Rice County
MN

Action Item
DOC-2017-191

Variance / Chadderdon - Section 34, Forest Township

Information

Department:Environmental ServicesSponsors:
Category:Variance - Non-ShorelandMeeting Groups:Board of Adjustment

Attachments

  1. Staff report 06 34 Chadderdon setback variances (This file has not yet been converted to a viewable format)
  2. Wide photo
  3. Mid photo
  4. Close photo
  5. Chadderdon Variance

Resolution/Ordinance Body

(This section is for entering Resolution/Ordinance Language ONLY)

Meeting History

Sep 7, 2017 6:30 PM  Board of Adjustment BOA Regular Meeting

CONDITIONS OF APPROVAL

1. The variance is to allow for three septage holding tanks to be located 12-ft from the east property line, 134-ft from a well and 225-ft from the residence as shown on the applicants submitted site plan, subject to compliance with all other Ordinance regulations.

2. Submitted plans shall be followed.

3. All required state, federal and local septage permits shall be obtained.

4. This variance shall be void if the tank permitting is not obtained within one year of the variance approval.

5. Failure to comply with the terms of this variance may result in termination of the Variance

Zoning Administrator Trent McCorkell (TM) presented the request to the Board of Adjustment (BOA)

TM - noted correction in condition # 1 to remove neighboring from "neighboring residence" as it is the applicant's residence.

The BOA asked the applicant, Michael Chadderdon (MC), to come forward to add comments or answer questions regarding the request.

MC - no additions, need to finish out project, hoping to go quicker than this.

Vice Chair Streiff opened the public testimony portion of the item to the public and no one spoke.

Vice Chair Streiff closed the public testimony portion of the item to the public.

Discussion:

CP- discussed variance at township meeting and there were no complaints, they run a good business, no issues.

PB - going through the proper avenue, conditions stated as well.

Motion to approve with stated conditions with a change to condition #1 striking word "neighboring" and seconded.

The Board of Adjustment reviewed the variance application, including the conditions as stated above. The findings, based on the following criteria from Section 503 of the Zoning Ordinance, were read by Peters:

· Proposed use is allowed in the property’s zoning district;

· Request is in harmony with the general purpose and intent of the Zoning Ordinance and consistent with Comprehensive Plan;

· Applicant proposes to use the property in a reasonable manner not permitted by the Ordinance;

· The request stems from circumstances unique to the property, not one created by the landowner;

· If granted, this variance will not alter the essential character of the locality nor have any significant impact on the surround properties;

· This is the minimum variance necessary to afford relief;

· Adequate sewage treatment and water capabilities can be provided;

· The variance would have no significant impact on public health or safety; and

· Special privileges are not conferred to the applicant that are denied owner of other lands, structures or buildings in the same district.

The following additions to the findings were noted by staff:

TM- tanks are relatively small volume tanks, and the closest residence is the owners home.

Motion carried with the stated conditions and findings.

RESULT:APPROVED [UNANIMOUS]
MOVER:Charlie Peters
SECONDER:Tom Sammon
AYES:Michael Streiff, Preston Bauer, Tom Sammon, Charlie Peters
ABSENT:Joe Horejsi