OR VAR Page 1. Oronoco Township Board of Adjustment June 4, 2018

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1 OR VAR Page 1 Rochester-Olmsted Planning Department Oronoco Township Board of Adjustment June 4, 2018 Prepared by: Request: Location: Zoning: Rochester-Olmsted Planning Department Staff Oronoco Township Variance #OR VAR by Blaine and Chelsie Bertsinger to allow a non-farm parcel to be created and a dwelling built closer than the required 1/4 mile to an existing feedlot. The request includes a variance to allow the proposed non-farm parcel to be split without the required acre of soil with crop equivalency value at or below 55 rating. The request is located on parcel , north of County State Aide Highway 12, in the SW 1/4 of the NW 1/4, Section 8 T108N R14W. A-2 Agricultural District ACTION ITEMS Variance 1. To build a non-farm dwelling closer than ¼ mile to an existing registered feedlot. 2. To create a buildable non-farm parcel with less than 1 acre of soil with a crop equivalency rating (CER) of 55 CER or below. BACKGROUND INFORMATION Background The property is currently owned by Leland and Lori Glabe. The property is currently a 55 acre farm parcel that is split across section 7 and 8 of Oronoco Township and thereby split into two tax parcels. The applicant wishes to split approximately 3 acres from the 55 acre parcel to build a dwelling. The proposed parcel would be adjacent to County State Aide Highway 12. The Glabe farmyard is classified as a feedlot. The Olmsted County Feedlot Officer, Martin 2122 Campus Drive SE, Suite 100, Rochester MN =

2 OR VAR Page 2 Larsen, has indicated that the feedlot currently houses less than 30 animal units, and therefore does not meet the definition of a feedlot according to the Oronoco Zoning Ordinance. Staff still suggests acting on the variance, since the feedlot is registered its number of animal units can fluctuate. Not granting a variance could limit the current operation to stay below 30 animal units based on section section D of the Oronoco Township zoning ordinance which states: A proposed new feedlot must be located one quarter (1/4) mile from the nearest exterior surface of a non farm dwelling, church, school, or property line of a public park to the nearest point of the feedlot enclosure. New non-farm dwellings in the A-1, A-2, and A-3 districts shall not be located less than ¼ mile from an animal feedlot as required by Section 5.02 (C) (4), and Section 5.04 (C) (4). Zoning Ordinance Standards Section 5.02 A-2 Agricultural District, Section C C. Standards for Non-Farm Lots or Dwellings: Non-farm lots or dwellings shall be permitted only when they comply with all of the following standards: 1. No more than one non-farm lot per quarter-quarter section. Should a quarterquarter section contain a buildable non-farm lot, no additional dwelling shall be permitted. The proposed non-farm parcel would be the only non-farm parcel within the SW ¼ of the NW ¼ of Section 8 T108N, R14W. 2. Any non-farm lot shall contain at least one (1) acre of non-prime agricultural soils with a crop equivalent rating of 55 or less. When a dwelling, which is not a mobile home, existed in its present location prior to April 16, 1983, this standard shall not apply. A variance is being sought for this requirement. The crop equivalency rating (CER) for the soils in the non-farm parcel has a rating of 95 CER. 3. No non-farm dwelling shall be permitted in areas identified as wetlands or flood plain. The area is not identified as wetlands nor floodplain. 4. No non-farm dwelling shall be located within one-fourth (1/4) mile of an animal feedlot or manure storage facility not located on the same non-farm lot. There is a registered feedlot with ¼ mile of the request. A variance would allow the feedlot to continue and grow beyond 30 animal units regardless of the location of the non-farm dwelling. ANALYSIS AND FINDINGS The following findings conclude that the criteria for granting the variances are met and Planning Staff has following recommendations for the variances: 2122 Campus Drive SE, Suite 100, Rochester MN =

3 OR VAR Page 3 1. Approve the variance to build a non-farm dwelling closer than ¼ mile to an existing registered feedlot. 2. Approve the variance to allow a non-farm parcel to be split with no soils with a crop equivalency rating of 55 or below instead of the one (1) acres of soils with a rating of 55 CER or below required. According to Section 4.08 in the Oronoco Township Zoning Ordinance, a variance from a provision of this zoning ordinance may be granted by the Board of Adjustment in those cases where the zoning ordinance is found to impose unnecessary hardship to a property owner. The Board of Adjustment may not permit as a variance any use that is not permitted for the property in the district where the affected person s land is located. A. Criteria for Granting a Variance: A variance may be granted only when the applicant for the variance establishes that there are practical difficulties in complying with the official control. Economic considerations do not constitute practical difficulties. The Oronoco Board of Adjustment must find evidence that all of the following facts and conditions exist: 1. There are extraordinary conditions or circumstances, such as irregularity, narrowness, or shallowness of the lot or exceptional topographical or physical conditions which are peculiar to the property and do not apply to other lands within the neighborhood or the same class of zoning district; The feedlot is owned by the applicant s father. The feedlot does meet the number of animal units required to be a feedlot that requires it to meet setbacks, but since it is a registered feedlot allowing the variance will allow the feedlot to exceed 30 animal units in the future without the need for another variance. None of the property has a crop equivalency rating below 60. The applicants are choosing the least obstructive area to agricultural production by selecting the area closes to the road. The applicant also states the area of the non-farm dwelling also is not the highest yielding area and is not as productive as the CER scale suggests. 2. The extraordinary conditions or circumstances are due to circumstances unique to the property not created by the landowner; The extraordinary conditions or circumstance are not created by the landowner. There is no area within the current farm parcel to create a non-farm parcel while meeting setbacks to the feedlot and including an acres of soil with a crop equivalency rating of 55 CER or below. 3. The variance is necessary to overcome practical difficulties in complying with the zoning ordinance so that the property can be used in a reasonable manner not permitted by the ordinance; The request is reasonable. This would be the only non-farm parcel within the SW ¼ of the NW ¼ of Section 8 T108N R14W Campus Drive SE, Suite 100, Rochester MN =

