HomeMy Public PortalAbout2022-20 Resolution Granting Deng Septic VarianceResolution No. 2022-20 1
March 15, 2022
Member Cavanaugh introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION 2022-20
RESOLUTION GRANTING WETLAND SETBACK VARIANCE TO
HUAJIE DENG AND XIAOYAN LIU FOR AN INDIVIDUAL SEWAGE
TREAMENT SYSTEM AT 2472 PARKVIEW DRIVE
WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Huajie Deng and Xiaoyan Liu (the “Owners”) own property located at 2472
Parkview Drive, (the “Property”), which is legally described in Exhibit A, attached hereto; 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 March 1, 2022, and 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 the
City’s ISTS ordinance, 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 of the Property.
NOW, THEREFORE BE IT RESOLVED, that, pursuant to Medina City Code section
720.21, 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 subject to review and approval by the Building Official and shall be
installed generally as displayed on the design dated July 7, 2021. The absorption area
shall be a minimum of 20 feet from the wetland and tanks shall be a minimum of 40 feet
from the wetland.
2) The Owners shall have the ISTS inspected and assessed by an ISTS designer following
three years of operation to determine whether additional monitoring and maintenance
requirements shall be implemented to improve long-term operation of the ISTS. The
Resolution No. 2022-20 2
March 15, 2022
Owners shall submit record of this inspection and recommendations of the designer to the
City.
3) The Owners shall take necessary actions in the future as directed by the professional
monitoring the ISTS, which may include, but is not limited to:
a. adjusting dosing.
b. additional pumping.
c. maintenance activities.
4) A permit for installation of the ISTS shall be obtained within one calendar year of the
date of this resolution.
5) The Owners 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: March 15, 2022
By: ______________________
Kathleen Martin, Mayor
Attest:
By: ___________________________
Caitlyn Walker, City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member Reid_
and upon vote being taken thereon, the following voted in favor thereof:
Albers, Cavanaugh, DesLauriers, Martin, Reid
And the following voted against same:
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2022-20 3
March 15, 2022
Exhibit A
Legal Description of the Property