HomeMy WebLinkAboutResolution 2024-51 CUP Heather Meadows 3rdCity of Corcoran
County of Hennepin
State of Minnesota
RESOLUTION INIU. 2024-51
Motion By: McKee
Seconded By: Vehrenkamp
June 215 2024
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR AN AGRICULTURAL
ACCESSORY STRUCTURE FOOTPRINT ON A 4-ACRE PARCEL NEAR OAKDALE DRIVE
AND HEATHER LANE
(PID 05-119-23-31-0001)
(CITY FILE NO. 24-002)
WHEREAS, Mark and Markus Lee ("the applicant") request appr
residential lots and 2 outlots on property described as follows:
See Attachment A
oval of a preliminary plat for 12
WHEREAS, the applicant also requests approval of a conditional use permit to allow an accessory
structure footprint of 7,236 square feet on a 41mmmacre property to be subdivided into Lot 1, Block 4
of Heather Meadows 3rd Addition;
WHEREAS, the 4-acre parcel will be directly adjacent to an actively farmed outlot under the same
ownership;
WHEREAS, the Planning Commission reviewed the conditional use permit request at a duly
called Public Hearing and recommends approval, and;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORCORAN, MINNESOTA, that it should and hereby does approve the conditional use permit
request, subject to the following findings and conditions.
1. A conditional permit is approved, in accordance with the application materials received by the
City on January 22, 20241 with additional materials received as of April 27 20241 April 31 20247
April 11, 2024, April 12, 2024, April 22, 2024, and April 29, 2024, except as amended by this
resolution.
2. A conditional use permit is approved to allow an accessory structure footprint of 7,236 square
feet to facilitate the farming operations of Outlot A and Outlot B of Heather Meadows 3rd
Addition based on the finding that the following conditional use permit standards in Section
1030.020, Subd. 4(I) have been satisfied.
a. The proposed use shall be in conformance with all City regulations.
i. If a variance is not granted to allow a 91' setback for the northern most
agricultural structure on Lot 1, Block 4, the structure must be removed or
relocated to meet the required setback.
ii. The setback from the east property line and sidewall height of the
structures are accepted as legal nonconformities.
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City of Corcoran
County of Hennepin
State of Minnesota
RESOLUTION NO. 2024-51
June 27, 2024
b. A certificate of survey was submitted that identifies all existing structures on the
site.
c. The building material standards required by the Zoning Ordinance have been met.
Where building materials do not satisfy the Zoning Ordinance, these are accepted
as legal non conformities.
d. The applicant shall provide proof that ownership of Lot 1, Block 4 and Outlot A of
the Heather Meadows 3rd Addition plat continues to remain under the same
ownership after the final plat is recorded.
i. A restrictive covenant required as part of the plat will restrict sale of the
farmed outlots.
e. The agricultural buildings are used for agricultural purposes only.
i. The applicant can use some accessory structures for non-agricultural uses
as long as the footprint of the non-agricultural buildings does not exceed
the by -right accessory structure footprint for a 4-acre parcel of 2,125 square
feet, per Section 1030.020, Subd. 4.
1. Accessory structures in excess of the by -right footprint can only be
used for agricultural purposes.
2. Any structure that is not entirely used for agricultural purposes will
be considered a non-agricultural structure.
a. Even if some portions of a structure are used for agricultural
purposes, the entire footprint of the building will be
calculated in determining compliance with this standard if
portions of the building are utilized for non-agricultural
purposes.
3. The following conditional use permit standards in Section 1070.020 are satisfied:
a. Compliance with and effect upon the Comprehensive Plan, including public
facilities and capital improvement plans. The land is guided for Rural/Ag
Residential, and the proposed agricultural structures to serve an adjacent farmed
outlot is consistent with the uses envisioned in this area.
b. The establishment, maintenance, or operation of the conditional use will promote
and enhance the general public welfare and will not be detrimental to or endanger
the public health, safety, morals, or comfort. Granting the conditional use will
enable the property owner to continue their farm operation which will preserve
agricultural land in the Rural Residential area.
c. The conditional use will not be injurious to the use and enjoyment of other property
in the immediate vicinity for the purposes already permitted, nor substantially
Ulf inish or impair property values within the neighborhood. These structures exist
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City of Corcoran
County of Hennepin
State of Minnesota
RESOLUTION NO. 2024-51
June 27, 2024
and are used regularly today. Two structures that are not currently utilized are
proposed to be removed to reduce potential impact in the future.
d. The establishment of the conditional use will not impede the normal and orderly
development and improvement of surrounding property for uses permitted in the
district.
e. The conditional use shall, in all other respects, conform to the applicable
regulations of the district in which it is located. Conditions of approval will ensure
compliance with this standard. Portions of the structures that do not comply with
the prevailing standards are protected as legal nonconformities.
f. The conditional use and site conform to performance standards of the Zoning
Ordinance. Conditions of approval will ensure compliance with this standard.
4. The agricultural structures must continue to be used for agricultural purposes only in
conjunction with agricultural operations on Outlot A of Heather Meadows 3rd Addition.
a. Should the agricultural use of the buildings and/or Outlot A of Heather Meadows
3rd Addition cease, the accessory structure footprint must be reduced to 2,125
square feet.
5. The two existing structures indicated for removal on the preliminary plat shall be removed.
6. Outlot A of Heather Meadows 3rd Addition shall remain under the same ownership of Lot 1,
Block 4 of Heather Meadows 3rd Addition.
7. The applicant must sign an affidavit that states all structures in excess of the by -right footprint
are used for agricultural purposes only.
8. None of the structures can be used for commercial purposes unless the applicant applies for
City approval of a home occupation and such approval is granted.
9. None of the structures can be used as an Accessory Dwelling Unit unless the applicant applies
for approval and such approval is granted.
10. Prior to release and close out of the escrow account, the applicant must complete the
following:
a. The approving resolution must be recorded at Hennepin County.
b. The applicant must provide proof of recording to the City.
c. The applicant must remove the two buildings identified for removal.
i. A final inspection must be completed by the City to confirm removal and
stabilization of the land.
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City of Corcoran
County of Hennepin
State of Minnesota
RESOLUTION NO. 2024-51
VOTING AYE
❑ McKee, Tom
® Bottema, Jon
® Nichols, Jeremy
® Lanterman, Mark
® Vehrenkamp, Dean
June 27, 2024
VOTING NAY
❑ McKee, Tom
❑ Bottema, Jon
❑ Nichols, Jeremy
❑ Lanterman, Mark
❑ Vehrenkamp, Dean
Whereupon, said Resolution is hereby declared adopted on this 27t" day of June 2024.
ATTEST:
3
d `
Jay Tob,��n
City Administrator
Tom McKee -Mayor
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City Seal
City of Corcoran
County of Hennepin
State of Minnesota
RESOLUTION NOo 2024-51
ATTACHEMENT A
June 27, 2024
Outlot A, HEATHER MEADOWS, Hennepin County, Minnesota, according to the recorded plat
thereof.
AND
The East Half of the West Two -Thirds of the Southwest Quarter of Section 5, Township 119,
Range 23, Hennepin County, Minnesota.
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