7.6. SR 09-19-1994
r! ~'\(
( ;;
!ll< River
AGENDA ITEM 7.6
MEMORANDUM
FROM:
MAYOR AND CITY COUNCIL
TROY LANGER, PLANNING INTERN J#
SEPTEMBER 19, 1994 {I ,
TO:
DATE:
SUBJECT: VARIANCE REQUEST BY CHARLIE
COMBS, PUBLIC HEARING, CASE NO.
V 94-10
INTRODUCTION
Charlie Combs has submitted an application for a twenty (20) foot variance
from the one hundred fifty (150) setback requirements for a septic system
from shore land boundary.
LOCATION
.
Lot 2, Block 1 Shores of Briarwood Subdivision, Elk River, MN.
ZONING I LAND USE
R-1a (Single Family Rural Residential) I LR (Low Density Residential)
ATTACHMENTS
Report to the Planning Commission dated August 23, 1994
BACKGROUND
Please review the staff report to the Planning Commission for further
discussion on the background related items.
REQUEST
.
The variance request would allow the proposed septic system to exceed City
setback requirements by twenty (20) feet. According to current code
requirements, on-site septic systems must be setback one-hundred fifty (150)
feet from the O.H.W. mark of a Natural Environment lake. Mr. Combs is
proposing to locate the septic system one-hundred thirty (130) feet from the
O.H.W. level.
P.O. Box 490 . 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
CC, Charlie Combs
September 19, 1994
Page 2
.
There is some question regarding the O.H.W. level indicated on the survey.
A small inlet was not indicated on the submitted survey for the Briarwood
subdivision. After visiting the site, staff is of the opinion that this body of
water, which is connected to Kliever's Marsh, is actually part of the natural
shoreline. At the time the survey was completed, it may have been a dry
year and the inlet may not have existed however, it currently exists. Staff is
measuring the setback for the septic system from the a.H.W. level of the
inlet. Because of the inlet, the property owners need the variance for the
septic system for a housing unit. If the inlet did not exist, as shown on the
submitted survey, the property owner would not need a variance for the
septic system.
The DNR has been contacted regarding the variance request and has stated
verbally that they would grant approval of the variance request and they
agree with City staff that the a.H.W. level should be measured from the
inlet. According to the DNR, if the inlet is physically connected to Kliever's
Marsh it should be considered as part of the water body and setbacks should
be measured from the a.H.W. mark of the inlet area.
.
APPLICANT'S REASON'S FOR VARIANCE REQUEST
The petitioner has addressed several reasons for the granting of a variance
from the setback requirements for a septic system. In Mr. Comb's letter he
mentions the property was purchased over two (2) years ago and if the
variance is not granted he would not be able to build on and live in this
subdivision like the other property owners in the same subdivision. Mr.
Combs also mentions that without the variance the platted lot would be
unbuildable and, as a result, would also become unsaleable. In the letter,
Mr. Combs mentions that the DNR has already given preliminary approval
for a septic system to be installed.
ANALYSIS
In review of a variance request, staff considers the five (5) criteria established
in the City Code before making a recommendation. The applicant intends to
build a house that requires a septic system. In order for the house to be
completed, they need approval of a variance for the septic system. Please
review the staff report to the Planning Commission for further discussion of
an analysis of the variance request.
.
The above mentioned lot was platted by the City in 1989 and the current
landowners purchased the parcel with the intent that it met all current city
code requirements. The current landowners started to construct a housing
cc-combs.troy
CC, Charlie Combs
September 19, 1994
Page 3
.
unit on the property when the Building Department ordered a Stop Order.
This terminated all construction until the matter of the septic system could
be resolved. The applicant is proposing to locate the septic system at the
most distant point from the shoreland setbacks. They have also proposed to
change the dimensions of the septic system to help ensure a safe distance
from the shore land. The property owners have been willing to cooperate with
staff in all ways to resolve this issue. Staff is in agreement with the property
owners that the necessary items are present to meet the qualifications for a
varIance.
PLANNING COMMISSION
The Planning Commission discussed the location of the proposed septic
system and the reason why a variance was necessary for the septic system.
Planning Commission recommended approval of the variance request by a 5-
o vote.
RECOMMENDATION
.
