#10 - Chavez Variance - Laserfiche WebLink

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4 LA515\1\1007188.v1 the public infrastructure that would serve the property (water, sewer, street) has been approved by the City or constructed at this time and they are subject to change. The memo also provided 10 findings related to the infrastructure installation, stormwater management, and numerous off-site easement requirements (these easements have not been secured by the Applicants). • MN DNR Memo 12/16/24- Provided a memo recommending denial of the variances. The memo cites concerns with the requests not meeting the statutory practical difficulties or essential character criteria. The memo outlines the DNR’s concerns with the variances’ impacts to the natural area including the lake and the water quality of the lake. • Valley Branch Watershed District Email 12/16/24- Provided a comment that a VBWD permit would be required. • Fire Department- Did not provide comments on the request. PUBLIC COMMENT: A hearing notice was sent to surrounding properties on January 6th, 2025. A hearing notice was published in the local newspaper on January 10th, 2025. The item was tabled by the Planning Commission on January 13th, 2025. A new public hearing notice was sent to surrounding property owners on January 14th, 2025, and published in the local paper on January 17th, 2025. Below is a summary of the comments received: 1. Craig Allen (Gonyea Companies) provided written public comment that, while he signed off on the variance application as the owner of Northstar Outlot B and has provided access to the lot with the development of the Northstar subdivision to help Mr. Chavez, he would like to put on the record he is not supporting the current design and encroachment onto his property. It is his position that any drainage structures should be fully contained within Northstar Outlot B. He is indifferent to the outlot design. 2. Bill Friederichs (3691 Kelvin) spoke at the public hearing noting they did not receive a mailed notice. They are in support of the request citing that they received a similar variance back in 1993. PLANNING COMMISSION: The Planning Commission voted to table this request at their 1/13/2025 meeting (Vote 6-0). The Commission reviewed the variance requests at their 1/27/2025 meeting and voted to follow staffs recommendation and deny the requests with the findings listed in the staff report. The Commission cited concerns with the site design, house size, variance criteria, and DNR review letter (Vote 4-0). FISCAL IMPACT: • None RECOMMENDED CONDITIONS – IF RECCOMENDING APPROVAL 1. The Applicants must obtain all other necessary City, State, VBWD, and other governing body permits and approvals prior to construction. 2. The property must be connected to sanitary sewer and water with Northstar 2nd Addition once it is made available and pay applicable connection fees.