HomeMy Public PortalAbout2019-40 Resolution granting wetland setback variance to Peter and Laurie Maiser for an individual sewage treatment system at 485 Medina RoadMember Pederson introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION 2019-40
RESOLUTION GRANTING WETLAND SETBACK VARIANCE TO
PETER AND LAURIE MAISER FOR AN INDIVIDUAL SEWAGE TREATMENT
SYSTEM AT 485 MEDINA ROAD
WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Peter and Laurie Maiser (the "Owners") own property located at 485 Medina
Road, (the "Property"), which is legally described as:
That part of the NE 1/4 of the SW 1M of Section 13, Township 118, Range 23, described as follows: Commencing at
the Southwest corner of said Quarter Quarter, thence East along the Stith line of said Quarter Quarter a distance of
628.8 feet to the actual point of beginning; thence continuing along the lost described course 787.86 feet, more or leas,
to the Southeast comer of said Quarter Quarter, thence North along the East One of said Quarter Quarter distant 808.7
feet, more or less, to the centerline of the Township Road; thence West along said centerline 791.3 feet, more or leas, to
Its intersection with a line drawn North from the point of beginning and parallel with the West Ina of said Quarter
Quarter, thence South along said parallel lane 607.36 feet, more or less, to the point of beginning, Hennepin County,
Minnesota.
Also that part of the NW 1/4 of the SE 1/4 of Section 13, Toimship 118, Range 23 described as follows: Beginning at
the Southwest comer of said Quarter Quarter, thence East along the South One of said Quarter Quarter distant 187.0
feet thence North parallel with the West One of said Quarter Quarter dint 667.36 feet to the centerline of the Township
Road; thence VVestedy along said centerline 193.96 feet, more or less, to Its Intersection with Bald West line; thence
South along said West One 808.7 feet, more or loss, to the point of beginning, Hennepin County, Minnesota.
;and
WHEREAS, the Owners have 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 4, 2019, heard testimony from City staff, and any interested party; 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 Owners have 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 Owners.
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."
Resolution No. 201940
June 18, 2019
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 treatment and dispersal area shall be setback a minimum of 50 feet from the
wetland on the Property.
2) The Owners shall establish an upland buffer with an average width of 25-feet from the
wetland, with the area nearest Septic Site A to be reduced to 20-feet and wider in areas
not near septic location. The buffer shall include appropriate vegetation, signage and
documentation to be approved by City staff.
3) The ISTS shall be inspected annually by a certified MPCA septic designer for the first
five years to verify it is functioning properly. The Owners shall implement any
recommendations made by the designer to improve functioning and longevity.
4) 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.
5) The Owners shall pay to the City a fee in an amount sufficient to pay for the costs
associated with review4ing the variance and other relevant documents.
Dated: June 18, 2019.
By:
Kathleen Martin, Mayor
Attest:
By:
The motion for the adoption of the foregoing resolution was duly seconded by member Albers
and upon a vote being taken thereon, the following voted in favor thereof:
Albers, Anderson, DesLauriers, Martin, Pederson
And the following voted against same:
None
Whereupon said resolution was declared duly passed and adopted.
e
Resolution No. 2019-40 2
June 18, 2019