Adopt Resolutions #26-020 and #26-021 Approving the Preliminary Plat of "OShaughnessy Third Addition" and Variance to Scenic River Protection Overlay at 17201 St. Francis Blvd. NW.

In August 2025, the Planning Commission reviewed the sketch plan for a proposed four-lot rural subdivision named "OShaughnessy Third Addition."  The plat subdivides two existing parcels, 17201 St. Francis Boulevard NW and an adjacent vacant outlot, into four lots.  The existing home would remain on one of those lots and the other three would be available for new single-family home construction.  At that time, it was noted that the lot widths along the western side of the plat do not meet the 200-foot minimum, though they could with adjustment.  The Planning Commission considered a variance, as requested by the property owner, that was ultimately approved by the City Council.  It was also noted at the sketch plan review that the eastern portion would need a variance.  That variance is being considered with this preliminary plat review.  

The property is guided Rural Developing in the 2040 Comprehensive plan.  The property is zoned RR--Rural Residential and all four proposed lots meet the minimum 2.5 acre lot area.  The eastern portion of the plat extends into the Scenic River Protection Overlay District where lots need to have at least 300 feet of width (variance discussed below).  All lots will be served by private wells and septic systems.  

Roadways and Access
Three of the lots will access St. Francis Boulevard, a state highway.  The applicant has already gone through the permitting process and obtained residential driveway permits for the two new driveways and MNDOT is not requiring the installation of turn lanes or other modifications to the roadway.  The plat will dedicate additional right-of-way for St. Francis Blvd. to achieve the required 60-foot minimum half as required by the Subdivision Code.  The fourth lot will access Germanium St. NW, a local roadway.  

Natural Resources
From the EPB's January 12, 2026, review, it was noted that the City's Natural Resources Inventory (NRI) does identify a low-quality natural plant community that is located on what will primarily be Lot 2, but also covers portions of Lots 3 and 4 as well.  However, the Oak Woodland—Brushland natural plant community will not be disturbed as part of this subdivision.  There is already an existing home on Lot 2, so no tree removal is necessary there.  The portions of the natural plant community on Lots 3 and 4 are outside the limits of proposed construction for those lots as well.  

The Minnesota Land Cover Classification System identifies three (3) different cover types for the Subject Property.  The vast majority of the Subject Property is classified as 'planted or cultivated vegetation'.  However, a small portion in the northwest corner of the Subject Property is classified as 'urban with vegetative cover' and the Oak Woodland—Brushland is classified as 'woodland'.

The proposed subdivision does not include public roads or utilities (sanitary sewer or municipal water).  Therefore, the only impact on existing trees will be the construction of the homes and septic systems.  The Applicant has completed a tree inventory for trees within the limits of disturbance.  However, when the tree inventory is superimposed on an aerial image of the Subject Property, it becomes clear that the majority of existing trees will be preserved.  Existing trees also appear to satisfy the landscape requirements (two front yard trees per lot).  Thus, no landscape plan is required.

Variance
City Code Section 106-220(c) lists the "practical difficulties" that can be used to justify a variance:

(c) Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning code. "Practical difficulties," as used in connection with the granting of a variance, means:

(1) That the property owner proposes to use the property in a reasonable manner not permitted by the zoning code;
(2) The plight of the landowner is due to circumstances unique to the property not created by the landowner;
(3) The variance, if granted, will not alter the essential character of the locality.
(4) Economic considerations alone do not constitute practical difficulties;
(5) Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems; and
(6) Public takings of property due to condemnation.
(7) Variances shall be granted for earth sheltered construction as defined in Minn. Stats. § 216C.06, subd. 14, when in harmony with this chapter.

The Scenic River Protection Overlay requires a minimum lot width of 300 feet and lot width is measured at the minium setback (40 feet back from the front property line).  The proposed lot is 170.46 feet in width and it widens out behind the adjacent property to the south. The applicant is proposing the building site in this wider area.  With that, our Area Hydrologist with the Minnesota Department of Natural Resources stated that there is no concern with granting the variance.  Staff is recommending a condition of the variance that the area encumbered by the Overlay is platted with a large drainage easement so that it is not buildable should a future buyer decide a house or accessory building is desired in that area.  With the house setback outside the Overlay area, then practical difficulty #3 can be used.  

Encroachments
It is noted that there are encroachments on the property.  The home to the southeast has a paved and unpaved driveway/parking pad crossing the property line.  The plans note that this encroachment will be removed.  As seen from aerial photos, there are also paths crossing the property from the house to the northeast, also owned by the property owner.  These paths must be abandoned with the ground cover restored as they would cross a property that the O'Shaughnessy's are intending to sell and a cross-access private driveway is not advised. 

 

Public notification was mailed to property owners within 700 feet of the site.  A legal notice was placed in the January 9, 2026, Anoka Union Herald Newspaper.  Signs were placed on the property along St. Francis Blvd. NW and Germanium St. NW.  

Alternatives to Consider
1.  Approve the preliminary plat and variance as requested by the property owner and recommended by the EPB, Planning Commission, and staff.
2.  Approve with modifications.
3.  Deny the preliminary plat and/or variance based on specific findings.

All costs associated with this proposal are the responsibilty of the applicant.  

The EPB, Planning Commission, and Staff recommend approval of the preliminary plat and variance.

Motion to adopt Resolution #26-020 approving the preliminary plat of "OShaughnessy Thrid Addition" and Resolution #26-021 approving a variance to lot width in "OShaughnessy Third Addition."