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HomeMy WebLinkAbout2013-07-17 PACKET 04.K.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 7/17/13 . 0 PREPARED BY: Community Development Jennifer Levitt ORIGINATING DEPARTMENT STAFF AUTHOR ****�********�*****�************�*************** COUNCIL ACTION REQUEST Consider approving a variance to the 180-foot minimum lot width and maximum lot depth limitation, approve the conditional use permit application transferring development rights and approving the minor subdivision (a rural division of a single parcel of land into two separate parcels) application on property located north of 70th Street (CSAH 20) and approximately one-half mile west of Manning Avenue (State Highway 95). STAFF RECOMMENDATION: Adopt the resolution approving the variance to the 180-foot minimum lot width and maximum lot depth limitation, approve the conditional use permit application transferring development rights and approving the minor subdivision (a rural division of a single parcel of land into two separate parcels) application. ADVISORY COMMISSION ACTION '�,►/ . . SUPPORTING DOCUMENTS DATE REVIEWED APPROVED DENIED 6/24/13 ❑ � ❑ � MEMO/LETTER: Memo from John McCool dated 7/3/13 � RESOLUTION: Draft ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: � OTHER: Excerpt from unapproved 6/24/13 Planning Commission meeting ADMINISTRATOR'S COMMENTS: � f Date ***********************�**�********************* COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER Cottage � Grove � Pride anaP�OSPerity Meet TO: Mayor and Members of the City Council Ryan Schroeder, City Administrator FROM: John McCool, Senior Planner DATE: July 3, 2013 RE: David and Nikki Borner Planning Applications — Southwest Quarter of Section 1 Proposal David and Nikki Borner have applied for the following applications: 1) Variance to the 180-foot minimum lot width and maximum lot depth limitation. 2) Conditional use permit transferring development rights. 3) Minor subdivision (a rural division of a single parcel of land into two separate parcels). The property owner, Richard Borner, 9017 Lamar Avenue, provided his consent for the appli- cants to file these applications. The applicant's proposal is to subdivide this 41.68-acre parcel of land into 5.00 and 36.68 acre parcels and to construct a new residential dwelling on the five- acre parcel. Agricultural uses will continue on the 36.68-acre parcel. The property is located north of 70th Street (CSAH 20) and approximately one-half mile west of Manning Avenue (State Highway 95). A location map is shown below. Location Map Honorable Mayor, City Council Members and Ryan Schroeder Borner Planning Applications — SW Quarter of Section 1 July 3, 2013 Page 2 of 7 Planning Commission Review The Planning Commission held a public hearing on June 24, 2013. Mr. Borner attended the meeting. No written or oral testimony was received at the public hearing nor did anyone speak against these applications. The Planning Commission supported the variance applications to the minimum lot width and depth regulations, conditional use permit transferring density and minor subdivision (simple lot division) applications and unanimously (7-to-0 vote) recommended to the City Council that the these planning applications be approved. The findings of facts and conditions documented in the Planning Staff Report were included in the attached draft resolution. An excerpt from the Planning Commission's unapproved minutes is attached. Planning Considerations Ordinance Regulations The easterly three-quarters of the proposed five acre parcel is zoned AG-1, Agricultural Preserve and the westerly one-quarter is zoned R-1, Rural Residential. The AG-1 District was established to preserve, promote, maintain, and enhance agricultural uses on land for long-term agricultural purposes. This District represents areas where services required for urban development will not be available within at least ten years. The property owner does not participate in the Agricultural Preserve Program. As a permitted use in the AG-1 District, one single-family detached dwelling is allowed for each 40 acres. Constructing a house on the five-acre parcel could be allowed if the development rights for the 36.68-acre parcel are transferred to the five-acre parcel and the larger parcel is re- stricted so as not to allow another residential dwelling. The restriction on the larger parcel would expire upon the rezoning of the property from agricultural to another zoning classification that allows more density. To accommodate this density transfer, the Zoning Ordinance requires City approval