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HomeMy WebLinkAboutResolution 2022-59 Approving Preliminary Plat and Variance-ZewdeCity of Corcoran County of Hennepin State of Minnesota RESOLUTION NU. 2022-59 Motion By: Nichols Seconded By: Schultz May 26, 2022 A RESOLUTION APPROVING A PRELIMINARY PLAT FOR "PIRA" ON THE PROPERTY LOCATED AT 7320 ROLLING HILLS ROAD AND 22105 COUNTY ROAD 50 (PID 2&119-23-23-0002; 28A 19-23-21-0001) (CITY FILE NO. 22-002) WHEREAS, Anteneh Zewde ("the applicant") request fihree lot subdivision on property described as follows: See Attachment A ed approval of a preliminary plat to allow for a WHEREAS, the applicant also requested approval of variances from the accessory structure size and location requirements, and, WHEREAS, the Planning Commission reviewed the submitted preliminary plat and variances at a July called Public Hearing, and, NOW, THEREFORE, BE IT RESOLVED that the Corcoran City Council approves the request for a preliminary plat subject to the following findings and conditions; 1. A preliminary plat is approved, in accordance with the plans received by the City on April 41 2022, except as amended by this resolution. 2. The requested variances from the accessory structure and wetland setback requirements are denied based on the following findings: a. There are no practical difficulties in complying with the Zoning and Subdivision Ordinance standards. The landowner could relocate the existing accessory structures in order to comply with the Ordinance. It appears that the request for the variance is primarily economic based on the landowner 's desire to avoid relocation costs; however, both the MN Statute §462.357 and the Ordinance state that economic considerations alone do not constitute practical difficulties. b. The conditions upon which the variance is requested are not unique to the parcel and are caused by the landowner. There is no physical reason why the structures cannot be relocated to meet the setback requirements. The proposed encroachment of the side setback for the Playhouse on Lot 2 is a result of the proposed lot line requested by the landowner. c. Granting the variance will not alter the essential character of the locality. The structures are rural in nature. d. The variance would not be in harmony with the general purposes and intent of the Ordinance. The wetland buffer and wetland setback are established to maintain water quality and the health of wetlands. Bypassing these requirements fails to uphold the Zoning Ordinance's general purpose to conserve natural resources and maintain a high standard of environmental quality. Lot setbacks Page 1 of 5 City of Corcoran County of Hennepin state of Minnesota RESOLUTION NU. 2022-5U May 26, 2022 foI accessory structures are meant to protect visual appeal of the area. Bypassing this requirement is not in harmony with the Zoning Ordinance's general purpose to conserve the natural, scenic beauty, rural character, and attractiveness of the Corcoran countryside. e. The variance to allow structures to encroach within setbacks and the wetland buffer is not consistent with the guiding principal of the 2040 Comprehensive Plan to provide protection of natural resources, open space, and rural character that define Corcroan's quality of life. 3. A variance allowing an accumulated footprint of accessory structures up to 9,604 square feet is approved on Lot 3 based on the following findings: a. That there are practical difficulties in complying with the Zoning Ordinance. The applicant intends to continue utilizing the existing structures to support hobby farming, which is a reasonable use. Removing all of the otherwise functional buildings to comply with the limited footprint permitted in City Code will inhibit the landowner's ability to maintain the existing hobby farming operations on the site. b. That the conditions upon which a petition for a variation is based are unique to the parcel of land for which the variance is sought and were not created by the landowner. The property is unique in that a second house was previously built as a part of the original 60-acre farmstead. The two homes were retained on a single parcel platted as a part of Rush Creek Run. However, the property truly functions as two parcels with two separate households, separate driveways, separate mailing addresses, and most of the utilities separated besides a shared well. These conditions were not created by the current landowner as these structures and lot lines were established by a previous landowner. c. That the granting of the variance will not alter the essential character of the locality. There are no physical changes proposed to the structures. The use of the structures for primarily hobby farming is consistent with the rural character of the locality. d. The