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
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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.
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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