of a conditional use (Title 11, Chapter 8A, Section 4). The development standards for a single-family use within the AG-1 District require a 1.5-acre minimum lot area and a 180-foot minimum lot width. Lot width is defined as the maximum dis- tance between the side lot lines that is measured parallel to front lot line at the minimum front yard setback line. This particular application is unique in the sense that the proposed five-acre parcel is located in the northwest corner of the 41.68-acre parcel, which is approximately 950 feet north of 70th Street. A 60-foot wide strip of land between 70th Street and the proposed rural acreage parcel will provide the necessary access to 70th Street. This 60-foot strip of land is part of the five-acre parcel. Because the 180-foot minimum lot width requirement is not complied with, the applicant has filed a variance application to have a 60-foot lot width. City ordinance Title 11, Chapter 8A, Section 2(6)(B) limits the lot depth of any new parcel of land not to be greater than three times its width. Since the applicant is proposing a 60-foot width, the maximum depth of the proposed lot would be 180 feet. The proposed lot split provides for a 60- foot by 950-foot strip of land that connects to a rectangular shaped area that is about 372.53 feet by 431.62 feet. The lot depth is therefore greater than three times its width, and for this reason the applicant is requesting a variance to this requirement. Honorable Mayor, City Council Members and Ryan Schroeder Borner Planning Applications — SW Quarter of Section 1 July 3, 2013 Page 3 of 7 The City Council may grant variances from the strict application of the zoning ordinance and can impose conditions and safeguards on the variance in cases where it has been demonstrated there are practical difficulties or particular hardships in carrying out the strict letter of the regula- tions. In accordance with the City ordinance, a variance may be granted provided that all the following conditions are true: 1. The particular physical surroundings, shape or topographical conditions of the specific parcel of land involved cause a particular hardship to the owner, as distinguished from a mere inconvenience, if the strict letter of the regulation were to be carried out. There are unique conditions that apply to the structure or land in question that do not apply generally to other structures or land in the same zoning district. 2. 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 not generally applicable to other property within the same zoning classification. 3. The alleged difficulty or hardship must be caused by this article and not by any person presently having an interest in the parcel of land. 4. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. Property Characteristics The 41.68-acre parcel (PIN 01-027-21-34-0001) has 1,332.69 feet of frontage along 70th Street. The parcel is currently used a farmland and there are no buildings on the property. The topo- graphy of the property gently slopes from the north to the south. The 2009 aerial photograph shows the property and properties surrounding the site. 2009 Aerial Honorable Mayor, City Council Members and Ryan Schroeder Borner Planning Applications — SW Quarter of Section 1 July 3, 2013 Page 4 of 7 A sketch showing the proposed lot split was provided with the application. This sketch also in- cluded the legal description of the original taxing parcel and the proposed legal description for each of the two parcels that will be created if approved by the City. A copy of this sketch is attached as Exhibit A. Comprehensive Plan The future land use designation for this property and properties north, east, and south of this site is "agricultural." The area west of the site has a"rural" future land use designation. Rural residential properties are typically outside the Metropolitan Urban Service Area (MUSA) and typically have an individual sanitary treatment systems (ISTS) and private wells. The Compre- hensive Plan states that urban services (sanitary sewer and water) are not planned to be ex- tended to this area until post 2030. This application complies with the Future Vision 2030 Com- prehensive Plan. A copy of the future land use designations for the subject property and properties surrounding the site is shown below. - --- --- 1 i Cottage Grove Future Land Use 2030 end � City boundary � ROW_LINES � ROW LINES Mississippi river Ag riculf u ral � Rural Residential Low Density Residential Med Density Residential � High Denslty Residential ; . Mixed Use ` Com me rcial � Industrial Transition Planning Area Parks/Private Open Spac Gdf