4.a) Amend the Approved Variance at 20290 Olinda Trail. Dawn Gillespie, Applicant. ( �. 0..�
444 Cedar Street,Suite 1500
Saint Poul,MN 55101
651.292.4400
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Memorandum
To: Scandia Planning Reference: Gillespie Variance Amendment
Commission Request, City of Scandia
Kristina Handt, Administrator
Copies To: Dawn and Gary Gillespie,
Applicants
Project No.: 14253.006
From: Sherri Buss, Planner Routing:
Date: March 25, 2013
SUBJECT: Gillespie Application for Variance Amendment
MEETING DATE: April 2, 2013
LOCATION: 20290 Olinda Trail
Scandia, Minnesota
APPLICANT: Dawn Gillespie
ZONING: General Rural (GR) District
60-DAY PERIOD: May 13, 2013
ITEMS REVIEWED: Application and Site Plans March 14, 2013
BRIEF DESCRIPTION OF THE REQUEST:
The City granted a variance to Dawn and Gary Gillespie on July 17, 2012 to allow the Gillespies
to create two lots on their property located at 20290 Olinda Trail. The variance allowed the lots
to be created without the required frontage on a public street. The Planning Commission and
Council also reviewed a sketch plan for the subdivision and provided comments on the sketch
plan with the variance approval.
The variance included a condition that "The Applicant shall submit a Preliminary Plat for the
Minor Subdivision to the City thaf ineets the requiremenfs of the Development Code. The
Preliminary and Final Plats shall be approved by the City before construction of proposed
improvements on the property."
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Gillespie Variance Amendment
Scandia Planning Commission Page 2 April 2, 2013
The applicants are seeking an amendment to the variance to remove the condition that requires
subdivision and platting.
DETAILED EVALUATION OF THE REQUEST
Based on the variance granted by the City, the Gillespies began working with a land surveyor on
the subdivision process. The surveyor indicated to the Gillespies that State Statutes do not
require subdivision or platting for `parcels of residential or agricultural land of not less than 20
acres and having a width of not less than 500 feet and its conveyance does not result in the
division of the parcel into two or more lots or parcels, any one of which is less fhan 20 acres in
area or 500 feet in width."[Mn Statutes 462.358, Subd 4b, Item (6)]. The surveyor also noted to
the Gillespies that the regulations require that if a lot is platted, a wetland delineation must be
completed for all wetlands on the property (Mn Statutes 505, Subd. 9), and that a wetland
delineation for the new lot would have a high cost for the Gillespies.
The Gillespies surveyor suggested that they approach the City to determine if the variance
could be amended to remove the requirement for platting, based on the state statutes related to
platting and subdivision.
The Planning Commission should also know that a wetland delineation is valid for only three
years. If the parcel is not developed within three years of the delineation that would be required
for platting, it would need to be completed again by the Gillespies or a new owner before
development could occur on the parcel.
City Attorney Comments Regarding the Variance Amendment Request
City Attorney Tom Miller had recommended the condition that was included in the Gillespie's
variance approval to require submission of a preliminary and final plat. The condition was
recommended as a typical condition that is applied to potential subdivision applications.
The City's Subdivision ordinance includes a provision related to large-lot subdivisions that is
similar to the State Statute, in Chapter 3, Section 1, Item 1.5 (1):
"...The regulations in this chapter do not apply to cases where all parcels resulting from
the land division exceed 20 acres in size and have 500 feet of frontage on a public road
and subdivision approval is not required."
Based on the state statute and the City's ordinance, the planner discussed the Gillespies'
request to remove the condition that requires subdivision and platting with the City Attorney.
Upon review, Attorney Miller had the following comments:
• The City originally indicated to the applicants that subdivision was required because the
parcel did not have the required frontage on a public roadway. The City has since
granted the variance from the frontage requirement, and therefore the applicants do not
need to provide the required roadway frontage. Therefore Chapter 3, Section 1, Item 1.5
may be applied to the Gillespies' case, and the lots may be created without the
subdivision process.