Staff recommends approval for a twenty (20) foot variance request for a septic
system to be located one-hundred thirty (130) feet from the O.H.W. of
Kliever's Marsh for Mr. Charlie Combs, based on the following:
1) Literal enforcement of the ordinance creates a hardship for the
property owners by prohibiting them from constructing a single-
family home on the lot.
2) The hardship caused by the shoreland issues are peculiar to this
lot and the septic system involved and are not characteristic to
other lands in the same district.
3) Literal application of the ordinance would deprive the property
owner rights enjoyed by other property owners by not allowing
them to construct a housing unit on the lot.
4) The property owner is not responsible for the development,
platting, and shore land conditions that apply to this lot.
5) Granting of the variance will not be injurious or adversely affect
the health, safety, or welfare of the residents of the City or
neighborhood wherein the property is situated.
.
cc-combs.troy
rll ~\.(
( )I
4ff1}{; River
GENnA ITEM 5.6
MEMORANDUM
~@/ftJPf
TO:
PLANNING COMMISSION
TROY LANGER, PLANNING INTERN J;-
AUGUST 23, 1994
FROM:
DATE:
SUBJECT: VARIANCE REQUEST BY CHARLIE
COMBS, PUBLIC HEARING, CASE NO.
V 94-10
INTRODUCTION
Charlie Combs has submitted an application for a twenty (20) foot variance ,
from the City Code setback requirements for a septic system from shore land
boundary.
LOCATION
.
Lot 2, Block 1 Shores of Briarwood Subdivision, Elk River, MN.
ZONING I LAND USE
R-1a (Single Family Rural Residential) / LR (Low Density Residential)
ATTACHMENTS
Location Map, Zoning Map, Site Map, City Council Minutes dated Jan. 23,
1989, Planning Commission Minutes dated Dec. 20, 1988, Letter from DNR
dated Nov. 15, 1988, Letter from Mr. Combs.
BACKGROUND
On January 23, 1989, the City Council approved the plat and associated
variances for the Shores of Briarwood plat. At the time, Mr. Ron Kuhn, the
developer for the Shores of Briarwood, was proposing a three (3) lot
subdivision to be served by on-site septic systems. Because of Kliever's
Marsh, which is designated as a Natural Environment (N.E.) lake by the
Department of Natural Resources (DNR), the proposed lots required
variances from the Shoreland Ordinance to comply with City Code. In 1989,
all structures were required to meet a two-hundred (200) foot setback from
. the Ordinary High Water Mark (O.H.W.). Variance requests were approved
P.O. Box 490 . 13065 Orono Parkway' Elk River, MN 55330 . (612) 441-7420 . Fax: (612) 441-7425
Planning Commission, Combs
August 23, 1994
Page 2
.
for Mr. Comb's house. The setback standards from the current ordinance are
one-hundred fifty (150) feet. The approved variance would allow the housing
structure to be placed up to fifty (50) feet from the O,H.W. level. A variance
for the house is not required and Mr. Combs is not seeking a variance for the
house, only the septic system which is required for the house.
Staff has reviewed the minutes from the December 20, 1988, Planning
Commission meeting and noted that one of the recommendations was to
allow the one-hundred fifty (150) foot variance, but only for the structures.
Septic systems would not be included in the variance under the definition of
structures. In the January 23, 1989, City Council minutes there is no
discussion regarding the variance being approved only for the structures or if
it included the septic systems. Staff is of the opinion that approval of the
variance does not include the septic systems. .
In a letter from the DNR dated November 15, 1988, the DNR questioned the
O.H.W. level indicated on the survey and whether it is the actual O.H.W.
level for Kliever's Marsh. The DNR also questioned whether the City should
approve a plat that would require several variances.
. REGUEST
There is some question regarding the O.H.W. level indicated on the survey.
A small inlet was not indicated on the submitted survey for the Briarwood
subdivision. After visiting the site, staff is of the opinion that this body of
water, which is connected to Kliever's Marsh, is actually part of the natural
shoreline. At the time the survey was completed, it may have been a dry
year and the inlet may not have existed however, it currently exists. Staff is
measuring the setback for the septic system from the O.H.W. level of the
inlet. Because of the inlet, the property owners need the variance for the
septic system for a housing unit. If the inlet did not exist, as shown on the
submitted survey, the property owner would not need a variance for the
septic system.
