CYL26-25

Request of Minnesota Paving and Materials for the review of Registered Land Survey No. 178. The subject property is described as the West 957 feet of the South 1365 1/2 feet of the SE 1/4 of Sec. 30-109-26 West and all that part of the N ½ of NW 1/4 Sec. 31 and the S 1/2 of SW14 Sec. 30 which lies northeast of a straight line drawn from the southeast corner of the NE 1/4 of the NW 1/4 of Sec. 31 to the northwest corner of the SW 1/4 of the SW 1/4 of Sec. 30, being a triangular piece of land containing 80 acres; The West 16.92 acres of the North 24 acres of the NW 1/4 NE 1/4 of Sec. 31; The west 1 1/2 acres of the south 2 acres of the north 50 acres of the N 1/2 of NE 1/4 of said Sec. 31 and the following triangular piece or parcel of land: Beginning at the southeast corner of the N 1/2 of the NW 1/4 of said Sec. 31, thence running west 175 feet, thence running north 171.7 feet, thence running south 44° and 25 minutes East 244.8 feet to the place of beginning, all of the above parcels of land lying and being in Township 109 Range 26; EXCEPT a strip of land 1 rod in width adjacent to the South line of Pilgrim's Rest Cemetery and extending the length of said Cemetery, all located in the NE 1/4 Sec. 31-109-26 West, more particularly described as follows: Commencing at an iron pipe at the intersection of the West line of the Mendota and Big Sioux Road, also known as the Mankato St. Peter Highway, and the North line of Sec. 31-109-26 West, said iron being approximately 1087 feet West of the northeast corner of said Section 31; thence running West a distance of 585 feet, thence South 3°45' West a distance of 792 feet to the place of beginning; thence continuing along the same line a distance of 16.5 feet, thence East and parallel to the North line of said Section 31 a distance of 485.2 feet to the West line of the Mendota and Big Sioux Road, thence North 10°38' East along the West line of said Mendota and Big Sioux Road a distance of 16.8 feet, thence West and parallel to the North line of said Section 31, a distance of 488.3 feet to the place of beginning; AND EXCEPT Beginning at a point on the North line of Section 31-T109W R-26W, 1998.8 feet East of the N.W. corner of said section, thence west on said section line 312.8 feet, thence South 3°03' West 195.0 feet, thence South 44055' East 142.5 feet, thence South 46°00' East 250.0 feet, thence North 56°56' East 213.0 feet, thence North 0°07' West 41.15 feet, thence North 15°43' East 60.0 feet, thence North 20°52' East 40.0 feet, thence North 32°19' East 38.0 feet, thence North 44° 26' West 258.7 feet to the point of beginning and containing 3.64 acres more or less; AND EXCEPT Plat of a tract of land in the NE 1/4 of the NW 1/4 of Section 31 Twp. 109 N. Range 26 W. Beginning at a point 2179.8 feet East of the NW corner and 184.6 feet South of North line of said Section 31, thence South 44°26 minutes East 520.5 feet, thence South 0 degrees 30 minutes West 414.75 feet, thence North 53 degrees 32 minutes West 61 feet thence North 49 degrees 26 minutes West 100 feet, thence North 47 degrees 14 minutes West 50 feet, thence North 42 degrees West 56 feet, thence North 36 degrees 10 minutes West 45.2 feet, thence South 56 degrees 59 minutes West 165.15 feet, thence North 45 degrees 35 minutes West 458.85 feet, thence North 56 degrees 56 minutes East 327 feet, thence North 0 degrees 7 minutes West 41.15 feet, thence North 15 degrees 43 minutes East 60 feet thence North 20 degrees 52 minutes East 40 feet, thence North 32 degrees 19 minutes East 38 feet to the point of beginning, said tract containing 6.149 acres more or less; AND EXCEPT Tract A of Registered and Survey No. 172. (Blue Earth County PID R400430300006, R400430400015, R400431100013, and R400431200034). 

