CYM06-25

Request of Chad Borgmeier, with permission of the property owner, for a conditional use permit to transfer the residential development right from the northern portion of parcel R430926200005 and R430926200007, the northwest quarter of the northeast quarter in Section 26, Township 108N, Range 26W, to the contiguous quarter-quarter section, the southwest quarter of the northeast quarter of Section 26, Township 108N, Range 26W. The subject parcel to receive the development right, southern portion of Blue Earth County PID R430926200005 and R430926200005, is described as the southwest quarter of the northeast quarter, Section 26, Township 108N, Range 26W. The subject parcel sending the development right is described as the northwest quarter of the northeast quarter, Section 26, Township 108N, Range 26W, Blue Earth County. (Blue Earth County PID R430926200005 and R430926200007).

The applicant, Chad Borgmeier, with permission of the property owner, Roger and Patricia Borgmeier.
 

Request of Chad Borgmeier, with permission of the property owner, for a conditional use permit to transfer the residential development right from the northern portion of parcel R430926200005 and R430926200007, the northwest quarter of the northeast quarter in Section 26, Township 108N, Range 26W, to the contiguous quarter-quarter section, the southwest quarter of the northeast quarter of Section 26, Township 108N, Range 26W. The subject parcel to receive the development right, southern portion of Blue Earth County PID R430926200005 and R430926200005, is described as the southwest quarter of the northeast quarter, Section 26, Township 108N, Range 26W. The subject parcel sending the development right is described as the northwest quarter of the northeast quarter, Section 26, Township 108N, Range 26W, Blue Earth County. (Blue Earth County PID R430926200005 and R430926200007).

Blue Earth County PID R430926200005 and R430926200007.
 

The land consists of 34.85 acres of tilled farmland.

The site is zoned Agricultural by the Mankato Township Zoning Ordinance.
 

There is a ravine located centrally throughout the parcel(s).

The Mankato Township Land Use Ordinance can be found at this link: Mankato Township Land Use Ordinance
 

Request of Chad Borgmeier for a conditional use permit to transfer the residential development right from the northern portion of parcel R430926200005 and R430926200007, the northwest quarter of the northeast quarter in Section 26, Township 108N, Range 26W, to the contiguous quarter-quarter section, the southwest quarter of the northeast quarter of Section 26, Township 108N, Range 26W. The subject parcel to receive the development right, southern portion of Blue Earth County PID R430926200005 and R430926200005, is described as the southwest quarter of the northeast quarter, Section 26, Township 108N, Range 26W. The subject parcel sending the development right is described as the northwest quarter of the northeast quarter, Section 26, Township 108N, Range 26W, Blue Earth County. (Blue Earth County PID R430926200005 and R430926200007).

The applicant is requesting a conditional use permit to transfer/send the development right from northern portion of the parcels ending in 0005 and 0007 located in the northern quarter quarter section (labeled Sending Quarter Quarter) to the Southern quarter quarter section (labeled Receiving Quarter Quarter) into the southern portion of the parcels ending in 0005 and 0007 as seen in the enclosed site plan. Additionally, in the receiving quarter quarter section the applicant is proposing to place a home located in the southern portion of the parcels and is labeled development area in the enclosed site plan.

According to Mankato Township Land Use Ordinance, Section 0100.0604 Density Regulations for Dwellings, subpart 4 Transfer of Development Rights, “development rights may be transferred to a contiguous quarter quarter section, upon obtaining a conditional use permit.” The applicant has applied for a conditional use permit to transfer development rights from northern portion of parcels R430926200005 and R430926200007 to the southwestern portion of the said parcels for the purposes of constructing a residential dwelling. Additionally, the Mankato Township Land Use Ordinance states, “the transfer shall not allow the establishment of more than four (4) dwellings in a quarter quarter section”. There are currently two dwellings located in the southern portion of the receiving quarter quarter section and with the approval of the Conditional Use permit there would be a total of three dwellings. The request complies with the density requirements given that the receiving quarter quarter section does not exceed the maximum number of homes per quarter quarter section.

