CYM07-24 Zarn Final Plat and After the fact CUP and Variance

James and Beth Zarn are the applicants and property owners.

Request of James and Beth Zarn for a Final Plat review of Zarn Acres, which would allow for an adjustment of property lines that will create a new parcel aligning with the ¼ ¼ section; an after-the- fact Variance to decrease the rear yard setback from 50 feet to 42 feet side yard setback requirements for the Property; and for an after-the-fact Conditional Use Permit for the unpermitted cutting of a bluff within a bluff zone on the property. 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 (19519 Ivywood Lane, Blue Earth County PID 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 contain delineated wetland areas.

Final Plat
James and Beth Zarn are requesting a final plat for Zarn Acres which will result in the 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 in 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 changing 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” 0100.0703 Height, Yard, and Lot width and Depth Regulations, Subpart 5. Lot Area Regulations. The Lot 1 Block 1, is a 5.98 acre lot exceeding the required 2.5 acres. The proposed 1.09 acres of buildable area conforms to the Mankato Township conservation zoning district ordinance 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” 0100.0703 Height, Yard, and Lot Width and Depth Regulations, Subpart 5. Lot Area Regulations.

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.  Located on the Outlot A portion of 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 has been 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 as an outlot, according to the Town Land Use Ordinance, will not be developable, given the definition of, “Outlot” as an “open space included in a plat, labeled Outlot, and not intended for use as a buildable lot” 0100.0404 Definitions, Subpart 60.

Access to the lot will remain the same as identified in the submitted preliminary plat as, “Gravel”. The gravel access way to the proposed new dwelling structure will be through parcel ending in 2011, which is located in the adjacent township, and rounding off in the southern adjacent property, owned by the applicant. The proposed is a result of the existing environmentally sensitive areas and not impacting them in order to construct the property driveway area. 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 appear to 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 has been submitted by the applicant. 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 be submitted 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.
Utilities located at the proposed new house have been drawn to follow along the access road. The applicant will use the previously placed power meter lines and extend them along the access road. It has been proposed by the applicant to utilize the current well onsite. A submitted site plan shows the water lines following the access road up to the new house. No environmental impacts are proposed or authorized with the proposed utilities to the subject site.

The plans submitted depict 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, does not achieve the required setbacks in the subject zoning district. An after-the-fact variance has been requested for 50 feet requirement to be reduced to 42 feet.

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, have be submitted in the final plat application as requested during the preliminary plat report.

A drainage report describing predevelopment flows and expected post-development flows have been submitted. It has been proposed that the water will flow north of the house towards Ivywood Lane. Any water near the driveway will flow outward and south bound.  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”. The applicable monuments have been 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 from 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. Impacts through the environmentally sensitive areas, the bluffs, wetlands, and shorelands, any other environmentally sensitive areas are prohibited.
 

After the fact Conditional Use Permit
The applicant is requesting an after the fact conditional use permit for the unpermitted cutting of a bluff within a bluff zone located on Zarn Acres on Outlot A near Wetland 3 that has been identified on the preliminary plat.

According to Section 13, Subpart 2. Development of Bluff Zones and Steep Slopes, Part A General Standards, point 3, the filling or cutting activity in any bluff zone shall be considered a conditional use. In this case, the applicant expanded an existing trail located in the bluff zone near Ivywood Lane and Wetland 3 prior to obtaining the code required Conditional Use permit.  During the conditional use permit application process in April of 2024 for the dwelling right, it was discovered that there had been a disturbance caused by the applicant to a bluff within a bluff zone and to the wetlands.

The applicant completed a wetland delineation with Blue Earth County to identify any other environmentally sensitive areas located on the property. It was concluded that there were three (3) wetlands confirmed on Outlot A of Zarn Acres. Some of which were filled during the cutting of the bluff. A Wetland Conservation Act Determination Notice form was submitted stating that the applicant removed the fill “to the best of his ability” and that it was then “seeded down to a native vegetation mix after the fill was removed”. Thus, aligning with the Mankato Township Ordinance, “natural vegetation shall be retained and protected” (Section 13, Subpart 3 Erosion and Sediment Control, Part D).