The anticipated date of Lime Township Board action is June 10, 2025. 

The applicant, Minnesota Paving and Materials, owner of the property.
 

Minnesota Paving and Materials has requested the review of Registered Land Survey No. 178. The proposal reconfigures parcels owned by the property owner into five new tracts of land. Tract 1 is 106.00 acres and contains wetlands on the western portion of the property. Tract 2 is 6.48 acres; Tract 3 is 0.07 acres and will be dedicated to Blue Earth County; Tract 4 is 0.17 acre and will be sold to the Northern adjacent property owner; Tract 5 is 0.21 acres and will be sold to the Southern adjacent property owner.

The applicant is also seeking variances for the newly created lots within in the Registered Land Survey No. 178 that do not front a public right-of-way. In November 2024, the Lime Town Board reviewed 231^st Lane. According to the minutes of said meeting, “MPM has always done the maintenance of this lane and has it as a private road. The township does not want any ownership or maintenance of this lane. The issue lies in the westerly most property. The township would like to make sure there is written Right of Way Easement for the west property owner so we don't get hit with a cart way petition in the future.” Because the lots created with the proposed new RLS No. 178 will not be abutting a public right-of way-as required by Lime Township ordinance Article 2, Section 8.F.5, the applicant is seeking variances. The variance seeks to reduce the required frontage that abuts a public right-of-way from the Code required 150 feet to zero (0) feet as a result of the 231^st Lane being a private lane, not a public right-of-way.     

 

The subject property is located near the SMC compost site near the cemetery and Stoffel Quarry within Lime Township. It is described as the West 957 feet of the South 1365 1/2 feet of the SE 1/4 of Sec. 30-109-26 West and all that part of the N ½ of NW 1/4 Sec. 31 and the S 1/2 of SW14 Sec. 30 which lies northeast of a straight line drawn from the southeast corner of the NE 1/4 of the NW 1/4 of Sec. 31 to the northwest corner of the SW 1/4 of the SW 1/4 of Sec. 30, being a triangular piece of land containing 80 acres; The West 16.92 acres of the North 24 acres of the NW 1/4 NE 1/4 of Sec. 31; The west 1 1/2 acres of the south 2 acres of the north 50 acres of the N 1/2 of NE 1/4 of said Sec. 31 and the following triangular piece or parcel of land: Beginning at the southeast corner of the N 1/2 of the NW 1/4 of said Sec. 31, thence running west 175 feet, thence running north 171.7 feet, thence running south 44° and 25 minutes East 244.8 feet to the place of beginning, all of the above parcels of land lying and being in Township 109 Range 26; EXCEPT a strip of land 1 rod in width adjacent to the South line of Pilgrim's Rest Cemetery and extending the length of said Cemetery, all located in the NE 1/4 Sec. 31-109-26 West, more particularly described as follows: Commencing at an iron pipe at the intersection of the West line of the Mendota and Big Sioux Road, also known as the Mankato St. Peter Highway, and the North line of Sec. 31-109-26 West, said iron being approximately 1087 feet West of the northeast corner of said Section 31; thence running West a distance of 585 feet, thence South 3°45' West a distance of 792 feet to the place of beginning; thence continuing along the same line a distance of 16.5 feet, thence East and parallel to the North line of said Section 31 a distance of 485.2 feet to the West line of the Mendota and Big Sioux Road, thence North 10°38' East along the West line of said Mendota and Big Sioux Road a distance of 16.8 feet, thence West and parallel to the North line of said Section 31, a distance of 488.3 feet to the place of beginning; AND EXCEPT Beginning at a point on the North line of Section 31-T109W R-26W, 1998.8 feet East of the N.W. corner of said section, thence west on said section line 312.8 feet, thence South 3°03' West 195.0 feet, thence South 44055' East 142.5 feet, thence South 46°00' East 250.0 feet, thence North 56°56' East 213.0 feet, thence North 0°07' West 41.15 feet, thence North 15°43' East 60.0 feet, thence North 20°52' East 40.0 feet, thence North 32°19' East 38.0 feet, thence North 44° 26' West 258.7 feet to the point of beginning and containing 3.64 acres more or less; AND EXCEPT Plat of a tract of land in the NE 1/4 of the NW 1/4 of Section 31 Twp. 109 N. Range 26 W. Beginning at a point 2179.8 feet East of the NW corner and 184.6 feet South of North line of said Section 31, thence South 44°26 minutes East 520.5 feet, thence South 0 degrees 30 minutes West 414.75 feet, thence North 53 degrees 32 minutes West 61 feet thence North 49 degrees 26 minutes West 100 feet, thence North 47 degrees 14 minutes West 50 feet, thence North 42 degrees West 56 feet, thence North 36 degrees 10 minutes West 45.2 feet, thence South 56 degrees 59 minutes West 165.15 feet, thence North 45 degrees 35 minutes West 458.85 feet, thence North 56 degrees 56 minutes East 327 feet, thence North 0 degrees 7 minutes West 41.15 feet, thence North 15 degrees 43 minutes East 60 feet thence North 20 degrees 52 minutes East 40 feet, thence North 32 degrees 19 minutes East 38 feet to the point of beginning, said tract containing 6.149 acres more or less; AND EXCEPT Tract A of Registered and Survey No. 172. (Blue Earth County PID R400430300006, R400430400015, R400431100013, and R400431200034)
 