Course Mississippi River TH S� (C.S.A.H � � � -- Excerpt from Future Land Use Map (Figure 2-6 of the 2030 Future Land Use Map) Transportation Access and Right-of-Way The south boundary line of the 41.68-acre parcel is the south section line of Section 1. A public roadway easement 50 feet in width and paralleling the south boundary line of this property ex- ists along the entire width of the parcel. Another 50-foot wide easement exists on the south side of the road, thus providing a total right-of-way width of 100 feet. Honorable Mayor, City Council Members and Ryan Schroeder Borner Planning Applications — SW Quarter of Section 1 July 3, 2013 Page 5 of 7 This segment of 70th Street is under Washington County's jurisdiction. The County is responsi- ble for maintaining this roadway and any future improvements. The Transportation Plan in Washington County's 2030 Comprehensive Plan identifies this segment of 70th Street as a minor arterial. A minor arterial roadway generally has a 150-foot minimum right-of-way width and is typically a three-lane undivided roadway. To complete the right-of-way needs for the north one-half of this road, the property owner will be required to grant a right-of-way easement 25 feet in width along the north side of the existing Highway Easement described in Book 257, Page 589. This existing right-of-way easement is 50 feet wide and is along the south boundary line of the 41.69 acre parcel. State statutes provide municipalities and counties the opportunity to condition their approval of subdividing property for the public good. In this particular case, the preservation of right-of-way for future improvements is a reasonable requirement since it is anticipated that future growth in this area will necessitate the reconstruction and widening of roadways to meet future capacity and connectivity demands. If in the future the proposed 60-foot wide strip of land that will provide a private access drive between the proposed new house and 70th Street is dedicated as public right-of-way, any ad- joining property owner abutting this right-of-way will potentially have the right to access this pub- lic right-of-way. The City will not accept this dedicated right-of-way or maintain the roadway unless the construction of a public roadway meets city standards. Utilities City urban services are currently not available in this area. Sanitary sewer and water services are not available for this property until a new trunk sanitary sewer and watermain is constructed in the future. The proposed construction of a single-family house on the five-area parcel will re- quire the property owner to provide soil borings, percolation test results, site plan, and septic/ drainfield design to the Washington County Health Department. The County's approval of the septic system must be decided before a building permit is issued. The property owner will be re- sponsible for contacting all other private utilities (e.g.; phone, cable, electricity, gas, etc.) for the construction of other private utilities that are needed to serve this property. Park Dedication The City's Subdivision Ordinance generally allows the City with the ability to require the dedica- tion of land up to 10 percent of the property for public parkland purposes. If no land dedication is required, a cash payment in lieu of land dedication is required. The City's Future Parks and Open Space element of the Future Vision 2030 Comprehensive Plan does not show any future park, public open space, or trail system on the subject property. For this reason, it is required that the property owner pay a park fee that is equivalent to one residential unit for the proposed five-acre parcel. The 2013 park fee in lieu of land dedication is $3,200 per unit. Stormwater Area Charge City ordinance Title 8, Chapter 1, Section 2(C)(2) requires payment of a stormwater area charge because City approval is required for creating this new residential lot. City water and sanitary sewer area charges are not required to be paid for this property at this time because these utili- ties are not currently available in this area of the community. Honorable Mayor, City Council Members and Ryan Schroeder Borner Planning Applications — SW Quarter of Section 1 July 3, 2013 Page 6 of 7 The 2013 stormwater area charge rate for rural estate property is $5,095.00 per acre and $7,296.00 per acre for agricultural property. City ordinance does exclude from the computation the acreage for major highway right-of-way. For this reason and because it is recommended that an additional 25 feet of land be dedicated to Washington County for public right-of-way for 