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