The land consists of 4 parcels located west of Third Avenue. Parcel R400430300006 containing 83.42 acres and R400430400015 containing 3.95 acres are currently used for mining purposes. The 2.29-acre parcel, R400431100013, is an open lot with environmentally sensitive areas.

Lastly, parcel R400431200034 contains 3 separate areas that consist of 23 acres. The two sections located north of 231^st Lane are currently used for a land fill facility and the southern portion contains an office and environmentally sensitive areas.
 

The northern parcels ending in 0006 and 0015 are zoned Rural Conservation. The southern parcels ending 0034 and 0013 are zoned Industry in by the Lime Township Zoning Ordinance.
 

A wetland delineation was conducted in October 2023 and a prehistoric wetland was identified on western side of the mining operation parcel R400430300006 and on northwestern portion of parcel R400431200034.
 

The Lime Township Ordinance can be found at this link: Lime Township Ordinances
 

1. Applicant shall provide documentation, and any necessary approvals, that the proposal conforms to the Orderly Annexation Agreement (OAA) between the City of Mankato and Lime Township.

1. Applicant shall pay the notification fees in the online portal, if not already complete.

Minnesota Paving and Materials has applied for a review of Registered Land Survey number 178. The proposal reconfigures parcels owned by the property owner into five new tracts of land. Tract 1 is 106.00 acres and contains wetlands on the western portion of the property. Tract 2 is 6.48 acres; Tract 3 is 0.07 acres and will be dedicated to Blue Earth County; Tract 4 is 0.17 acre and will be sold to the Northern adjacent property owner; Tract 5 is 0.21 acres and will be sold to the Southern adjacent property owner.

Tract 2, 3, 4, 5, and the southern portion of 1 is located in the Industry zoning district.

Tract 2 is currently being used for a landscaping business called Smith Landscaping. The applicant is proposing to sell this to the owner once the tract has been approved by the board and recorded.

Tract 3 will be deeded to Blue Earth County as it is part of 3^rd Avenue.

Tract 4 will be deeded to the Northern adjacent property owner, CHS Inc.

Tract 5 will be deeded to Mankato Acoustics, Inc.  who is the current owner of the Southern adjacent property.