70th Street (CSAH 20), the 0.1 of an acre of land to be dedicated for public right-of-way will be sub- tracted from the gross land area for the five-acre parcel. The westerly one-quarter of the proposed five-acre parcel is zoned R-1 and the easterly three- quarters is zoned AG-1. For this reason, the stormwater area charge rate for the two land use classifications were calculated as shown in the table below: ZONING DISTRICT 2013 STORMWATER qCREAGE AMOUNT AREA CHARGE RATE R-1 District $5,095.00/acre 1.28 acres $6,521.60 AG-1 District $7,296.00/acre 3.72 acres $27,141.12 Sub-total 5.00 acres $33,662.72 70th Street R/W Credit $7,296.00/acre 0.10 acre $729.60 TOTAL 4.9 net acres $32,933.12 As approved by the City Council in the past for similar rural and agricultural lot splits, the City only collected the stormwater area charge for one equivalent residential unit. Payment for the remaining half of the five-acre parcel is deferred until future development on the property oc- curs. Since a rural estate parcel is required to have a minimum of 1.5 acres of land, the number of rural acreage lots that could be created on the 3.72 acre rectangular parcel in the northwest corner of this property is two lots. For this reason, it will be recommended to the City Council that the applicant pay a minimum of $16,466.56. This amount will be deducted from the 4.9 net acreage (5.00 gross area minus 0.1 acre for 70th Street right-of-way) for this newly created par- cel if it is subdivided in the future. Future development of the 36.68-acre parcel may require payment of other development fees and charges in the future. The City's consulting engineer has reviewed Washington County's contour map to evaluate any potential drainage issues that should be addressed. In a preliminary review and based on con- tours, it did not appear there are any identifiable stormwater conveyances across the proposed lot split. It was determined that the parcel is located at the base of a hill with drainage from the north and west flowing onto the site. To determine if any drainage easements are necessary to convey drainage from other properties onto or across the subject property, additional informa- tion from the applicant is needed to determine how they will propose to direct off-site flows. It might be necessary for the property owner to dedicate certain drainage easements to address this issue. As a condition of approval and if the City Engineer determines that certain drainage easements are necessary, then the property owner will be required to dedicated said drainage easements. Attached is an illustration showing the proposed Borner lot split and the drainage area to the lot split parcel. Honorable Mayor, City Council Members and Ryan Schroeder Borner Planning Applications — SW Quarter of Section 1 July 3, 2013 Page 7 of 7 Public Hearing Notices Public hearing notices were mailed on June 13, 2013, to property owners within 500 feet of the proposed rural subdivision. The public hearing notice was published in the South Washington County Bulletin on June 12, 2013. Recommendations That the City Council accepts the Planning Commission's recommendation to grant a variance to the 180-foot minimum lot width and maximum lot depth limitation, approve the conditional use permit application transferring development rights and approving the minor subdivision (a rural division of a single parcel of land into two separate parcels) application. The findings of facts and conditions recommended by the Planning Commission are included in the attached resolution. All three planning applications as described above were incorporated in the draft resolution. City Council's adoption of this draft resolution approves all three planning applications as recommended by the Planning Commission. Only one motion is necessary. RESOLUTION NO. 2013-XXX A RESOLUTION GRANTING A MINOR SUBDIVISION TO SUBDIVIDE A 41.68-ACRE PARCEL OF LAND; A CONDITIONAL USE PERMIT FOR A DENSITY TRANSFER; AND VARIANCES TO THE 180-FOOT MINIMUM LOT WIDTH AND MAXIMUM LOT DEPTH LIMITATON ON PROPERTY LOCATED NORTH OF 70TH STREET (CSAH2O) AND APPROXIMATELY A HA�F-MILE WEST OF MANNING AVENUE (STATE HIGHWAY 95) WHEREAS, David and Nikki Borner applied for a minor subdivision to subdivide a 41.68-acre parcel of land into 5.00 and 36.68 acres; a conditional use permit transferring development rights to allow construction of a home on the 5.00-acre parcel; and variances to the 180-foot minimum lot width and the maximum lot depth limitation, on the property legally described below. The applicant's proposal is to construct a new residential dwelling on the five- acre