HomeMy Public PortalAbout2010-002 Resolution Approving Variance fo BK Realty 1255 Medina RoadMember Smith introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO.2010-02
RESOLUTION APPROVING A VARIANCE FOR BK REALTY
FROM THE REQUIRED SETBACK FOR A SEPTIC SYSTEM FROM A WETLAND
FOR PROPERTY LOCATED AT 1255 MEDINA ROAD
WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Franklin Bank (the "Owner") is the owner of property located at
1255 Medina Road, legally described as Tract C, Registered Land Survey No. 1347, files of
Registrar of Titles, Hennepin County, Minnesota (the "Property"); and
WHEREAS, the existing septic system on the Property has been deemed an imminent
health threat and is required by Minnesota Rules and Subd. 3 of Section 720.06 of the city code
to be upgraded, repaired, or discontinued within 10 months; and
WHEREAS, Subd. 2(c) of Section 720.05 of the city code requires that an individual
sewage treatment systems (ISTS) be set back a minimum of 75 feet from wetlands; and
WHEREAS, BK Realty (the "Applicant") has applied to the City on behalf of the Owner
for approval of a variance in order to construct a new ISTS on the Property, the absorption area
of which would be located 30 feet from a wetland; and
WHEREAS, on December 15, 2009, the city council reviewed the request of the
Applicant and heard comments from interested parties; and
WHEREAS, the city council has made the following findings with regard to the criteria
for granting a variance described in Section 720.09 of the city code:
(a) If the strict letter of the ordinance were to be carried out, there would be no location on
the Property in which to locate an ISTS, which would place a hardship on the
Property being put to a reasonable use allowed in the zoning district.
(b) The Property is fairly unique as a result of its small size and the way it is constrained
by surrounding wetlands. In fact, new lots which are similarly constrained would not
be able to be created under current Rural Residential district standards.
(c) The Property was created prior to current zoning and ISTS regulations and the site
conditions were not contributed to by the Owner of the Property.
Resolution No. 2010-02
January 5, 2010
(d) The underlying soil conditions in the proposed location have been shown to meet the
requirements for a standard mound system. According to the city building official, a
well -functioning ISTS in this location should not have additional health, safety,
welfare, or water quality concerns than a system which meets the setback
requirement.
(e) Granting the variance would not confer any special privilege that would be denied to
other property owners under similar circumstances.
(f) The literal interpretation of the ordinance would deprive the Owner of the ability to
install an ISTS on the Property. When municipal sanitary sewer infrastructure is not
available, and on -site treatment is preferred to the alternative of utilizing holding
tanks, so long as site conditions support an ISTS.
(g) The Applicant has minimized the variance and the proposed ISTS is located as far from
wetlands on the Property as is practical.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MEDINA, MINNESOTA, that it should and does grant to the Applicant approval of
a variance to the 75 foot wetland setback for an ISTS required by Subd. 2(c) of Section 720.05 of
the city code, subject to the following terms and conditions:
1. The absorption area of the ISTS shall be located no closer than 30 feet from the edge of
the wetland;
2. Use of the existing septic system shall be discontinued no later than May 20, 2010;
3. The existing gas line shall be relocated prior to construction of the new ISTS;
4. An upland buffer with an average width of 20 feet shall be installed adjacent to the
portion of the wetland which is downslope from the area of the proposed ISTS;
5. The Owner shall execute and record documents provided by staff to identify the required
upland buffer, and shall install signage as required by Section 828.43;
6. A financial guarentee, in a form approved by City staff, shall be submitted prior to
issuance of a building permit to install the ISTS in an amount equal to 150% of the
estimated cost to install the required upland buffer and signage in order to ensure
installation; and
7. The Applicant shall pay a fee sufficient to reimburse the City for the actual costs accrued
in the review of this variance request.
Dated: January 5, 2010
Resolution No. 2010-02 2
January 5, 2010
T. M. Crosby, Jr., M o
Attest:
Chad M. Adams, City Administrator -Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member Weir and
upon vote being taken thereon, the following voted in favor thereof
Smith, Weir, Crosby, Siitari
And the following voted against same: (Absent: Johnson)
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2010-02 3
January 5, 2010