HomeMy Public PortalAbout2020-46 Resolution Granting ISTS Wetland Setback Variance to Mary and John Bartzen and Chase and Mackenzie Hicks at 1075 Oak CircleMember Pederson introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION 2020-46
RESOLUTION GRANTING WETLAND SETBACK VARIANCE TO
MARY AND JOHN BARTZEN AND CHASE AND MACKENZIE HICKS FOR
AN INDIVIDUAL SEWAGE TREATMENT SYSTEM AT 1075 OAK CIRCLE
WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, on August 7, 2020, Chase Whitney Hicks and MacKenzie Priscilla Hicks
(the "Owners") purchased and are currently the fee owners of property located at 1075 Oak Circle
(the "Property"), which is legally described as:
Lot 5, Block 2, Medina Manor 1st Addition, Hennepin County, Minnesota; and
WHEREAS, on July 23, 2020, Mary P. Bartzen and John F. Bartzen Jr. (the "Applicants"),
the previous owners of the Property, requested a wetland setback variance for an individual sewage
treatment system (ISTS) pursuant to Medina City Code, section 720.21; and
WHEREAS, the City Council held a public hearing and reviewed the requested variance
on August 18, 2020 and heard testimony from City staff and any 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 the
ISTS ordinance, and is in accordance with Minnesota Rules, Chapters 7080, 7081,
and 7082.
2) The Applicants and 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 Applicants or 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.
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 to 20 feet, subject to the following terms and conditions:
1) The Owners shall obtain an operating permit from the City which shall require a certified
designer to monitor the ISTS on an annual basis.
2) The ISTS shall be inspected annually by a certified Minnesota Pollution Control Agency
septic designer. The Owners shall maintain a contract for monitoring and maintaining the
ISTS.
Resolution No. 2020-46
September 1, 2020
3) The Owners shall take actions if recommended by the designer in the future, which may
include, but is not limited to: adjusting dosing, reducing effluent, conducting additional
pumping, or conducting additional maintenance operations.
4) A permit for installation of the ISTS shall be obtained within one calendar year of
approval of the variance and the location shall be consistent with the design submitted by
the Applicants and dated July 14, 2020.
5) The Applicants shall pay to the City a fee in the amount sufficient to pay for all costs
associated with the review of the application for the variance.
Dated: September 1, 2020.
Attest:
By:
V
Jod(Yr
Gallup, City Clerk
By:
Kathleen Martin, Mayor
The motion for the adoption of the foregoing resolution was duly seconded by member Anderson
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.
Resolution No. 2020-46 2
September 1, 2020