The DNR has been contacted regarding the variance request and has stated
verbally that they would grant approval of the variance request and they
agree with City staff that the O.H.W. level should be measured from the
inlet. According to the DNR, if the inlet is physically connected to Kliever's
Marsh it should be considered as part of the water body and setbacks should
be measured from the O.H.W. mark ofthe inlet area.
.
The variance request would allow the proposed septic system to exceed City
setback requirements by twenty (20) feet. According to current code
combs.troy
Planning Commission, Combs
August 23, 1994
Page 3
----.------..-------------------------------
.
requirements, on-site septic systems must be setback one-hundred fifty (150)
feet from the O.H.W. mark of a Natural Environment lake. Mr. Combs is
proposing to locate the septic system one-hundred thirty (130) feet from the
O.H.W. level.
VARIANCE REQUIREMENTS
According to City Code, in order for a variance to be granted, five (5) items
must be found:
1) That the literal enforcement of the ordinance would cause undue
(unnecessary, unavoidable, extreme) hardship.
2) The nardship caused by' special conditions and circumstances
which are peculiar to the land and structure involved and which
are not characteristics of or applicable to other lands or
structures in the same district.
3)
Literal application of the provisions of this Ordinance would
deprive the petitioner of rights enjoyed by other properties in
the same district under the terms ofthis Ordinance.
.
4) The special conditions and circumstances are not a consequence
of the petitioner's own action or inaction.
5) The variance will not be injurious to or adversely affect the
health, safety, or welfare of the residents of the City or the
neighborhood wherein the property is situated and will be in
keeping with the spirit and intent ofthe Ordinance.
APPLICANT'S REASON'S FOR VARIANCE REQUEST
The petitioner has addressed several reasons for the granting of a variance
from the setback requirements for a septic system. In Mr. Comb's letter he
mentions the property was purchased over two (2) years ago and if the
variance is not granted he would not be able to build on and live in this
subdivision like the other property owners in the same subdivision. Mr.
Combs also mentions that without the variance the platted lot would be
unbuildable and, as a result, would also become unsaleable. In the letter,
Mr. Combs mentions that the DNR has already given preliminary approval
for a septic system to be installed.
.
combs.troy
Planning Commission, Combs
August 23, 1994
Page 4
.
ANALYSIS
In review of a variance request, staff considers the above mentioned points
before making a recommendation, The applicant intends to build a house
that requires a septic system. In order for the house to be completed, they
need approval of a variance for the septic system.
The first point addresses whether literal enforcement of the code creates an
undue hardship on the property. Mr. Combs states that if literal enforcement
occurs on this lot, they would not be able to build a house. Staff agrees that
with literal enforcement of the code, it would not allow the lot to be buildable.
Since this is an approved platted lot there should be some consideration given
to the existing circumstances.
.
The second point addresses whether the hardship is caused by special
conditions that are unique to the land. The applicant states that because of
the drainage patterns, there is now a new area being considered as part of
Kliever's Marsh. Staff concurs that the situation is unique to this parcel of
land. Because of the shape of the lot, there is not adequate space for a septic
system to meet code requirements.
The third point addresses whether literal application of the ordinance would
deprive Mr. Combs of rights enjoyed by others. Mr. Combs states that other
lots in the subdivision have homes built on them and if the variance is not
granted they would not be allowed to build on their lot. Staff would agree
that if the variance were not granted, the applicant would not be able to build
a housing unit on a platted parcel of land. This lot is located in a subdivision
that has existing housing structures.
The fourth point addresses whether the special circumstances are not a
consequence of the applicants actions. The applicant states that they
purchased the lot over two (2) years ago and believed it to be a buildable lot.
Staff would agree that the current land owner is not responsible for the
platting and developing of this parcel of land or the water conditions of the
lot.
.
The last point addresses whether or not the variance will affect the health,
safety, or welfare ofthe residents of the City. The applicant states that DNR
preliminary approval has been given for a septic system. Staff would agree
that the septic system being twenty (20) feet closer to the O.H.W. would not
cause a serious threat to the environment.
combs,troy
Planning Commission, Combs
August 23, 1994
Page 5
------------------.-----------------------.-
.