• If subdivision is not required, the Gillespies do not need to plat.
• The Gillespies case meets the requirements in State Statute to be exempt from
subdivision and platting.
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Gillespie Variance Amendment
Scandia Planning Commission Page 3 April 2, 2013
The City's current Attorney, Nick Vivian, reviewed the ordinance and the Gillespie's request, and
indicated the following;
• Platting imposes a hardship that was not contemplated by the City or the applicant at the
time of approval, and is not required.
In summary, the City Attorney indicated no objections to removing the condition that requires
subdivision and platting.
Planner Analysis of the Variance Amendment Request
Ordinance 129 states that variances are allowed when the variance is consistent with the
Comprehensive Plan, and the strict enforcement of the Development Code would cause
practical difficulties because of circumstances unique to the individual property under
consideration. The criteria for granting a variance include the following:
• The applicant proposes to use the property in a reasonable manner not permitted by the
Development Code.
• The plight of the landowner is due to circumstances unique to the property, not created
by the landowner.
• The variance, if granted, will not alter the essential character of the locality.
• The practical difficulties are not due solely to economic conditions.
• The proposed variance will not impair an adequate supply of light and air to adjacent
properties, substantially increase the congestion of public streets, or increase the danger
of fire or endanger public safety, or substantially diminish or impair property values
within the neighborhood.
• That the requested variance is the minimum action required to eliminate the practical
difficulty.
• Practical difficulties include, but are not limited to inadequate access to direct sunlight for
solar energy systems.
The analysis and findings for the original variance request concluded that the request met the
Development Code criteria for granting the variance, based on the following:
• The proposed residential use and lot sizes are consistent with the Comprehensive Plan
and development code.
• The single-family residential use is permitted in the General Rural District, and is
therefore a reasonable use of the property.
• The practical difficulties were caused by the landlocked condition of the existing parcel, a
pre-existing condition unique to the parcel that was not created by the current
landowner.
• The variance will not alter the essential character and pattern of development of the
surrounding area.
• The practical difficulties were related to the landlocked nature of the parcel, and not
solely an economic condition.
• Granting the variance will not impair an adequate supply of light and air to adjacent
properties, substantially increase the congestion of public streets, or increase the danger
of fire or endanger public safety, or substantially diminish or impair property values
within the neighborhood.
• Granting the variance was the minimum action required to eliminate the practical
difficulty.
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Gillespie Variance Amendment
Scandia Planning Commission Page 4 April 2, 2013
• The practical difficulty was not related to inadequate access to direct sunlight for solar
energy systems.
The Planner's analyzed the variance amendment request, and found the following;
• Granting the amendment would not change the Findings that were the basis for approval
of the variance. The findings would apply to the amended variance requested by the
applicant.
• The Planner and Attorney could find no advantage or need for the City to require
subdivision and platting for the proposed division of the existing parcel. The parcels
meet the State Statutory requirement for division without subdivision. The parcel lines
are regular, and therefore platting has no significant advantage over a meets and
bounds description in this case.
• The statutory requirement for wetland delineation with platting places a burden on the
applicant that may be of no value if the property is not sold and developed within three
years of the date of the delineation. The Planner has included a condition that a wetland
delineation be completed at the time improvements are proposed, if required by the
Minnesota Wetland Conservation Act.
• The City's concerns related to the completion of improvements to the shared driveway
may be addressed through the building permit process. The Planner revised the
conditions to require that the driveway improvements be completed before a building
permit may be issued.
ACTION REQUESTED:
The Planning Commission should listen to comments at the public hearing, discuss the
Variance Amendment request, and can recommend the following for the request:
1. Approval
2. Approval with conditions
3. Denial with findings
4. Table the request
PLANNING STAFF RECOMMENDATIONS
The Planner recommends that the Planning Commission approve the Variance Amendment
request to revise the conditions included in the Variance granted on July 17, 2012 that required
that the applicants submit Preliminary and Final Plats for a subdivision at 20290 Olinda Trail to
the City. The Variance Amendment removes the requirement for subdivision and platting based
on Minnesota Statutes 462.358, Subd. 4b, Item (6) and Chapter 3, Section 1, Item 1.5 (1) of the
Development Code.
