CYM06-24

Request of James and Beth Zarn for a preliminary plat for an adjustment of property lines that will create a new parcel aligning with the ¼ ¼ section. The subject property is described as Lot 11,17, and Lot 16, Auditor’s plat Number 15, Section 35, Township 108 North, Range 27 West, Blue Earth County PID R430835452011).

James and Beth Zarn are the applicants and property owners.

James and Beth Zarn are requesting a preliminary plat for an adjustment of property lines that will create a new parcel aligning with the ¼ ¼ section. 

The subject property is located at 19519 Ivywood Lane and is legally described as Lot 11,17, and Lot 16, Auditor’s plat Number 15, Section 35, Township 108 North, Range 27 West. The Blue Earth County Parcel Identification Number is R430835452011.

The land consists of two parcels, R430835452011 and R430835452008, consisting of 6.4 acres and 40 acres respectively. The first parcel, ending in 2011, currently has a shop house that is used a residential space as well as a garage shop for agricultural practices. The second parcel ending in 2008 Is currently a wooded, bluff area, contains a small wetland, and is also used for agricultural farming purposes.

The site is zoned Conservation-1 by the Mankato Township Zoning Ordinance.
 

There are environmentally sensitive areas in both parcels of land. There is a shoreline district and a ravine showing on the environmental sensitive map for parcel R430835452011. The second parcel, R430835452008, is showing a ravine on the environmental sensitive map. The sites also contained delineated wetland areas.

James and Beth Zarn are requesting a preliminary plat for an adjustment of property lines that will create a new parcel aligning with the ¼ ¼ section. The subject property is described as Lot 11,17, and Lot 16, Auditor’s plat Number 15, Section 35, Township 108 North, Range 27 West, Blue Earth County PID R430835452011).

The applicant is proposing to adjust the property lines to create a new parcel. With the new plat, the east property line from its current location will be aligned with the ¼ ¼ section line that runs north to south of the property. The remaining portion of the easterly parcel will be considered an Outlot upon platting.
 
Lot 1, Block 1, Zarn Acres is a 45.98-acre lot. The lot contains one dwelling right. A conditional use permit was approved by the Town Board on April 17th, 2024 to allow the movement of the development right on the newly created parcel from the current shed house, “shouse,” to a new residential house. Conditions were included with the approval that required that platting occur to officially change the property boundary and make this a developable parcel.

The proposed Lot 1, Block 1, will meet the Conservation District dimensions for residential purposes by obtaining a “lot or plot of land on which a single family dwelling is erected shall contain an area not less than two and one half (2.5) acres. Lot 1 Block 1, is a 5.98 acre lot exceeding the required 2.5 acres. The proposed 1.09 acres of buildable area conform to the Mankato Township conservation zoning district ordinance section 0100.0703, that states, “every lot of plot of land on which a single family dwelling is to be erected must have a buildable area of not less than one (1) acre”.

Lot 1, Block 1 contains two wetland areas, Wetland 2 and Wetland 3. Impacts to the wetland areas are not proposed or authorized. The applicant submitted a Notice of Decision from Blue Earth County that confirms that there are three Wetland areas located on the Zarn Acres property. Outlot A in the proposed Zarn Acres contains Wetland 1 near the bottom of the bluff. The second identified Wetland is located on the northeasterly corner of the ¼ ¼ section located between Lot 1 and Outlot A. Lastly, Wetland 3 is located along Ivywood Lane in Outlot A. The owner of the land shall align with the Mankato Township Conservation District Ordinance and Blue Earth County standards to protect, preserve, and conserve the environmentally sensitive areas and natural resources of the Township.

Outlot A, Zarn Acres is the remaining portion of the subject platted area. The outlot does not contain a development right. The proposed platted lot in an outlot and, according to the Town Land Use Ordinance section 0100.0404, will not be developable, given the definition of outlot as “open space included in a plat, labeled Outlot, and not intended for use as a buildable lot”.

Access to the lot will remain the same as identified in the submitted preliminary plat, “Gravel”. The gravel access way to the proposed new dwelling structure will be through parcel ending in 2011, which is located to the south in the adjacent township, and owned by the applicant. The applicant has submitted an access easement which allows perpetual access through the adjacent southerly lot. The area noted on the preliminary plat as “existing trail” is not proposed to change. Changes to this area are prohibited without further review and approval by the Town Board as this area traverses a bluff and expansion will require additional engineering review. The plat will dedicate the southerly portion of Ivywood Lane for public purposes. The dedication will be from the Le Sueur River to the edge of the platted property. The dedication encompasses a 33’ section, which represents the southerly half of the current township road.