The above mentioned lot was platted by the City in 1989 and the current
landowners purchased the parcel with the intent that it met all current city
code requirements. The current landowners started to construct a housing
unit on the property when the Building Department ordered a Stop Order,
This terminated all construction until the matter of the septic system could
be resolved. The applicant is proposing to locate the septic system at the
most distant point from the shoreland setbacks. They have also proposed to
change the dimensions of the septic system to help ensure a safe distance
from the shore land. The property owners have been willing to cooperate with
staff in all ways to resolve this issue. Staff is in agreement with the property
owners that the necessary items are present to meet the qualifications for a
variance.
RECOMMENDATION
Staff recommends approval for a twenty (20) foot variance request for a septic
system to be located one-hundred thirty (130) feet from the O.H.W. of
Kliever's Marsh for Mr. Charlie Combs, based on the following:
1)
Literal enforcement of the ordinance creates a hardship for the
property owners by prohibiting them from constructing a single-
family home on the lot.
.
2) The hardship caused by the shoreland issues are peculiar to this
lot and the septic system involved and are not characteristic to
other lands in the same district.
3) Literal application of the ordinance would deprive the property
owner rights enjoyed by other property owners by not allowing
them to construct a housing unit on the lot.
4) The property owner is not responsible for the development,
platting, and shore land conditions that apply to this lot.
5) Granting of the variance will not be injurious or adversely affect
the health, safety, or welfare of the residents of the City or
neighborhood wherein the property is situated.
.
combs, troy
.
~I
'"
,,<
m
'"
..,
%
.,
.
.
.
~-
City of
Elk River
LOCATION MAP
CASE: V 94-10
~..,..,.....,
...., """J" """"I'"
..... I" .......
. ;::::':~::::~: ::':::::::::: I
0\ 1..J,.... ,
. . ~ .",:......: I.
CTY PARK
,'U : I" :
p-'ii 111 :
1--, -+' ,
I I .__ ""___
.---- -
I :
I '
,
'--"j
L..
~ ,
'" ;
.
I i
''''''' .
,
l HUSlOE
R1d
hi I !
Le' I ,
: 'I :
'--, ,
, -r- /. , .__.._1
: _L- '", --------~---_. I i
'-- 'f : ,.-,..-
i
;
,
i
,
i : .. " " . on .".... ""'--
"---'t ..----------."7 ..
,
I
1\
, ..
. .~. ,
r
. ..j._.
-.'"
!R1a
: : ",'
:., .
.. .
.r ..
.
,
.j....-.---.....
r'
,
....--. --- ... 'r-'
11
ZONING MAP
~,~
~~
EJl{~RiYer
CASE V 94-10
1<-
@
..
00 l^O~" Orona p":,,,,"V . -=lk "Iye- MN ,,,~~
P.O. :Sox 4"" ....~ ....,..J .. lO..:"-"'''". .;...... I'\J. _....
/
('
\
N
. 8
.,
~ t\i
:q
-
;g 2
'J 0
~
'"
..
" ..
. ~
~
.S :s;:.
.... .~
~
.
,.
. <
8
"
~
LOCATION OF HOUSE
'INLET AREA
~ 28'
~/.'27'rE
,
,
~
o::::__~
~
~
~
~
~ ]~
8~
Q 2'0.
o CJo.,N
C"-"J
~ ~cJ:
~~~
-0::
lu 'OlI"l .
~"!
\ ~=L'l
...... =0.,
;:-.. -;;V)= .>.1
~ ~~o ~ 't'
it;' J ;; I (;A~;';
8:~ ' ~ S -;0'
~ ~'\~ '~~ "/~NI'03'42'E
';! Q.. H 8;'-44'~-4~ E "'. 20 46
t\l 2'-'!!. I'''~- .-" ~,_ _ ;;1853,00 leel 01
'" 8;'44"'H.C ::)0 "-Wes.t l,fIe 01 the E- S E. 11-4. Set. 2.
IJO '77 ~ 3Qo. I.. 1.OJ~~ 1he S.E. 1/4 01 lhe, . . _
~-7.0I ... l/75TH AVE. N.W.- 88 _: ~-'-'''''~~(''''JS:'::P :--:;),':,[): ~
, :--N 8 '41'4~CE...., 445. - , ...
3
'<l:
,0, iO
~;
i--
CJ
~
~
\.)
We51 Line or Ine S.L 114 0[""'-\
1M- S.E. 114, Set. 2.
---
SITE MAP
i) ~
.~
Ell?rRiver
CASE V 94-10
'!-
~
IQ3/
? O. Box 490 . 13065 Oror.o ?:.r:.::;.:av . . ..._
,,-
.