parcel. Agricultural uses will continue on the 36.68-acre parcel. The Southeast Quarter of the Southwest Quarter (SE1/4 of SW1/4) of Section One (1), Township Twenty-seven (27) North, Range Twenty-one (21) West, in the City of Cottage Grove, Washington County, Minnesota; Together with the East 150.0 feet of the Southwest Quarter of the Southwest Quarter (SW1/4 of SW1/4) of said Section One (1), excepting therefrom the South 950.0 feet thereof. Containing in all, 41.687 acres, more or less, subject to the right-of-way of County Highway No. 20. WHEREAS, the Planning Commission reviewed this application at their meeting on June 24, 2013; and WHEREAS, a planning staff report which detailed specific information about the property and the variance application was prepared and presented; and WHEREAS, the Planning Commission reviewed the variance criteria and findings of facts established by the Zoning Ordinance for granting a variance; and WHEREAS, public hearing notices were mailed to property owners within 500 feet of the property and a public hearing notice was published in the South Washington County Bulletin; and WHEREAS, the public hearing was open for public testimony. The applicant attended the public hearing. No other public testimony was received; and WHEREAS, the Planning Commission unanimously (7-to-0 vote) recommended to the City Council that the variance be granted based on the findings of fact and subject to the conditions listed in the Planning Staff Report; and NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Cottage Grove, Washington County, Minnesota, hereby grants a minor subdivision to subdivide a 41.68-acre parcel of land into 5.00 and 36.68 acres; a conditional use permit transferring development rights to allow construction of a home on the 5.00-acre parcel; and variances to the 180-foot Resolution No. 2013-XXX Page 2 of 3 minimum lot width and the maximum lot depth limitation, on property legally described above. The applicant's proposal is to construct a new residential dwelling on the five-acre parcel. Agricultural uses will continue on the 36.68-acre parcel. Granting the variances is based upon the following findings of fact: A. The construction of a single-family dwelling on the five-acre parcel will comply with all the minimum setback requirements for the AG-1 and R-1 Districts, which are the zoning classifications that bisect this property. B. The requested variances are not specifically addressed in the City's Future Vision 2030 Comprehensive Plan, but its residential characteristics are consistent with the rural residential and agricultural land use designations for this property. C. The purpose of the variance is not based exclusively upon a financial hardship. D. Granting this variance should not be detrimental to the public welfare or injurious to other landowners in this vicinity. The proposed residential structure on the five-acre parcel will not impair an adequate supply of light and air to adjacent properties. It will not create congestion in the public streets, become a fire danger, or endanger the public's safety. BE IT FURTHER RESOLVED, the recommendation for approval of the minor subdivision, conditional use permit, and variances is subject to the following conditions: 1. The stormwater area charge in the amount of $16,466.56 for one equivalent rural residential unit is paid to the City of Cottage Grove. Payment must be made to the City before a building permit is issued for the five-acre parcel. 2. If the property owner of the five-acre parcel further subdivides the parcel in the future, then the $16,466.56 stormwater area charge amount will be credited toward the total amount required to be paid on five gross acres based on the stormwater area charge rate that is established by City resolution or ordinance. 3. Payment of sanitary sewer and water area charges for one equivalent residential unit will be paid in the future if sanitary sewer and water utilities are provided to the five-acre parcel. 4. If the property owner of the 36.68-acre parcel subdivides their parcel in the future, then payment of the stormwater, water, and/or sanitary sewer area charges that are in effect at the time the property is requested to be subdivided must be paid to the City of Cottage Grove. 5. The park fee in lieu of land dedication amounting to $3,200.00 for one equivalent residential unit on the five-acre parcel must be paid to the City before a building permit for the five-acre parcel can be issued. 