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7.b 1 Resolution 10-17-17-01 Manthey Acres Minor Subdivision and Variance CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 10-17-17-01 APPROVING A MINOR SUBDIVISION AND VARIANCE FOR MANTHEY ACRES ON THE PARCEL IDENTIFIED BY WASHINGTON COUNTY AS 27.032.20.44.003, LOCATED ON OLD MARINE TRAIL NORTH WHEREAS, Dan Manthey has made an application for a Minor Subdivision to create Lot1, including 5.7 acres; Lot 2, including 5.1 acres; and Outlot A, including 12.1 acres by subdividing parcel 27.032.20.44.0003 located on Old Marine Trail North; and has made an application for a Variance to construct a shared driveway in a location that does not meet the required setbacks from two wetland basins; and WHEREAS, the property is legally described as follows: Part of Government Lot 6, and part of the Northeast Quarter of the Southeast Quarter all in Section 27, Township 32 North, Range 20 West, Washington County, Minnesota lying southerly of the centerline of Old Marine Trail North; and WHEREAS, the Planning Commission reviewed the request for the Minor Subdivision at a duly noticed Public Hearing on September 5, 2017 and reviewed the request for a Variance at a duly noticed Public Hearing on October 3, 2017 and recommended approval of the Minor Subdivision and Variance with conditions; and NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does approve a subdivision to create new Lot 1, 5.7 acres, Lot 2, 5.1 acres, and Outlot A, 12.1 acres in size, by subdividing parcel 27.032.20.44.0003; and herby does approve a variance to locate the shared driveway for Lots 1 and 2 in a location that is a minimum of 71’ from the delineated boundaries of wetland basins 5 and 6 on Lots 1 and 2 respectively, based on the following findings: 1. Granting the requested variance is in harmony with the purposes and intent of the Comprehensive Plan and Development Code based on the following: o The proposed residential use is permitted in the General Rural District, and a driveway is required to support that use. o There is no location on Lot 1 where a driveway could be constructed outside the required wetland setbacks. o The proposed location will be in harmony with the goals and policies in the Comprehensive plan because the shared driveway and proposed driveway location will minimize the potential impacts on the wetlands where the setback will be Resolution No.: 10-17-17-01 Page 2 of 3 reduced and will minimize impervious cover in comparison to having two driveway locations. 2. The property owner proposes to use the property in a reasonable way, but cannot do so under the rules of the Development Code. Single-family residences and driveways are reasonable uses in the GR District. The proposed use could not be developed without a driveway. 3. The practical difficulties are caused by the locations of several wetlands on the parcel. It is not possible to develop a driveway on Lot 1 that would avoid impacts to all of these features. 4. Granting the variance would not alter the essential character of the area. The applicants’ property is surrounded by parcels with single-family residences and vacant parcels. 5. The practical difficulties are caused by the locations of the existing wetlands on the parcel, and are not related only to economic conditions. 6. The proposed variance will not impair the supply of light or air to adjacent properties and will not increase congestion or endanger public safety. The proposed driveway location will not impair property values in the neighborhood. 7. Construction of the proposed shared driveway with a setback of 71’ from each of the wetlands is the minimum action required to eliminate the practical difficulty. 8. Granting the variance will provide adequate access to direct sunlight for solar energy systems. FURTHER BE IT RESOLVED, that the following conditions of approval shall be met: 1. The minor subdivision shall be in substantial compliance with the revised Preliminary Plat received by the City on September 6, 2017. 2. In order to provide a reasonable access to fire trucks and rescue vehicles, the applicant shall construct and the property owners shall maintain a minimum 12’ driveway surface that is capable of supporting emergency vehicle equipment. 3. The applicant or owners shall maintain a 16’ wide opening around the driveway by clearing the trees or shrubs as needed. 4. Any changes to drainage on the lots shall meet the requirements of the Minnesota Wetland Conservation Act. 5. The Plat shall be revised to add a 10’ wide drainage & utility easement just south of the Old Marine Trail road right-of-way across the entire proposed northern boundary of Lot 1, Lot 2, and Outlot A. The easement shall be dedicated to the City of Scandia. Resolution No.: 10-17-17-01 Page 3 of 3 The proposed drainage easements should be adjusted accordingly. 6. The proposed private driveway easement should be adjusted up to the 10’ wide drainage & utility easement. 7. The proposed drainage easements should include separate descriptions for Lot 1, Lot 2, and Outlot A. 8. The applicant or future owners shall obtain a building permit(s) for any future construction on the parcels in the subdivision. All future construction shall comply with the Development Code. 9. The applicant or future owners shall obtain all required Watershed District permit(s) for proposed construction. 10. The applicant or future owners shall obtain a septic system permit from Washington County for any SSTS on Lots 1 and 2. 11. The park dedication fee of $3,000 per lot for Lots 1 and 2 shall be due before the approval of the Final Plat. 12. Outlot A shall not be required to remain a part of Manthey Acres. 13. The applicants shall record the plat within one year of the date when the minor subdivision is approved. 14. The applicants shall pay all fees and escrows associated with this application. Adopted by the Scandia City Council this 17th day of October, 2017. ______________________________ Christine Maefsky, Mayor ATTEST: ________________________________ Neil Soltis, Administrator/Clerk