proposed variance is in harmony with the general purpose and intent of the Zoning Ordinance to conserve the rural character of the Corcoran countryside. e. The variance is consistent with one of the guiding principals in the 2040 Comprehensive Plan to protect the rural character that defines Corcoran's quality of life. The variance is in harmony with the Rural/Ag Residential land use designation intended to allow uses such as hobby farms. f. The City identifies the following conditions of approval to address the impact of the variance: i. Removal of Shed E and Shed H on Lot 3. This will reduce the degree of nonconformity to a reasonable amount of accessory structure space to be permanently protected by the variance. ii. Removal of the Quonset on Lot 3. This reduces the degree of nonconformity in the size of the accessory structure footprint granted by the Page 2 of 5 City of Corcoran County of Hennepin State of Minnesota . May 26, 2022 RESOLUTION INU. 2022-59 variance. Additionally, removal of the Quonset from the wetland buffer will reduce negative impacts to the wetland and water quality. Removal of Shed C on Lot 2. This will bring the lot into compliance for size requirements while reducing negative impacts to the wetland and water quality. iv. Relocation of Shed A on Lot 2 outside of the wetland buffer and setback. This will reduce negative impacts to the wetland and water quality. 4. There are 11 development rights remaining on Lot 1, Block 1 after the land is platted. 5. The applicant shall comply with comments in the City Engineer's memo dated April 22, 2022. 6. As referenced on the preliminary plat, the Playhouse on Lot 2 must be relocated to meet accessory structure location and setback requirements in Section 1030.020, Subd. 3. 7. The approval is subject to the review and approval by the Minnesota Department of Health of the shared well between Lot 2 and Lot 3. If the shared well is not approved, an approved location for a well on Lot 2 is required. S. The preliminary plat must be revised to show: a. Required wetland buffer monument signs as provided in the preliminary plat for Rush Creek Run and based on the new property line between Lot 2 and Lot 3. b. The required 15-foot wetland buffer setback per Section 1050.010, Subd. 5 (C). c. The reolocation of the Playhouse and Shed A on Lot 2. d. The removal of Shed C on Lot 2. e. The removal of Shed E, Shed H, and the Quonset on Lot 3. 9. Prior to demolition and reolocation of the accessory structure buildings, erosion control measures must be installed to protect the wetlands as approved by Public Works and Engineering. 10. Prior to release of the final plat for recording, the applicant must: a. Provide proof of approval of the shared well by the MN Department of Health. i. If approved, a shared well agreement must be provided for review and approval by the City Attorney. ii. If not approved, the preliminary plat must be revised to reflect an approved well location on Lot 2. b. The applicant shall enter into a site improvement performance agreement and submit a financial guarantee for the proposed work as outlined in Section 1070.050, Subd. 9 of the Zoning Ordinance. Page 3 of 5 City of Corcoran County of Hennepin State of Minnesota RESOLUTION IMU. 2022-59 May 26, 2022 c. Park dedication shall be due for the one new lot and shall be cash -in -lieu Of land, subject to the park dedication fees adopted at the time of the final plat is released for filing. 11. Prior to release of the escrow and financial guarantee: a. The identified accessory structures in paragraphs 3f and 6 of this resolution must be removed or relocated. b. The applicant must restore and seed the site after demolition and relocation of the accessory structures. c. Lot monuments must be installed. d. Wetland buffer monuments must be installed. e. The approving resolutions, mylar and all related documents must Hennepin County and provide proof of recording to the City. be recorded at 12. Approval of the preliminary plat shall expire within one year of the date of approval unless the applicant has filed a complete application for approval of a final plat. VOTING AYE ® McKee, Tom Bottema, Jon ❑ ® Nichols, Jeremy ® Schultz, Alan ® Vehrenkamp, Dean VOTING NAY ❑ McKee, Tom ❑ Bottema, Jon ❑ Nichols, Jeremy ❑ Schultz, Alan, Jeremy ❑ Vehrenkamp, Dean Whereupon, said Resolution is hereby declared adopted on this 26th day of May, 2022. ATTEST: Jes�'yfca Beise —City Administrator To Page 4 of 5 McKee =Mayor City Seal City of Corcoran County of Hennepin State of Minnesota RESOLUTION VIU. 2022-59 ATTACHMENT A The East Three Fourths of the Northwest Quarter of Section 28, Tow AND nship May 26, 2022 9, Range 23, Lot 4, Block 2, RUSH CREEK RUN, Hennpin County, Minnesota, according to the recorded plat thereof. Page5of5