6. All applicable permits (i.e.; building, electrical, grading, and mechanical) for the construction of a house on the five-acre parcel must be completed, submitted, Resolution No. 2013-XXX Page3of3 and approved by the City before any construction activities begin. Detailed construction plans must be reviewed and approved by the Building Official and Fire Marshal. 7. The property owner shall obtain a Washington County Access Permit for the private access drive connection to 70th Street (CSAH 20) before any excavation or construction can begin. 8. A permanent right-of-way easement 25 feet in width that is north and parallel to the 50-foot wide Highway Easement as recorded in Book 257, Page 589 must be granted to Washington County. Granting this permanent right-of-way easement must be recorded at Washington County before a building permit is issued for the five-acre parcel. 9. The private access drive for the five-acre parcel must be hard surfaced with asphalt or concrete between the 70th Street pavement edge and a minimum distance of 55 feet to the north. 10. If the City Engineer determines that a drainage easement(s) is necessary for purposes of directing off-site runoff onto or across the subject property, the property owner is required to dedicate such easements without cost to the City as recommended by the City Engineer. Passed this 17th day of July 2013. Myron Bailey, Mayor Attest: Caron Stransky, City Clerk SKETCH & DESCRIPTION �for� DAVID & NIKKI BORNER PIN NO.O1-027-21-34-0001 a ____ i50.00 __ �'�__"'_ 28t.80 "'__"'__ dl� euo � � � � n i PROPOSED , PARCEL"B" 7!B PAflCE1. CONfM15 � aao � uo� ax uss -_- �� $ I � N89'JB'13Y/ " f60 O> � zzi.e� , N89, 88 �13"�I i g � ; _ _ eow � Proposed Parce� 'B" ,p Thot part of the west 281.60 feet of the Southeast Quarter of the Souihwest Quarter of SecUon t, Township 27 North, Range � 27 West, fn the Clty of Cottage Grove, Washington County, lAinnesota lying north of the south 950.00 �eet thereof. AND The west 60.00 (eet of the south 950.00 feet of the Southeast Quarter of the Southwest Quorter of Sectton t, Township 27 North, Range 21 West, in the City of Cottage G�ove, Washington County, Minnesota. Su6Jeci to the right of � way of County State Atd Highway No. 20. AND o fie east 750.00 feet of the Soulhwest Quarter ot the Sauthwest Quarter of SecBon 7, Township 27 North, Range 21 West, in the City of Cottage Grova, Washington County, Minnesota ezcepting there(ran the South 950.0 feet thereaf. i .0 e� , i � .r � i i ` i � � ✓ i i � .t , , ! ; � - ,, m PROPOSED PARCEL"A" � P� �� ������ '` � . • � �, � i Proposed Parcel 'A' . i � The Southeast Warter of the Southwest 4uarter of Section 1, i Townsh(p 27 Nwih, Range 27 West, tn the City of Cottage Grove, Washington County, IAinnesota excepHng therefrom the __ y i following described two parcels. This parcel ts subJed to tha - � i right of way of County Stata Aid Htghway No. 20. t � � w ExcepHon one q X i Thot pa`t of the west 281.60 feet of the Southeast Quarter of b y, � the Southwest 4uorte� of Seclfon 7, Townsh(p 27 North, Range i 21 West, in the C(ty of Cottage Grove, Washington Covoty, � � Minnesota lying north of the south 950.00 feet thereof. Exception two � Tha west 60.00 feet of the south 950.00 feet of the � Southeast Quarter of the Southwest Quarter of SecUon 1, Townshfp 27 Norih, Range 27 West, tn the City of Cotlage � Grove, Washfngton County, Minnesota. — � — — _ _ _ _ _ r _ _ _ _ _ _ _ _ _ _ _ _ _ � n � 70TH STREET � SOUTN � — . _ .�d�_ , , 60.00 Idf 127P69 n NB9 88 >3"� >882.68 0 ----------------fC.S.A.I-1__NO._ 20) � �,�,er�„ .�,�,�,� o„�� , , AREAS aanr en. a.¢ scurrm ❑ � z PROPOSED PARCEL 'A = 36.66 ACRES MORE OR LESS � PROPOSED PARCE� '8� = 5.00 ACRES MORE OR LESS H0. OAiE ocx�x�ar+nov er TOTAL = 41.68 ACRES MORE OR LESS GRAPHIC SCALE OIIERALL PROPERTY DESCRIPTION � IN � The Southeast Quarter of the Southwest Warte� (SE1/4 of 1 meh = 10o tt SWI/4) of Sactioa One (1), Township Twenty-saven (27) North, /� Range Twenty-one (21) West, in the City of Cottage Grava, . tl. RU� � SUNS. �NC. Wash(ngton County, Minnesota; Together with the East 150.0 feet of the Southwest Quarter of the Southwest Quorter `°" Professionai Land Surveyors (svn/a ot svn/a) or seia se�ea� o�e (t), excepting therefrom 6776 Lake Drive NE, Suite 110 NORTH the South 950.0 feet thereoL Containing In ii, ai.sa� a«es, w«..e�,e.<om more or less, subJect to lha dght-of-woy of County Hfghwoy Lino Lakes, MN 55014 No. Zo. Tel.