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HomeMy Public PortalAbout2023-85 Resolution Granting Wetland Setback Variance to Jaymes GrossmanResolution No. 2023-85 August 15, 2023 Member Cavanaugh introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION 2023-85 RESOLUTION GRANTING WETLAND SETBACK VARIANCE TO JAYMES GROSSMAN FOR A TYPE IV SEWAGE TREAMENT SYSTEM AT 3082 STATE HWY 55 WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Jaymes Grossman (the “Owner”) owns property located at 3082 State Hwy 55, (the “Property”), which is legally described in Exhibit A, attached hereto; and WHEREAS, the Owner has 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 as provided in Medina City Code, section 720.09, subd. 5; and WHEREAS, the City Council held a public hearing and reviewed the requested variance on August 15, 2023, 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 Owner has 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 the Owner. 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 to allow construction of the ISTS as shown on the plans with revision date 5/15/2022, 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 previously submitted by the Owners to the City, which is incorporated into this resolution as if fully set forth herein. 2) The Owner shall monitor and maintain the ISTS consistent with the requirements described in the requisite operating permit. The Owner shall submit record of all required inspections and recommendations of the designer to the City. Resolution No. 2023-85 2 August 15, 2023 3) The Owner 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 4) A permit for installation of the ISTS shall be obtained within one calendar year of the date of this resolution. 5) The Owner 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: August 15, 2023 By: ______________________ Kathleen Martin, Mayor Attest: By: ___________________________ Caitlyn Walker, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member DesLauriers 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. 2023-85 3 August 15, 2023 Exhibit A Legal Description of the Property