CYM07-25

Request of Sam Schneider, with permission of the property owner, for a conditional use permit to transfer the residential development right from parcel R430936200005, the southwest quarter of the northeast quarter in Section 36, Township 108N, Range 26W, to the contiguous quarter-quarter section, the northeast quarter of the northwest quarter of Section 36, Township 108N, Range 26W. The subject parcel to receive the development right, Blue Earth County PID R430936100013, is described as the North Half of the Northwest Quarter of Section 36, Township 108 North, Range 26 West. The subject parcel sending the development right is described as the southwest quarter of the northeast quarter, Section 36, Township 108N, Range 26W, Blue Earth County. (Blue Earth County PID R430936200005 and 430936100013).

The applicant is Sam Schneider, with permission of the property owner, Harold Drummer.
 

Request of Sam Schneider, with permission of the property owner, for a conditional use permit to transfer the residential development right from parcel R430936200005, the southwest quarter of the northeast quarter in Section 36, Township 108N, Range 26W, to the contiguous quarter-quarter section, the northeast quarter of the northwest quarter of Section 36, Township 108N, Range 26W. The subject parcel to receive the development right, Blue Earth County PID R430936100013, is described as the North Half of the Northwest Quarter of Section 36, Township 108 North, Range 26 West. The subject parcel sending the development right is described as the southwest quarter of the northeast quarter, Section 36, Township 108N, Range 26W, Blue Earth County. (Blue Earth County PID R430936200005 and R430936100013).
 

Blue Earth County PID R430936100013.
 

The land consists of 48.89 acres of tilled farmland.

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

There are environmentally sensitive areas on the parcel. There is a wetland area identified on the national Wetlands Inventory and a portion of shoreland in the Northwestern corner of the parcel. Additionally, the parcel contains ravines in the upper Northwest and Northeast perimeter of the parcel.

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

Request of Sam Schneider, with permission of the property owner, for a conditional use permit to transfer/send the residential development right from parcel R430936200005, the southwest quarter of the northeast quarter in Section 36, Township 108N, Range 26W, to the contiguous quarter-quarter section, the northeast quarter of the northwest quarter of Section 36, Township 108N, Range 26W. The subject parcel to receive the development right, Blue Earth County PID R430936100013, is described as the North Half of the Northwest Quarter of Section 36, Township 108 North, Range 26 West. The subject parcel sending the development right is described as the southwest quarter of the northeast quarter, Section 36, Township 108N, Range 26W, Blue Earth County. (Blue Earth County PID R430936200005 and R430936100013).

The applicant is requesting a conditional use permit to transfer/send the development rights from the parcel ending in 0005 (labeled Sending Quarter Quarter) and transferring into the receiving parcel ending in 0013 (labeled Receiving Quarter Quarter) in the enclosed Site plan. Additionally, in the receiving quarter quarter the applicant is proposing to place a home located in the Northeast, 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 parcel R430936200005 to R430936100013 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 is currently one dwelling located in the Northeast corner of the receiving quarter quarter section and with the approval of the Conditional Use permit there would be a total of two 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 R430936100013) will be located west of 597^th lane and south of the existing home within the section. 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.
 

Staff recommends 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 R430936100013 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 by the Township Maintenance Supervisor.
8. The proposed use does not create a potential 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 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 two.
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 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 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.