The proposed location of the dwelling to be placed on the receiving quarter quarter section (PID R430926200007) will be located on the southwest portion the parcel.  Any future development shall adhere to the Mankato Township Land Use Ordinance and the applicant shall obtain a construction permit prior to the commencement of work for the single-family dwelling. Any changes to proposals to change property lines will require an administrative land split. Additionally, at the time of construction permitting, septic and well placement shall be coordinated and approved by Blue Earth County Septic System and Well.
 

Staff respectfully submits the following findings of fact for the proposed Conditional Use Permit:

1. The proposed use is determined to be a conditional use per the Agricultural Mankato Township Zoning district. Section 0100.0604 Subp.4. of the Mankato Township Land Use Ordinance states that development rights may be transferred to a contiguous quarter-quarter section, upon obtaining a Conditional use Permit.
2. The proposed use is considered a conditional use permit as per Section 0100.0604 subpart 4 of the Mankato Township Land Use Ordinance states that development rights may be transferred to a contiguous quarter-quarter section, upon obtaining a Conditional Use Permit, and subject to Section 17 and the following: The transfer shall not allow the establishment of more than four (4) dwellings in a quarter-quarter section.
3. The proposed use conforms with the Township Land Use plan by aligning with the Township’s intent to cause growth progress in an orderly and harmonious fashion. And this is accomplished by this receiving quarter quarter section not exceeding more than four residential dwellings within the Agricultural zoning district.
4. The demonstrated need for the proposed use is to add a development right to parcel R430926200007 for residential use.
5. The proposed use will not degrade the water quality of the Township.
6. The proposed use will not adversely increase the quantity of water runoff.
7. The soil conditions will need to be deemed adequate to accommodate the proposed use and will be evaluated at the time construction permitting.
8. The proposed use does not create any known pollution hazard.
9. Adequate utilities, access roads, drainage and necessary facilities have been or are being provided. Conditions have been included that require construction permits and access permits from appropriate authorities.
10. Adequate measures to provide sufficient off-street parking and loading space to serve the proposed use do not apply to this project. Any future residential dwellings will need to provide sufficient parking per the Mankato Township Land Use Ordinance.
11. Facilities to eliminate any traffic congestion or tragic hazard which may result from the proposed use, is not applicable given the request does not cause traffic. However, in the future, when the applicant applies for a construction permit for a residential dwelling, a condition has been included herein to ensure compliance. 
12. The conditional use will not be injurious to the use and enjoyment of the other property in the immediate vicinity for the purposes already permitted since the request is to transfer development rights and will not cause any changes to the general area. 
13. 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. The proposed use is intended to continue the preservation of agricultural land and prevent scattered development.
14. Adequate measures will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, so that none of these will constitute a nuisance as outlined in Section 0100.0601 of the Mankato Township Land Use Ordinance.
15. The density of the proposed development is not greater than the density of the surrounding neighborhood or not greater than the density indicated by the applicable Zoning District. Meaning, the additional development right, if approved, would be in compliance with the allowed amount of 4 homes within a quarter quarter section, since the addition would bring the total amount of homes to three.
16. 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.

Staff recommends approval of the Conditional Use Permit with the following conditions:

1. Any future development must adhere to the Mankato Township Land Use Ordinance.
2. The applicant shall place a deed restriction on the title of the sending quarter-quarter section that outlines that the development right for said parcel(s) has been transferred and that there are no remaining development rights for the subject parcels. The deed restrictions shall be recorded prior to the submission of any construction permits.
3. Future lot splits for purposes of the new residential site shall conform to the Mankato Township Land Use Ordinance.
4. The applicant shall work with Blue Earth County to determine that there are no wetlands present upon the receiving parcel, or if wetlands are present, they are appropriately addressed prior to the submission of a construction permit for the new dwelling.
5. The applicant shall work with the Mankato Township Road supervisor to receive approval for an access point for the new driveway that will serve the proposed residential site.
6. A construction permit from Mankato Township shall be in place prior to the start of any future construction activities.
7. A land disturbance permit shall be in place prior to the start of any future land disturbance work.
8. Septic and well placement shall be coordinated and approved by Blue Earth County prior to the issuance of the construction permit.