7.b)1) TKDA Memo-Gillespie Variance Amendment Request � � . b� � )
� - 444 Cedar Street,Suite 1500
+ � Saint Paul,MN 55101
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TKDA
Memorandum
To: Scandia City Council Reference: Gillespie Variance Amendment
Kristina Handt, Administrator Request, City of Scandia
Copies To: Dawn and Gary Gillespie,
Applicants
Project No.: 14253.006
From: Sherri Buss, Planner Routing:
Date: April 9, 2013
SUBJECT: Gillespie Application for Variance Amendment
MEETING DATE: April 16, 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 that meets the requirements 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 City Council Page 2 April 16, 2013
The applicants are seeking an amendment to the variance to remove the condition that requires
subdivision and platting.
The Planning Commission held a public hearing regarding the application on April 2. No public
comments were submitted on the application.
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 than 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 prope�ty (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 Council 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
fhe 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.
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Gillespie Variance Amendment
Scandia City Council Page 3 April 16, 2013
• The Gillespies case meets the requirements in State Statute to be exempt from
subdivision and platting.
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.
P/anner 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
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Gillespie Variance Amendment
Scandia City Council Page 4 April 16, 2013
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.
• The practical difficulty was not related to inadequate access to direct sunlight for solar
energy systems.
The Planner analvzed the variance amendment reauest, and found the followinq:
• Granting the amendment would not change the Findings that were the basis for the
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.
• 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 Council can take the following actions on the request:
1. Approval
2. Approval with conditions
3. Denial with findings
4. Table the request
PLANNING COMMISSION RECOMMENDATIONS
The Planning Commission recommends that the Council 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.
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Gillespie Variance Amendment
Scandia City Council Page 5 April 16, 2013
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.
4. The Applicant shall complete the following improvements, and shall 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 surtace 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 of the new parcel shall obtain a Wetland Delineation prior
to obtaining a building permit 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.
1
CITY OF SCANDIA, MINNESOTA
RESOLUTION NO. 04-16-13-04
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 l/4 of SE 1/4) 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 (NW1/4 of SE1/4) 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 l, 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 recommended that the City Council
approve the amendment to the Variance;
Resolution No.: 04-16-13-04
Page 2 of 3
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 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 properiy.
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.
Resolution No.: 04-16-13-04
Page 3 of 3
4. The Applicant shall complete the following improvements, and shall 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 l2' 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 adeyuate 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 reyuired 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 of the new parcel shall obtain a Wetland Delineation prior
to obtaining a building permit for proposed improvements to meet the requirements of the
Minnesota Wetland Conservation Act.
9. The variance is approved for a shared driveway and access far 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 City Council this 16nd day of April, 2013.
Randall Simonson, Mayor
ATTEST:
Kristina Handt, Administrator/Clerk
File No. � 0�� (�n $
APPLICATION FOR PLANNING AND ZONING REQUEST
City of Scandia, Minnesota
14727 209th Street North,Scandia,MN 55073
Phone 651/433-2274 Fax 651/433-51 l2 Web http:/1www.ci.scandia.mn.us
Please read before compledng: The City will not begin processing an application that is incomplcte. Detailed submission
requirements may be found in the Scandia Dcvelopment Code,available at the City office and website(www.ci.scandia.mn.us)and in
the chccklist forms for the particular typc of application. Application fees are due at the time of application and are not refundable.
1. Property Location: (street address, ' applicable)
2. Washington County Parcel ID:
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3. Complete Legal Description: (attach if necessary)
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4. Owner(s): ��Gu Y� �i%�s�I� P��e'� '���y�.� �'��v
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5. Applicant/Contact Person: Phone:
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Street Address(Mailing): E-Mail:
City/State: fj � (/)')� Zip:
6. Requested Action(s): (check all that apply)
� Variance �rv�@n�rvle�� _ Administrative Permit _ Amendment (Developmcnt Codc)
Variancc Extension ��°�
— _ Amendment(Comp.Plan)
Conditional Use Permit(CUP) _ Site Plan Review
— �typ�� _ Subdivision,Minor
CiJP Extension
CLTP/Opon Space Subdivision. — Site Plan Modificavon _ Subdivision,Preliminary Plat/Major
CUP/Planned Unit Development — Site Plan Extension _ Subdivision,Final Plat
Tnterim Use Permit(NP) — Sign(Permanent) _ Environmental Review
I 1/19/2010
'�. Brief Description of Request: (attach separate sheet if necessary)
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8. Project Name:
I hereby apply for consideration of the above described request and declare that the information and materials submitted
with this application are complete and accurate. I understand that no application shall be considered complete unless
accompanied by fees as required by city ordinance. Applications for projects requiring more than one type of review
shall include the cumulative total of all application fees specified for each type of review. I understand that applicants
are required to reimburse the city for all out-of-pocket costs incurred for processing,reviewing and hearing the
application.These cosis shall include,but are not limited to:parcel searches;publication and mailing of notices;review
by the city's engineering,planning and other consultants;legal costs,and recording fees. An escrow deposit to cover
these costs will be collected by the city at the time of application. The minimum escrow deposit shall be cumulative total
of all minimum escrow deposits for each type of review reyuired for the project,unless reduced as provided for by
ordinance. The city may increase the amount of the required escrow deposit at any time if the city's costs are reasonably
expected to exceed the minimum amount. Atty balance remaining after review is complete will be refunded to the
applicant. No interest is paid on escrow deposits.
PLEASE NOTE: If the fee owner is not the applicant,the applicant must provide written suthorization by the fee
owner in order for this applicarion to be considered complete.
Property Fee Owner Signature(s) Date:
Applicant Signature(s) Date:
1 ' -� _ L _ '
For City Use Only pAiD
Application Fees: � 1 ��' �V
MAR 14 2013
Escrow Deposit: ��• �V
11/19/2010
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