(657)367-8700 Fax(651)361-8701 i he�eby ce�tify that this survey, plan or report was prepored by me or under my direct supervfslon and fhot 1 om a duly Regisfered Land Surveyo� under the laws of the State of Minnesota. ��� BLAKE L RIVARD Oate: 5/20/20}3 License No. 19421 0 ; � EXCERPT FROM UNAPPROVED MINUTES OF THE JUNE 24, 2013, PLANNING COMMISSION MEETING 6.1 Borner Lot Split — Case MS13-019 David Borner has applied for a minor subdivision to subdivide a 41.68-acre parcel of land generally located north of 70th Street and northeast of Lamar Fields into two parcels of 5 acres and 36.68 acres; a conditional use permit for a density transfer; and variances to the minimum lot width to allow the lot depth to be more than three times greater than the lot width, and to allow the road access to be 60 feet instead of the required 180 feet. McCool summarized the staff report and recommended approval based on the findings of fact and subject to the conditions stipulated in the staff report. Rostad opened the public hearing. No one spoke. Rostad c/osed the public hearing. Brittain made a motion to approve the variance, conditional use permit, and minor sub- division applications based on the findings of fact and subject to the conditions listed below. Johnson seconded. Findin_qs of Fact: A. The construction of a single-family dwelling on the five-acre parcel will comp/y with all the minimum setback requirements for the AG-1 and R-1 Districts, which are the zoning classifications that bisect this property. B. The requested variances are not specifically addressed in the City's Future Vision 2030 Comprehensive Plan, but its residential characteristics are consistent with the rural residential and agricu/tural land use designations for this property, C. The purpose of the variance is not based exclusively upon a financial hardship. D. Granting this variance should not be detrimental to the public welfare or injurious to other landowners in this vicinity. The proposed residential structure on the five- acre parcel will not impair an adequate supply of light and air to adjacent proper- ties. It will not create congestion in the public streets, become a fire danger, or endanger the public's safety. Conditions of Approval; 1. The stormwater area charge in the amount of $�6,466,56 for one equivalent rural residential unit is paid to the City of Cottage Grove. Payment must be made to the City before a building permit is issued for the five-acre parcel. 2. If the property owner of the five-acre parcel further subdivides the parcel in the future, then the $16,466.56 stormwater area charge amount will be credited toward the total amount required to be paid on five gross acres based on the stormwater area charge rate that is established by City resolution or ordinance. Excerpt from Unapproved Planning Commission Minutes Borner Lot Split — Planning Case MS13-019 June 24, 2013 Page 2 3. Payment of sanitary sewer and water area charges for one eguivalent residen- tial unit will be paid in the future if sanitary sewer and water utilities are provided to the five-acre parcel. 4. If the property owner of the 36.68-acre parcel subdivides their parcel in the fu- ture, then payment of the stormwater, water, and/or sanitary sewer area charges that are in effect at the time the property is requested to be subdivided must be paid to the City of Cottage Grove. 5. The park fee in lieu of land dedication amounting to $3,200.00 for one equiva- lent residential unit on the five-acre parcel must be paid to the City before a building permit for the five-acre parcel can be issued. 6. All applicable permits (i.e.; building, e/ectrical, grading, and mechanical) for the construction of a house on the five-acre parcel must be completed, submitted, and approved by the City before any construction activities begin. Detailed construction plans must be reviewed and approved by the Building Official and Fire Marshal. 7. The property owner shall obtain a Washington County Access Permit for the private access drive connection to 70th Street (CSAH 20) before any excavation or construction can begin. 8. A permanent right-of-way easement 25 feet in width that is north and parallel to the 50-foot wide Highway Easement as recorded in Book 257, Page 589 must be granted to Washington County. Granting this permanent right-of-way easement must be recorded at Washington County before a building permit is issued for the five-acre parcel. 9, The private access drive for the five-acre parcel must be hard surfaced with as- phalt or concrete between the 70th Street pavement edge and a minimum distance of 55 feet to the north, 10. If the City Engineer determines that a drainage easement(s) is necessary for purposes of directing off-site runoff onto or across the subject property, the property owner is required to dedicate such easements without cost to the City as recommended by the City Engineer. Motion passed unanimously (7-to-0 vote.)