HomeMy Public PortalAbout2017-048 Resolution Granting Wetland Setback Variance to Donald Dykhoff for an Individual Sewage Treatment System at 3396 Elm Creek DriveMember Pederson introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO.2017-48
RESOLUTION GRANTING WETLAND SETBACK VARIANCE TO
DONALD DYKHOFF FOR AN INDIVIDUAL SEWAGE TREAMENT SYSTEM
AT 3396 ELM CREEK DRIVE
WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Donald R. Dykhoff (the "Owner") owns property located at 3396 Elm
Creek Drive (the "Property"), which is legally described as:
Lot 2, Block 1, Hunter Farms Addition, Hennepin County, Minnesota; and
WHEREAS, the Owner has requested approval of a variance to reduce the required 75-
foot setback for an individual sewage treatment system (ISTS) from a wetland on the Property;
and
WHEREAS, the City Council held a public hearing and reviewed the requested variance
on June 6, 2017, heard testimony from the Owner's representative, City staff, and interested
parties; and
WHEREAS, following such review the City Council made the following findings:
1) The granting of the variance is in harmony with the general purposes and intent of
this Section, and is in in accordance with Minnesota Rules, Chapters 7080, 7081, and
7082.
2) The Owner has established that there are practical difficulties in meeting the strict
letter of the ISTS ordinance.
3) The condition causing the demonstrated difficulty is unique to the property and was
not caused by the actions of applicant.
4) The granting of the variance will not be contrary to the public interest or damaging to
the rights of other persons in the vicinity."
NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota
hereby approves a variance to reduce the required 75-foot wetland setback for an ISTS on the
Property, subject to the following terms and conditions:
1) The ISTS shall be setback a minimum of 50 feet from the wetland on the Property.
2) The Owner shall establish an upland buffer with an average width of 20-feet from the
wetland. The buffer shall include appropriate vegetation, signage and documentation to
be approved by City staff.
Resolution No. 2017-48
June 20, 2017
3) The variance shall be valid for a period of one year following approval. Following such
time, the approval shall expire and be considered null and void unless the City Council
grants an extension.
4) The Owner shall pay to the City a fee in an amount sufficient to pay for the costs
associated with reviewing the variance and other relevant documents.
Dated: June 20, 2017.
By: e—e4 2it&Je
Bob Mitchell, Mayor
Attest:
Cc1)1"
By:ti1e'
Joi M. Gallup, City Cerk
The motion for the adoption of the foregoing resolution was duly seconded by member Martin
and upon vote being taken thereon, the following voted in favor thereof:
Anderson, Martin, Mitchell, Pederson
And the following voted against same: (Absent: Cousineau)
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2017-48 2
June 20, 2017