The preliminary plat concept plan for future development shows a proposed house and garage. The plans provided show a new 70’8” foot by 66’8” foot single family dwelling. The applicant has stated the height of the dwelling will not exceed the 35 feet height requirement found in Mankato Township Conservation zoning district ordinance. The house and garage are not located in the bluff area, and achieve the required Conservation zoning district setbacks. The proposed structure achieves both side setbacks of 50 feet and the bluff set back of 30 feet. The applicant will need to conform to the front setback of 65 feet.

A primary and secondary 40x80 Septic allotted space is shown on the concept plans. The septic locations are across the “existing trail” from the proposed house on the submitted plans. A recommended condition is included herein that requires the applicant to submit a septic design plan by a licensed septic contractor to Blue Earth County prior to the request of a construction permit. The applicant shall submit a “written report, prepared by an MPCA licensed individual sewage treatment systems designer, which shows the location of two sites suitable for on-site sewage treatments drainfields for each lot” prior to the final plat submission.

The plans submitted show a new well to be located near the south westerly corner of the proposed house. The applicant shall submit and provide Blue Earth County with well construction plans from a licensed well driller prior to the issuance of a construction permit.
The preliminary plat also shows the existing shed/house and the setbacks. The setbacks on the existing shouse, the structure for which the permit was issued November 5, 2021, do not achieve the required setbacks in the subject zoning district.

A recommended condition is included herein that prior to construction beginning, but after BMP’s are installed, an inspection occur. Protections shall be installed at the bluff, wetland and water body areas.

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 development.

A previously placed monument was found and listed in the submitted preliminary plat. According to Blue Earth County Section 20-198 Monuments, “durable monuments (iron rods or T bars) shall be placed at all lot and block corners, at all angle points in any line”. A recommended condition is included herein that requires the applicable monuments to be placed at the appropriate corners of the adjusted property lines per Blue Earth County’s Land Division Code Section 20-198 Monuments.

It shall be the responsibility of the subdivider or developer to contact utility companies to determine the availability of services for the installation. The applicant shall submit written instruments form the appropriate utility companies showing all necessary arrangements with such companies for installation of such utilities have been made. The submitted utilities shall conform to the Blue Earth County Land Division Section 20-200 Utilities Ordinances and shall be placed and installed accordingly.

 

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 submitting plans to Blue Earth County to approve proposed sewer and water services.
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. The applicant is requesting to relocate his current property line to align with the ¼ ¼ section that runs north to south on the parcel.
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 not 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, and the dedication of the public way for transpiration purposes. 
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 intact since the use will remain the same as the current only in a slightly different location.
11. The applicant will prevent, where possible, excessive governmental operating and maintenance costs.

Staff recommends approval of the preliminary plat to adjust the property lines, creating a new larger parcel on the western side of the property with the following conditions:

1. An executed access easement shall be provided at the time of application for a permit.
2. The access easement shall be recorded in conjunction with the recording of the final plat. 
3. The applicant shall provide a written verification from Blue Earth County that demonstrates that the existing wells on the site have been appropriately capped/abandoned and addressed in conformance with the applicable codes.
4. Septic design plans from a licensed septic contractor and well construction plans from a licensed well driller will need to be submitted prior to the approval of a construction permit. A septic permit shall be obtained from Blue Earth County for the installation prior to construction permit issuance.
5. The applicant shall comply with the flood plain standards and prior to any work taking place below the Ordinary High Water Level (OHWL) of the Le Sueur River will require a Public Waters Work Permit from the Department of Natural Resources (DNR) shall be in place, in accordance with the applicable DNR and Blue Earth County standards.
6. The applicant shall provide the staff with the OHWL and the proposed elevations for the structure.
7. All best management practices for the control of erosion and storage of stormwater shall be followed as set forth in the Minnesota Pollution Control Agencies “Protecting Water Quality in Urban Areas” manual.
8. The owner of the land shall align with the Mankato Township Conservation District Ordinance and Blue Earth County standards to protect, preserve, and conserve the environmentally sensitive areas and natural resources of the Township.
9. The applicant shall submit a “written report, prepared by an MPCA licensed individual sewage treatment systems designer, which shows the location of two sites suitable for on-site sewage treatments drainfields for each lot” prior to the final plat submission.
10. A completed Preliminary Title opinion letter and Final Title opinion letter, written by developer’s attorney, shall be submitted in the final plat application.
11. A drainage report describing predevelopment flows, expected post-development flows, and measures to be taken to ensure that post-development flows do not exceed predevelopment flows shall be submitted in the final plat application.
12. The applicable monuments shall be placed in the appropriate corners that conform with Blue Earth County’s Land Division Code.
13. The applicant shall submit written instruments from the appropriate utility companies showing all necessary arrangements with such companies for installation of such utilities have been made at the final plat review, and that utilities will not be allowed to impact environmentally sensitive areas.