The applicant had an existing 12 feet wide trail adjacent to the bluff and had cut into the bluff to widen the path to approximately 22 feet wide, causing a 10 feet impact based upon the available information. As seen in the pictures of the Bluff, the trail follows up the bluff and has exposed roots systems throughout. A condition has been herein included that the applicant shall apply for a Land Disturbance permit to verify that all BMP’s have been installed prior to any further correction/stabilization work occurring. In order to prevent any continued erosion due to the impact the applicant will need to provide provisions for continued maintenance of the erosion control system in accordance with a plan prepared by an engineer licensed to do work in the state of Minnesota.

The applicant has since coordinated with the DNR and Blue Earth County to repair the damage that was done to the wetland.  Conditions have been listed herein that require the applicant to restore the bluff and bluff impacted areas to the greatest extent determined feasible and is subject to the DNR, Mankato Township, and Blue Earth County’s ordinances and/or rules. A recommended condition is also included that the applicant obtain plans for the bluff correction/stabilization work from an engineer licensed to do work in the State of Minnesota to ensure that further damage does not occur. The recommendation is that the bluff be restored to the former driveway of approximately 12 feet wide instead of the 22 feet widened driveway to the greatest extent feasible. If not feasible a minimum of bluff stabilization and permanent erosion control measures shall be implemented in accordance with an engineered plan/document.
 

After the fact Variance
The applicant is requesting for an after the fact variance on the existing Shouse located on the southern border of Lot 16, which was not constructed on the site in accordance with the approved plans. The current placement does not meet the required side yard setback of 50 feet. Instead the slanted structure has been placed with a 42 feet side yard setback, thus not meeting the required amount.

In October of 2021, Mr. Zarn applied for a permit to build a “Shouse”, a shop house that achieved the required setbacks. The application and proposed site plan show the applicant would have been compliant with the 50 feet sideyard setback, however the placement of the structure when built was not parallel as shown on the plans, but rather placed at an angle.

In order to grant a variance, the Board shall make affirmative findings in five categories. Those categories are: the conformance to code 0100.2005-part A and B in Mankato Township Zoning ordinance, the use of property is in a reasonable manner, the circumstances are unique to the property that is not caused by the property owner, the request does not alter the essential character or the zoning district, and that the use is in harmony with Mankato Township Ordinances and Comprehensive Plan.

The proposed after the fact variance does not conform to the standards for granting a variance found in the Mankato Township ordinance section 0100.2005. There are not any special circumstances or conditions affecting the land, building, or use that do not apply generally to other properties in the same vicinity. When asked in the application, if the variance is in harmony with the purposes and intent of the ordinances, the applicant states the “shouse was incorrectly staked out at a skewed angle”. The applicant had space to keep his structure parallel to the southern property line and shift it further North. Placement of the structure is injurious to property or improvements in the area adjacent to the property of the applicant. The placement is too close to required setback and is not in uniform with other properties within the vicinity that have to follow to zoning ordinance per the Conservation district.

The property owners propose to use the property in a reasonable manner, however the placement of the structure is not in accordance with the Code standards. The use of the property will remain a one single family dwelling shouse that will be removed once the construction permit has been issued for the relocated development right on the subject property.

There are not circumstances that are unique to the property and not caused but the property owner. The Conservation District is intended to provide a district with protection and preservation of environmentally sensitive areas that may contain natural resources. The parcel containing the illegal nonconformity does have some environmentally sensitive areas, but they would not conflict with the placement of the structure being placed more northernly, in conformance with the code, than it is currently. When asked on the application if there are circumstances unique to the property, the applicant and owner of the shouse responded “no, nothing unique to the property”.

The request does alter the essential character of the Mankato Township and the Conservation district. All dwellings shall meet the required setbacks from their front, rear, and side yard in the district. However, the “shouse” does not align with the regulations set forth in Mankato Township Land Use Ordinance and is therefore altering the character of the district.

The proposed use is not in harmony with the general intent of Mankato Townships ordinance and is not consistent with the Mankato Township comprehensive plan. The general intent of the Mankato Township is to provide orderly development within all districts to conserve the character and to assure the appropriate use of land. By allowing an illegal non-conformity within the Conservation district, the township would not remain compliant with the zoning district ordinances, it would not be promoting orderly development, and it would not be an appropriate use of land.
 

Final Plat
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 Final 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 Final 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 Final 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 dedications of the public way for transpiration purposes.
9. The approval of the Final 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 only in a slightly different location.
11. The applicant will prevent, where possible, excessive governmental operating and maintenance costs.