The Northern part of Tract 1 is located in the Rural Conservation District where mines are outlined as Interim uses within the district. Tract 1 does conform to the lot requirements of the rural conservation district by obtaining “an approved access to a public right-of-way” off of 3^rd Ave (Lime Township Zoning Ordinance, Section 3 Rural Conservation & Rural Conservation-Residential Districts, Part 6f Lot Requirements).
Site plans show that access to Tracts 1 and 2 will remain the same off of 231^st Lane. This is considered a private drive that is located on the western side of Third Avenue. The applicant has submitted an access easement agreement to grant access to Tract 2 from the private drive.
A wetland delineation was conducted on October 4th, 2023, per the applicants request. The findings from the Technical Evaluation Panel, Bolten and Menk, and the Department of Natural Resources state there is a rare wetland known as Calcareous Fen located on southwestern edge of the proposed Tract 1. It was also noted that there were both shallow and fresh (wet) Calcareous Fen within the 3.75 acre of delineated areas. The owner of the land shall align with the Lime Township Rural Conservation District, Blue Earth County standards, and the Department of Natural Resources standards to protect, preserve, and conserve the environmentally sensitive areas and natural resources of the Township.

Blue Earth County has provided commentary on the three septic systems located on parcel R400431200034 that need to coordinate with the agency for compliance inspections. Additionally, there are several monitoring wells and two other wells located the proposed Tract 1, that will need to be sealed or put back into use. A recommended condition is included herein that requires the applicant to apply for a compliance inspection with Blue Earth County prior to the final plat application. The applicant shall submit documentation of the proposed sealed wells and use/plan of action for the remaining monitor wells and well.

A completed Preliminary Title opinion letter and Final Title opinion letter, written by developer’s attorney, shall be submitted in the final plat application.

A drainage report describing pre-development flows, expected post-development flows, and measures to be taken to ensure that post-development flows do not exceed pre-development flows shall be submitted in the final plat application. The report shall describe erosion control measures to be taken to prevent erosion and sedimentation both during and after the final plat.

A topographic map with contours of the toe and top of the bluff shall be submitted in the final plat application.

Proposed easements for drainage, slope protection, flood protection, and protection of the wetlands and waterbodies, including stormwater storage areas shall be submitted in the final plat application.
 
Variance
The applicant is requesting a variance on the proposed Registered Land Survey 178, due to tracks 1 and 2 not obtaining the required 150 feet of frontage to a public right-of-way. According to the Lime Township Zoning Ordinance, “every zoning lot which an industrial structure is erected shall have a width of not less than one hundred fifty (150) feet abutting a public right-of-way” (Article 4. Section 8. Industry District, part F. Height, Yard, and Lot Regulations, subpart 5c. Lot Area, Width, and Depth). The variance seeks to reduce the required frontage that abuts a public right-of-way from the required 150 feet to 0 feet. The frontage of both lot 1 and 2 come from 231^st lane, which is no longer considered a township road. In November 2024, at a Lime Township Board meeting, the board stated “MPM has always done the maintenance of this lane and has it as a private road. The issue les in the westerly most property. The township would like to make sure there is a written Right-of-Way Easement for the west property owner so we don’t get hit with a cart way petition in the future.” The applicant has submitted an access easement agreement for the businesses that obtain access off of 231^st Lane.

In order to grant a variance, the Board shall make affirmative findings within these four categories: the use is in harmony with the general purposes and intent of the ordinance, it is consistent with the comprehensive plan, there are practical difficulties in complying with the ordinance, and the use conforms to the zoning district.

The request to reduce the required frontage of 150 feet to 0 feet, does align with the general purposes and intent of the ordinance. The applicant has a reciprocal access easement agreement with applicable businesses that access their properties off of 231^st Lane. In doing so, the applicant is ensuring orderly development while protecting the character of the industrial district within Lime Township occurs.
The requested variance is consistent with the comprehensive plan by “allowing for the continuation of commercial and industrial land uses on properties within the Township that currently used for those purposes” (Lime Township Comprehensive Plan, Guiding Principles, part 7). There are currently 7 different parcels that are utilizing 231^st Lane for access to their parcels. If the board is to approve the request, a condition will be listed herein that MPM will continue to service the private drive for accessibility purposes for the adjacent properties that utilize the lane for access.