The Amended Variance includes the following conditions:
1. The development on the property shall be in substantial compliance with the site plan
submitted to the City on June 8, 2012.
2. The parcels shall be recorded at Washington County before construction of the
improvements on the property.
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Gillespie Variance Amendment
Scandia Planning Commission Page 5 April 2, 2013
3. The applicant shall have prepared and provided to the City Attorney for approval a
document or documents, in recordable form creating a shared driveway easement for
the proposed subdivided lots consistent with the conditions required by the Council
approval and identifying the maintenance responsibilities of the respective owners of
such lots regarding the driveway. The document or documents shall have been
approved by the City Attorney prior to approval of a building permit for the new parcel.
4. The Applicant shall complete improvements and maintain the common access and
future shared driveway to allow for emergency vehicle access to the existing and future
homes, including the following:
• In order to provide reasonable access to fire trucks and rescue vehicles, the
Applicant shall provide a minimum 12' wide gravel surface for the common access
and shared driveway (Class 5 aggregate base). The gravel should be a minimum 6"
thick compacted surFace.
• The Applicant shall maintain a 16' wide opening around the driveway by clearing
trees or shrubs as needed.
• The Applicant shall slope the driveway to drain the gravel to ditches and culverts.
• The Applicant shall add ditches or culverts if needed to provide adequate drainage
for the driveway and common access.
• The driveway shall at all times be maintained in a condition so as to allow access by
fire trucks, rescue and other emergency vehicles, including ensuring that equipment
and vehicles are not parked within the driveway area.
5. The Applicant shall complete the improvements required in Condition #4 before the City
shall issue a building permit for new construction on either parcel.
6. The Applicant or future owner shall obtain the required wastewater system permit from
Washington County for construction of a future home on the new parcel(s).
7. The applicant or future owner shall obtain a Watershed District permit for storm water
management for proposed improvements and erosion control if required by the District.
8. The applicant or future owner shall obtain a Wetland Delineation for proposed
improvements to meet the requirements of the Minnesota Wetland Conservation Act.
9. The variance is approved for a shared driveway and access for the two parcels that are
shown on the plan. The applicant or future owners must apply for a variance if additional
subdivision of the parcel(s) and shared access is proposed in the future.
10. The Applicant shall pay all fees and escrows related to this application.
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CITY OF SCANDIA, MINNESOTA
RESOLUTION NO. 04-02-13-01
APPROVING AMENDED VARIANCE FOR 20290 OLINDA TRAIL
WHEREAS, the City approved a Variance for Dawn Gillespie to create two lots by
subdivision of an existing parcel at 20290 Olinda Trail on July 27, 2012; and
WHEREAS, Dawn Gillespie has made an application to amend the Variance to allow
division of the existing parcel without subdivision and platting; and
WHEREAS, the property is legally described as follows:
The North Six (6) Rods of the East Two (2) Rods of the Southwest Quarter of the
Southeast Quarter (SW 1/4 of SEl/4) of Section Twenty-two (22), in Township Thirty-two (32)
North, of Range Twenty (20) West, containing .08 acre of land, more or less, and the Northwest
Quarter of the Southeast Quarter (N W 1/4 of SE 1/4) of Section Twenty-two (22) in Township
Thirty-two (32) North, of Range Twenty (20) West, except the West Two (2) Rods of the South
Six (6) Rods thereof, contain 39.92 acres, more or less; and
WHEREAS, Minnesota Statutes 462.358, Subd. 4b, Item (6) allows "parcels of
residential or agricultural land of not less than 20 acres and having a width of not less than 500
feet and its conveyance does not result in the division of the parcel into two or more lots or
parcels any one of which is less than 20 acres in area or 500 feet in width" to be divided without
subdivision, and the parcel at 20290 Olinda Trail meets the Statutory requirement; and
WHEREAS, the City's Development Code Chapter 3, Section 1, Item 1.5(a) does not
require subdivision or platting in cases where "all parcels resulting from the land division exceed
20 acres in size and have 500 feet of frontage on a public road," and the City has granted the
Variance from the frontage requirement: and
WHEREAS, the Planning Commission reviewed the request for an Amended Variance
at a duly noticed Public Hearing on April 2, 2013, and
Resolution No.: 04-02-13-01
Page 2 of 3
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE PLANNING
COMMISSION OF THE CITY OF SCANDIA, WASHINGTON COUNTY,
MINNESOTA, that it should and hereby does approvc the variance amendment to allow two
lots to be created at 20290 Olinda Trail without subdivision or platting, based on the following
findings:
1. Granting the requested variance is in harmony with the Comprehensive Plan goals and
policies for the General Rural District.