.
.
Page 4
Elk River Ciry Council Meeting
Janaury 23, 1989
Vice Mayor Schuldr closed rhe public hearing.
COUNCILMEMBER HOLMGREN MOVED TO TABLE THE
COMMISSION TO CONSIDER THE REDESIGNED SIGN.
THE MOTION. THE MOTON CARRIED 4-0;
REQUEST TO ALLOW THE PLANNING
COUNCILMEMBER DOBEL SECONDED
5.3. Merropoliran Gravel/Conditional Use Permit/Public Hearing
This irem was delayed unril the end of the meeting as rhere was no one
presenr represenring Merropliran Gravel.
Mayor Tralle arrived ar this time (7:50 p.m.)
5.5. Preliminary Plar Review and Associated Variances/Shores of Briarwood
Ron Kuhn
Mayor Tralle indicated that rhe major requests for the plat are variances
for the lot sizes. The Ciry's definition of lot area states that no area
occupied by rivers, streams, lakes or any area one aCre or larger
classified as a US Army Corp of Engineers type 3, 4, or 5 wer land can be
included in lot area. As Kliever's Marsh is classified as a lake in the
Ordinance, no lot area Can include any portion of Kliever's Marsh below
the ordinanry high water mark.
Planning
Planning
that rhe
eliminate
Commission representative Arlon Fuchs indicated that the
Commission recommended denial of rhe variances and requested
plat be divided inro rhree lors instead of four so as to
rhe need for lot size variances.
Steve Bjork, Zoning Assistant, also indicared that Mr. Kuhn is requesting
variances to the setback from the ordinary high water mark. The DNR
setback requirement is a 200 foot setback from rhe ordinary high water
mark to structures for lots rhat abut an environmental lake. Mr. Kuhn is
requesting a 150 foot encroachment on all four lors due to the irregular
shape of Kliever's Marsh and the limitations rhis purs on the locarion of
housing sires.
Mayor Tralle opened the public hearing.
Mr. Ron Langbehn of 10675 175rh Ave. No. indicared thar the increased
popularion on the road would cause the need for upgrading. He quesrioned
who would pay for this. He further questioned wherher an arm for the
railroad crossing would be necessary and who would pay for this. Mr.
Langbehn indicared rhat the lights from rhe vehicles using the road would
shine in his bedroom window and questioned whether the road could be
graded so as to prevent this.
Mayor Tralle closed the public hearing.
.
.
.
Page 5
Elk River City Council Meeting
Janaury 23, 1989
Ron Kuhn
hardship
Kliever's
indicated
created by
Marsh.
that the lot size variances were necessary due to a
the irregular shape of the property caused by
COUNCILMEMBER KROPUENSKE MOVED TO (A) DENY THE LOT SIZE VARIANCES FOR TIlE
FOUR LOTS; (B) TO APPROVE THE VARIANCES ALLOWING 150 FT. SETBACK
ENCROACHMENTS TO THE ORDINARY HIGH WATER MARK; AND (C) TO APPROVE TIlE
PRELIMINARY PLAT FOR THE SHORES OF BRIARWOOD PLAT OF 3 LOTS WITH TIlE
FOLLOWING STIPULATIONS:
1. THAT THE DEVELOPER PAY $400 IN PARK DEDICATION FEES FOR THE
TWO ADDITIONAL BUILDING SITES.
2. THAT THE DEVELOPER PROVIDE ENGINEERING DETAILS FOR THE DRIVEWAY TO
ACCESS LOT 1. BLOCK 1, PIUOR TO CONSTRUCTING IT. . FURTHER. THAT BOTH
CITY STAFF AND BILL' HARJU APPROVE THE PLANS 'FOR SAID DRIVEWAY. '
3. THAT THE SPECIFIC PLANS AND SPECS FOR THE PROPOSED ROAD BE APPROVED
BY -TERRY MAURER.'
4. THAT THE DEVELOPER REIMBURSE THE CITY FOR THE COST OF REVIEWING THIS
PLAT PRIOR 'TO THE COUNCIL ACTING ON FINAL PLAT REVIEW~
5. THAT THERE liE A ONE YEAR COMPLETION DATE FROM THE DATE OF FINAL PLAT
APPROVAL FOR THE' COMPLETION OF,'IMPROVEMENTS, ASSOCIATED'WITH THIS
PLAT.
