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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