2. The proposed single-family residential use and lot sizes are consistent with the
Comprehensive Plan and policies for the General Rural District.
3. The landlocked condition of the existing parcel was not created by the current owner.
4. The proposed lot size and use are consistent with the essential character of the
surrounding General Rural District.
5. The request is related to the existing landlocked nature of the existing lot, not economic
conditions.
6. The proposed variance will not impair an adequate supply of light and air to adjacent
properties, substantially increase the congestion of public streets, increase the danger of
fire or endanger public safety or substantially diminish or impair property values in the
neighborhood.
7. The requested variance is the minimum needed to eliminate the practical difficulties and
provide access to the parcels.
8. The practical difficulty was not related to inadequate access to direct sunlight for solar
energy systems.
FURTHER BE IT RESOLVED, that the following conditions of approval shall be met:
1. The development on the property shall be in substantial compliance with the site plan
submitted to the City on June 8, 2012.
2. The parcels shall be recorded at Washington County before construction of the
improvements on the property.
3. The applicant shall have prepared and provided to the City Attorney for approval a
document or documents, in recordable form creating a shared driveway easement for the
proposed subdivided lots consistent with the conditions required by the Council approval
and identifying the maintenance responsibilities of the respective owners of such lots
regarding the driveway. The document or documents shall have been approved by the
City Attorney prior to approval of a building permit for the new parcel.
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Resolution No.: 04-02-13-01
Page 3 of 3
4. The Applicant shall complete improvements and maintain the common access and future
shared driveway to allow for emergency vehicle access to the existing and future homes,
including the following:
• In order to provide reasonable access to fire trucks and rescue vehicles, the Applicant
shall provide a minimum 12' wide gravel surface for the common access and shared
driveway (Class 5 aggregate base). The gravel should be a minimum 6" thick
compacted surface.
• The Applicant shall maintain a 16' wide opening around the driveway by clearing
trees or shrubs as needed.
• The Applicant shall slope the driveway to drain the gravel to ditches and culverts.
• The Applicant shall add ditches or culverts if needed to provide adequate drainage
for the driveway and common access.
• The driveway shall at all times be maintained in a condition so as to allow access by
fire trucks, rescue and other emergency vehicles, including ensuring that equipment
and vehicles are not parked within the driveway area.
5. The Applicant shall complete the improvements required in Condition #4 before the City
shall issue a building permit for new construction on either parcel.
6. The Applicant or future owner shall obtain the required wastewater system permit from
Washington County for construction of a future home on the new parcel(s). �
7. The applicant ar future owner shall obtain a Watershed District permit for storm water
management for proposed improvements and erosion control if required by the District.
8. The applicant or future owner shall obtain a Wetland Delineation for proposed
improvements to meet the requirements of the Minnesota Wetland Conservation Act.
9. The variance is approved for a shared driveway and access for the two parcels that are
shown on the plan. The applicant or future owners must apply for a variance if additional
subdivision of the parcel(s) and shared access is proposed in the future.
10. The Applicant shall pay all fees and escrows related to this application.
Adopted by the Scandia Planning Commission this 2nd day of April, 2013.
Christine Maefsky, Chair
ATTEST:
Kristina Handt, Administrator/Clerk