There are noticeable practical difficulties in complying with the ordinances listed within the Lime Township Zoning ordinance, given that 231^st Lane is not considered a Lime Township Road. The applicant will continue to utilize the property in a reasonable manner. The applicant is requesting to combine and adjust lot lines within the submitted registered land survey, but the industrial use will remain the same. This request is unique because the frontage of 231^st Lane, if a Township Road, would bring the request into compliance. However, the road is now considered a private drive by the direction of the Lime Township Board and thus does not meet the required frontage of 150 feet within the Industry district. If the request were to be granted, it would not alter the essential character of the locality, given that the use will remain the same.

As previously stated, the use will remain the same, thus conforming to the Industry zoning district within the Lime Township.




 

Staff respectfully submits the following findings:

1. The proposed use will ensure that to the maximum extent possible, all lands will be developed with adequate protection provided for the health and safety of residents by requiring necessary services such as properly designed streets and adequate sewage and water service. The applicant will be coordinating plans with Blue Earth County for a compliance inspection of the sewer and to bring all wells on site up to conformance.
2. The applicant will be required to continually work with Blue Earth County and Minnesota Department of Natural Resources to ensure that effective protection is given to the natural resources of the community, especially groundwater and surface waters.
3. The proposed preliminary plat encourages a well-planned division of land through the establishment of adequate design standards.
4. The Preliminary Plat will not cause inferior developments that might adversely affect the local tax base.
5. The proposal does not place the cost of improvement against those benefitting from their construction.
6. The Preliminary Plat’s outcome will produce a single family dwelling that will contribute to the neighborhood which will be of lasting credit to the community
7. The proposed use will not affect the township or county in facilitating adequate provisions for transportation and other public facilities.
8. The proposal does secure the rights of the public with respect to public lands and waters.
9. The approval of the preliminary plat will improve land records by the establishment of standards for land divisions, surveys, and plats.
10. The safeguard the interests of the public, the homeowner, the subdivider and local units of government will remain in tact since the use will remain the same as the current the only difference is the way the land is divided. Tract one will continue to be used as a mine and Tract 2 will continue to be used as a landscaping business.
11. The applicant will prevent, where possible, excessive governmental operating and maintenance costs.

Variance

1. The use is in harmony with the general purposes and intent of the ordinance.
2. The request is consistent with the comprehensive plan.
3. There are practical difficulties in complying with the ordinance, given that the road is now considered a private drive and no longer a public right-of-way.
4. The use will remain the same, thus conforming to the Industry zoning district within the Lime Township.

Staff recommends approval of the preliminary plat to reconfigure parcels owned by the property owner into five new tracts of land with the following conditions:

1. The applicant shall apply for a compliance inspection for the sewers located on the proposed Tract 1, with Blue Earth County prior to the final plat application.
2. The applicant shall submit documentation of the proposed sealed wells and use/plan of action for the remaining monitor wells and well.
3. A completed Preliminary Title opinion letter and Final Title opinion letter, written by developer’s attorney, shall be submitted in the final plat application.
4. A drainage report describing pre-development flows, expected post development flows, and measures to be taken to ensure that post-development flows do not exceed pre-development flows shall be submitted in the final plat application.
5. A topographic map with contours of the toe and top of the Bluff shall be submitted in the final plat application.
6. Proposed easements for drainage, slope protection, flood protection, and protection of the wetlands and waterbodies, including stormwater storage areas shall be submitted in the final plat application

Staff recommends approval of the variance request to reduce the required 150 feet of frontage abutting a public right-of-way to 0 feet with the following conditions:

1. The applicant, Minnesota Paving and Materials, will continue to maintain to the private drive of 231^st Lane.