6. THAT THE COST OF THE IMPROVEMENTS IN THIS PLAT BE COVERED 100% BY
LETI'ER OF CREDIT . ALSO. THAT ONCE THE IMPROVEMENTS ARE ACCEPTED.
THAT A 25% WARRANTY BOND BE POSTED BY THE DEVELOPER IN FAVOR OF THE
CITY FOR A ONE YEAR PERIOD.
7. THAT NO BUILDING PERMITS FOR LOTS WITHIN THIS PLAT BE GRANTED UNTIL
THE ROAD IS CLASS FIVED AND ACCEPTED BY THE CITY ENGINEER.
8. THAT FUTURE ACCESS TO LANDS ADJACENT TO THIS PLAT BE ACCOMPLISHED BY
HAVING THE RIGHT-OF-WAY OF THE CUL-DE-SAC IN THE PLAT ABUT THE
WESTERN BOUNDA.ll.Y OF THE PLAT FOR AT LEAST 60 FEET IN WIDTH.
9. THAT THE LOWEST FLOOR ELEVATION FOR STRUCTURES WITHIN THE PLAT BE AS
PROPOSED ON THE PRELIMINARY PLAT.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION.
Councilmember Kropuenske indicated that his reason for approval of the
variance to the setbacks for the Ordinary High Water Mark is that the
building sites are sufficiently high and that Kliever's Marsh would
overflow 175th Avenue to the county ditch south of that road before it
would flood the proposed houses in the plat. He further indicated that
the adjacent three lots to this plat have been granted similar variances.
.
.
.
Page 6
Planning Commission Minutes
12/20/88
--------------------------
COMMISSIONER FUCHS MOVED TO RECOMMEND TO THE CITY COUNCIL DENIAL OF THE
VARIANCE REQUEST BY SECURITY FINANCIAL BECAUSE THIS WOULD BE SETI'ING A
PRECEDENCE. COMMI SSION KIMBALL SECONDED THE MOTION. TRE MOTION CARRIED
4-1-1. COMMISSIONER OLSEN VOTING NAYAND'CHAIRHAN KROPUENSKE ABSTAINING
FROM THE VOTE.
8. & 9. Variances and Preliminary Plat Review for "Shores of Briarwood" by
Ron Kuhn/Public Hearing
Chairman Kropuenske opened the public hearing.
Dennis Chuba was in favor of the request.
Steve Roblf explained that he had received a call from Ron Langbehn
explaining he was against the 'variance regarding lot size. Chairman
Kropuenske also noted that the City had received a letter from Jim Kline
regarding his concerns with the plat.
Jim Kline of 10528 175th Avenue
ownership of a strip of land he owned.
to see this issue settled before this
indicated there was a problem
Mr. Kline indicated he would
was approved.
with
like
Chairman Kropuenske closed the public hearing.
Chairman Kropuenske indicated that he would
ownership of the strip of land included in the
issue goes to Council. Chairman Kropuenske
reg2..rding this issue.
also like to see the
plat settled before this
felt we were being used
Commissioner Fuchs would like to see three lots instead of four. Three
lots would eliminate the need for several of the variances.
COMMISSIONER FUCHS MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE
PRELIMINARY PLAT FOR "SHORES OF BRIARWOOD" WITH LOTS 2, 3, AND 4 TO BE
DIVIDED INTO TWO. LOTS. ALL LOTS BE IN COMPLIANCES WITH THE NECESSARY
ACREAGE, THUS ELIMINATING THE NEED FOR THE MINIMUM LOT SIZE VARIANCES.
THE FOLLOWING STIPULATIONS WERE ALSO RECOMMENDED:
1. THAT $400 IN PARK DEDICATION FEE BE PAID FOR THE TWO ADDITIONAL
BUILDING SITES CREATED WITHIN THE PLAT.
2. THAT THE DEVELOPER REDUCE THE DRIVEWAY FOR THE FLAG SHAPED LOT THAT
CONNECTS LOT 1, BLOCK 1 TO THE CUL-DE-SAC TO 40 FT. IN WIDTH. ALSO,
THAT THE DRIVEWAY ON THAT 40 FT. FLAG SHAPED LOT BE REQUIRED TO
HAVE ENGINEERING TO ASSURE THAT EROSION PROBLEMS DO NOT OCCUR.