 
After the Fact Conditional Use Permit

1. The proposed use conforms with the Township Land Use plan.
2. The demonstrated need for the previous use as a trail is allowed in Code. However, the expansion that occurred that impacted the bluff area is not an allowed use without first obtaining a conditional use permit. A condition is included herein that restores the bluff to its existing condition to the greatest extent possible, while allowing the previous use as a trail, not the primary access to the site.
3. The proposed use will not degrade the water quality of the Township if implemented with the proposed conditions. Erosion and other water quality issues could occur is the bluff is left in an unstable condition.
4. The proposed use will not adversely increase the quantity of water runoff if implemented with the proposed conditions. Erosion and other water quality issues could occur is the bluff is left in an unstable condition.
5. A recommended condition is included herein that the application hire an engineering to determined that the soil conditions are adequate to accommodate the proposed use.
6. Correction and long-term stabilization to the bluff will determine that the proposed use does not create a potential pollution hazard and a recommended condition is included herein.
7. Adequate utilities, access roads, drainage and other necessary facilities have been or are being provided. The access road, also known as a trail, shall be returned to its previous dimensions to the greatest extent feasible and the engineering shall demonstrate the methods to do so safely. Drainage will also need to be conforming with the recommended engineering report and corrections.
8. No changes have been made to affect sufficient off-street parking and loading space to serve the proposed use.
9. No changes have been made to affect traffic congestion or traffic hazards which may result from the proposed use.
10. The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted if implemented with the proposed conditions. Erosion and other water quality issues could occur is the bluff is left in an unstable condition.
11. The establishment of the Conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for predominant uses in the area if implemented with the proposed conditions. Erosion and other water quality issues could occur is the bluff is left in an unstable condition.
12. Adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration, so that none of these will constitute a nuisance and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result once measures, directed by a licensed engineer have been taken to stabilize the bluff.
13. The density of proposed residential development is not greater than the density of the surrounding neighborhood or not greater than the density indicated by the applicable Zoning District.
14. The site specific conditions and such other conditions are established as required for the protection of the public’s health, safety, morals, and general welfare if implemented with the proposed conditions. Erosion and other water quality issues could occur is the bluff is left in an unstable condition.

 
 
After the fact Variance

1. The proposed variance does not conform to the standards for granting a variance found in the Mankato Township ordinance section 0100.2005. Given that there are not any unique or special circumstances to the immediate surrounding area, the applicant obtains space to shift the structure north of the current placement.
2. The property owners propose to use the property in a reasonable manner. The existing use as a dwelling is allowed in the Town code.
3. There are not circumstances unique to the property that are not caused by the property owner. The applicant has constructed the shouse in required side yard setback, when there was adequate room to place the single-family dwelling 8 feet north.
4. The request does alter the essential character of Mankato Township in the Conservation district by not abiding in the required 50 feet side yard setback.
5. The proposed use is not in harmony with the general intent of Mankato Townships ordinance and is inconsistent with the Mankato Township comprehensive plan.

Final Plat
Based on conformance with the conditions of the preliminary plat, staff recommends approval of the final plat.
 
After the Fact Conditional Use Permit
Staff recommends approval of the After the Fact Conditional Use, for the unpermitted cutting of a bluff within the bluff zone with the following conditions:

1. The applicant shall apply for a Land Disturbance permit. Prior to any work occurring the applicant shall schedule an inspection with staff to verify that BMP’s have been installed to protect the existing wetland, and other environmentally sensitive areas.
2. It shall be the responsibility of the applicant to ensure erosion and velocity control structures are maintained in a condition that will insure continuous functioning.
3. Prior to the approval of a construction permit, the applicant shall submit the provisions for continued maintenance of the erosion control system.
4. The applicant shall submit a plan prepared by an engineer licensed to do work in the State of Minnesota. The plan shall demonstrate all attempts to restore the bluff to the previous condition using engineering methods. The plan shall include details on the bluff stabilization restoration method and permanent erosion control.
5. The applicant shall submit a professionally prepared landscaping plan that demonstrates how the bluff will be revegetated in order to ensure that long-term stability. 
6. Prior to the issuance of a construction permit for a new dwelling, or any additional work occurring on the site, the bluff correction shall occur.

 
After the Fact Variance
Staff recommends denial of the after-the-fact variance.