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Agenda - Council - 10/13/2026
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Agenda - Council - 10/13/2026
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10/13/2026
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four (4) lots in the Scenic River Protection Overlay District that abut either the Rum River or Trott Brook, which is a <br />tributary of the Rum River, all exceed four (4) acres in size. Due to the fact that a portion of the Subject Property is within <br />the Scenic River Protection Overlay District, Staff did forward the Preliminary Plat plan set to the Minnesota Department of <br />Natural Resources (DNR) for review and comment. The DNR had no specific comments or objections to the plat. <br />All lots appear to comply with the minimum lot width standards in the Rural Residential Zoning District and the Scenic <br />River Protection Overlay District. Proposed lot sizes range from 2.69 acres to 8.99 acres, which all comply with the bulk <br />standards of both the zoning district and overlay district. Due to the location of the permanent road easement for the Erkium <br />Street corridor, the depth of the two proposed lots on the east side of this easement is limited to 185 feet. However, in the <br />Rural Residential Zoning District, the minimum required lot depth is 200 feet. Due to this deficiency, a variance to lot depth <br />is necessary. Staff is supportive of this variance because shifting the road corridor to the east to meet the 200-foot lot depth <br />requirement would result in more tree loss, extensive grading, and the proposed lot depth is essentially equivalent to the lot <br />depth of many of the existing lots abutting the eastern boundary of the Subject Property. Should the City Council not <br />support the variance, the Erkium Street corridor will need to be shifted west to achieve the minimum required lot depth. <br />This will result in greater tree loss, but the project would likely comply with the removal limit of sixty percent (60%) of the <br />Significant Tree DBH inches. <br />Streets <br />The subdivision will be accessed via a southerly extension of Erkium Street. Presently, this corridor is encumbered with a <br />Road Easement extending south from 177th Avenue to the northern border of 17400 Erkium Street, where it connects to the <br />dedicated right-of-way established with the Riverbrook plat. There is a private driveway within this Road Easement serving <br />17400 Erkium Street (and 17500 Erkium Street, which is not part of this subdivision) that will need to be upgraded to meet <br />the City's public road standards. Additionally, an east / west road will be constructed to the western boundary of the Subject <br />Property. Should the land to the west ever develop in the future, this east / west road could be extended and connected to the <br />177th Avenue segment west of the Subject Property, and the temporary cul-de-sac would be eliminated. This new road <br />segment exceeds the 600-foot maximum cul-de-sac length set forth in the Subdivision Code (Chapter 117). However, after <br />consultation with the City Attorney, this is not being designed as a true, permanent cul-de-sac and thus, Staffs interpretation <br />is that a variance is not necessary due to the 'temporary' nature of this turn -around. <br />Both roads will be built to rural section road standards with some areas having concrete curbing for storm water <br />management. MN State Fire Code requires a minimum width of at least twenty-six (26) feet, with parking restricted to one <br />side of the street due to its length. Both streets are proposed to have a paved width of twenty-six (26) feet and the plans do <br />show no parking signs on one side of each of the two streets. The bulb of each cul-de-sac will have a paved diameter of 100 <br />feet, in accordance with the City's subdivision design standards. <br />The revised Preliminary Plat includes a reduced length of Erkium Street, which is now approximately 260 feet shorter than <br />originally proposed. The reduced length eliminates the need for retaining walls, which had been identified as a maintenance <br />concern by Staff, while also slightly reducing the amount of impervious surfacing. The cul-de-sac bulb now terminates <br />roughly at the boundary between 17400 and 17650 Erkium Street. Conversely, this will result in longer shared driveways for <br />a couple of lots and Shared Access and Maintenance Agreements will need to be executed (for Lots 1-4, Block 3, and 17500 <br />Erkium Street NW) and recorded along with the Final Plat and Development Agreement. <br />Utilities <br />The Subject Property is outside the 2040 MUSA boundary. Therefore, all proposed Tots will need to be served by private <br />wells and septic systems. The Preliminary Plat identifies locations for both the primary and alternative sites for septic <br />systems on each lot. The Applicant has provided a septic report, which included soil borings for each lot in the Preliminary <br />Plat. It does appear that each lot has sufficient soil to accommodate both a primary and alternate septic location. <br />Wetlands/Floodnlain <br />There are multiple wetlands across the Subject Property. The Applicant has completed the wetland delineations, which must <br />be reviewed and approved by the Lower Rum River Watershed Management Organization (LRRWMO). The Preliminary <br />Plat does include drainage and utility easements extending at least 16.5 feet beyond the delineated wetland boundaries. <br />There are also floodplains present over the southern portion of the Subject Property. None of the proposed home locations <br />appear to be within a floodplain. However, at the time of home construction, an Elevation Certificate or an As -Built Grading <br />Survey will be required for Lots 2-4, Block 3, to verify that the homes on these lots are properly elevated above the Base <br />Flood Elevation (BFEs). This will also benefit future homeowners regarding whether flood insurance is required or not. <br />Existing Conditions <br />The Subject Property is heavily wooded and, as previously noted, also contains wetlands and floodplains. The City's Natural <br />Resources Inventory (NRI) identifies a high -quality mesic oak forest over a large portion of the Subject Property. Due to the <br />natural features of the site, the Applicant is proposing to custom grade many of the lots, to try and minimize impacts. The <br />submittal did include a Tree Inventory and Preservation Plan. In residential developments, City Code restricts tree removal <br />
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