3. THAT THE DEVELOPER REIMBURSE THE CITY FOR THE COST OF REVIEWING THIS
rLAT PRIOR TO THE COUNCIL ACTING ON'FINAL PLAT REVIEW.
Page 7
.
Planning Commission Minutes
12/20/88
4. TllAT 'TIlER!! BE A ONE YEAR COMPLETION DATE FROM THE DATE OF FINAL PLAT
APPROVAL FOR THE COMPLETION OF THE IMPROVEMENTS ASSOCIATED W~TH THIS
PLAT.
5. THAT THE COST OF THE IMPROVEMENTS IN THIS PLAT BE COVERED BY A
LETTER OF CREDIT TO COVER 100% OF THE COST OF THOSE IMPROVEMENTS.
ALSO, THAT ONCE THE IMPROVEMENT S ARE ACCEPTED. A 25% WARRANTY BOND
BE POSTED BY THE DEVELOPER IN FAVOR OF THE CITY FOR A ONE YEAR
PERIOD.
6. THE AMOUNT THE DEVELOPER PAY THE CITY FOR THIS FIRST SEAL COJcrING BE
REDUCED TO $700 DOLLARS.
7 . THE FUTURE ACCESS TO LAND S ADJ ACENT TO THI S PLAT WILL BE
ACCOMPLISHED BY HAVING THE RIGHT-OF-WAY TO ,POLK STREET ABOTT THE
WESTERN BOUNDARY OF THIS PLAT FOR 'AT LEAST 60 FT. IN WIDTH.
8. NQ BUILDING PERMITS BE GRANTED UNTIL THE ROAD HAS CLASS 5 ACCEPTED
THE CITY.
.
9. THAT THE THREE LOTS IN THE PLAT BE GRANTED VARIANCES OF 150 FT. FROM
'rnI 200 fT. SI'I'!kCK' REQUIREMENT FOR NATURAL ENVIRONMENTAL LAKES BY
THE DNR. THIS IS FOR THE STRUCTtJRJ;S ,ONLY.'
COMMISSIONER JOHNSON SECONDED THE MOTION. THE MOTION CARRIED 6--0.
10.
Site Plan Review (24 Unit Apartment) by Gary Santwire
Steven Bjork. Zoning Assistant. explained that Gary Santwire is
requesting a site plan reveiw for a 24 unit apartment in Barrington
Place. Mr. Bjork reviewed the site plan issues as outlined in staff's
memo. Mr. Bjork explained since the apartments have already been
approved, the Planning Commission will only be reviewing site plan
issues.
Gary Santwire was in attendance to address the off street parking issue
and agreed with all stipualtions as outlined in staff's memo except for
parking. Mr. Santwire indicated they were proposing 24 enclosed stalls
and 24 open stalls. The project is proposing a play area in lieu of the
additional twelve parking stalls.
COMMISSIONER FUCHS MOVED TO APPROVE THE SITE PLAN REVIEW FOR 24 UNIT
APARTMENT COMPLEX BY GARY SANI'WIRE WITS THE STIPULATIONS AS SET FORTTH IN
STAFF'S MEMO WITH THE ADDITIONAL STIPULATION:
1. THE APRTMENT COMPLEX MUST PROVIDE 24 ENCLOSED AND 28 OPEN OFF STREET
PARKING STALLS AND THE PLAY A:U.A AS PROPOSED.
. COMMISSIONER OLSEN SECONDED THE MOTION. THE MOTION CARRIED 6-0.
~ STATE r
INJCR:Q~~@U'%
I DEPARTMENT
OF NATURAL
DIVISION OF WATERS
P. O. Box 370
St. Cloud, ~N 56302
(612)255-427B
RESOURCES
. PHONE NO.
FILE NO,
November 15, 1988
fi'F f~ r-, .
.- ~ ,... 11./_ ,. .
St~ve Rohlf, Zoning Administrator
City of Elk Riv~r
720 Dodg~ Ave. N.W.
Elk River, MN 55330
;f:{.~,
'..,)
Dear St~ve:
CO~IlENTS ON PROPOSED 'SHORES OF BRIARWOOD' PLAT, KLIEVER'S MARSH (71-3W)
I hav~ reviewed the above mentioned pr~liminary plat and I have the following
comments:
.
This proposed four lot subdivision is located on the west side of Kliever's
Marsh. Kliever's Marsh is classified by the DNR as a Hatural Environment (HE)
Lake. In accordance with the requirements of the Elk River Shoreland Ordinance
the minimum State Shoreland Management requirements must be met. These standards
require a lot size of at least 80,000 square feet (City Rl-A District requires
2.5 acres), and a lot width of at least 200 feet at the shoreline and building
line. In addition, any structures built on this Marsh must be set back at least
200 feet from the Ordinary High Water (OHW) mark, and sewer systems must be set
back at least 150 feet.
The surveyor's notes indicate that all four lots contain over two acres of area,
but all of the lots in Block 2 contain at least some lakebed area. The
preliminary plat does not indicate the OHW elevation, but does show a waterline
that apparently is the basis for the septic setback shown. Unfortunately, the
DNR has no OHW elevation information available for this lake. State Rules
require that the lot size requirement be met with land located above the OHW
elevation. I question whether the water line shown on the plat is in fact the
OHW line and therefore whether all of these lots meet the lot size requirements.
The only way to resolve this question would be to have either City or DNR staff
estimate the proper OHW level for Kliever Marsh. OHW level is defined by law as
the highest level a water body is at long enough to leave recoverable evidence on
the landscape. Usually this correlates to a tree line around a basin. If it is
found that the OHW is higher than indicated, some of the proposed lots (probably
lots 2 & 3, bk 2) may not meet lot size requirements.
.
All three lots in Block 2 are shaped so that it is impossible to meet all setback
requirements. And, depending on the exact location of the OHW line it may not be
possible to even meet sewage system setbacks. I am very concerned about
approving a plat like this where several variances would also be required. I
suggest the City look at the variance question before they consider the plat.
While it could be argued that due to the unusual shape of the property some
variances are warranted, I feel that the number of variances needed for this
proposal is excessive. The City should require the developer to modify the
proposal to at least reduce the number of variances needed.
AN EQUAL OPPORTUNITY EMPLOYER
~@>
.
Briarvood
Page 2.
I note that lot I, Block 2 contains a long narrow access strip (60' X 550') that
would probably serve as a driveway for the lot. Air photos and the plat indicate
that this narrow area is very steeply sloped (over l6Y.) and heavily wooded. I am
concerned that construction of a drivevay in this area could cause erosion and
result in fill falling into the lake. Any road construction in this area would
have to be very carefully done. Should the City decide to approve this lot
configuration, I urge you to require that any such road be designed by an
engineer or soils specialist (such as SCS) to prevent such erosion.
Thank you for your consideration of my comments. Please keep me advised as to
what action the City takes on this proposal.
Sincerely;
---------.
Vd~~
Dale E. Homuth
Area Hydrologist
. DEH
c: Dave Hills, Regional Hydrologist
St. Paul, Waters
.
AUG 15 '94 11:40A~ AT&T 9015rr
n ~,,--,
1.1....1...
=t,n.i
r;RUI'F"~It;HAFm wr.
14'.S Ironwood Court. t=.del'l prelfle. Mlnne:tOII ~6
.
.
.
18'2) &37.5050
August 12. 1994
Mr. Gary Schmit,
eiLy of Elk River
lJe66 OrO~D ~ork~~y
Flk Rlv~r, KN 55339
Reo Variance for Lot Z. Blo~k 1
Shor@A of 9~1~r~ood
17595 Polk St.
Dear Gary.
1 dl,,1 2. !.lithollC the variance Lhe platted lot uould be
unbulJdable. Th~ lot ~a. purcha=ed ~nd p~ld for over 2
years ago. and Jf unbuildable. It uould "l~n ho~n~o
ulfselellble.
3. As a nlatten Int, the nou nuno. unulrl h. ',1nable to build
on .",j live in Chis subdivision Uke the other property
ouners in the s~me subdivision.
4. Ihls probiem is a resuie of tlu drainage area. in the
pftst u~uelly ~ d~y ar~a. "OW being con~idered es p~rt of
~l@~vpr', ~~r~.1. Thu. not alloul"9 for any coptic location
to be permitted on the property upon site inspection.
~. nNR ~r_l fm(n~ry ~~prov~l h~~ b~@n glv@n fo~ a ~.ptie
system to be installed accordlnq to the varIance requested.