4 OR VAR Page 4 4. The variance will not be materially detrimental to the public welfare or materially injurious to other property in the area, and will not alter the essential character of the locality; The granting of this variance request would not be of substantial detriment to adjacent properties and does not appear to be detrimental to the public welfare. 5. The variance is in harmony with the general purpose and intent of this ordinance; and The request is in harmony with the general purpose and intent of the ordinance. The proposed non-farm parcel would eliminate the need for a long driveway to cut through agricultural land and would keep the balance of the farmland intact. Also, the feedlot owner supports the variance to allow the dwelling in the proposed location. 6. The terms of the variance are consistent with the comprehensive plan. The request is consistent with the goals and policies of the Oronoco Township Land Use Plan because the proposed non-farm parcel would be minimal and will allow for the remainder of the farmland to remain intact. Planning Staff Recommendation The above findings support approval for the following variances: 1. Variance to build a non-farm dwelling closer than ¼ mile to an existing registered feedlot with the following condition: a. An access permit must be received from County Public Works for access onto CSAH Variance to allow a non-farm parcel to be split with no soils with a crop equivalency rating of 55 or below instead of the one (1) acres of soils with a rating of 55 CER or below required. ATTACHMENTS 1. Referral Comments 2. Aerial Map 3. Notification Map 4. Applicant Submittals 2122 Campus Drive SE, Suite 100, Rochester MN =

5 From: To: Subject: Date: Kruckenberg Stephanie Davis Beth FW: Referral OR VAR.pdf Friday, May 4, :15:00 PM Thanks! Stephanie Kruckenberg Clerk Specialist II Rochester-Olmsted Planning Department 2122 Campus Drive SE, Suite 100 Rochester, MN Phone: Fax: From: Ripley Ron Sent: Friday, May 04, :52 PM To: Kruckenberg Stephanie Subject: RE: Referral OR VAR.pdf My only comment Is that the 40 by 60 shed being built would not fall under the exemption requirements from the building cod and would have to be built to the state building code requirements Ag building From: Kruckenberg Stephanie Sent: Friday, May 04, :08 PM To: Campion Dawn Corey Hanson PW Service Delano Dan Gary Fitterer Heather Peterson - Dept of Public Works <hpeterson@rochestermn.gov>; Inspections <Inspections@CO.OLMSTED.MN.US>; jekappers@rochester.k12.mn.us; Jim Mosser <jjmosser@charter.net>; John Sonnek - Pine Island Telephone <jsonnek@bevcomm.com>; Justin Watkins (justin.watkins@pca.state.mn.us) <justin.watkins@pca.state.mn.us>; Khan Muhammad <khan.muhammad@co.olmsted.mn.us>; Krupski Mark <krupski.mark@co.olmsted.mn.us>; Larry Allen - BevComm <lallen@bevcomm.com>; Lyle Wilson - BEVCOMM <lwilson@bevcomm.com>; Mark Baker <mbaker@rochestermn.gov>; Larsen Martin <larsen.martin@co.olmsted.mn.us>; Michael Bjoraker <mbjoraker@rochestermn.gov>; Michael Nigbur <mnigbur@rochestermn.gov>; Nicole Lehman - Area Hydrologist <nicole.lehman@state.mn.us>; opacmn@aol.com; Patrick Ellinghuysen_Centurylink <patrick.ellinghuysen@centurylink.com>; rdkpitc@pitel.net; Reiter Charlie <reiter.charlie@co.olmsted.mn.us>; Richard Freese <rfreese@rochestermn.gov>; Ron Muller <ron.muller@chartercom.com>; Rory Lenton (rdlenton@minnesotaenergyresources.com) <rdlenton@minnesotaenergyresources.com>; Russell Halgerson <rhalgerson@peoplesrec.com>; Sally Dick - DNR <sally.dick@state.mn.us>; Bennett Scott <bennett.scott@co.olmsted.mn.us>; Langer Skip <Langer.skip@CO.OLMSTED.MN.US>; Steve Hauge <steve.hauge@centurylink.com>; Tim Clawson (tclawson@peoplesrec.com) <tclawson@peoplesrec.com>; Tom Livingston

6 From: To: Cc: Subject: Date: Larsen Martin Planning Referrals Langer Skip Oronoco Township Variance #OR VAR Thursday, May 10, :51:44 AM In regards to the Variance request #OR VAR The Leland Glabe Farm (Reg. #109449) has 10 animal units registered as of the current registration. The Township definition of a feedlot is met at 30 AU. Because there are not enough animals on site to meet the township definition, a variance for the feedlot setback should not be required. Sincerely, Martin Larsen Olmsted County Feedlot Technician 2122 Campus Drive SE Rochester, MN Larsen.Martin@co.olmsted.mn.us

7 Aerial Map of Oronoco Township Variance #OR VAR by Blaine and Chelsie Bertsinger to allow a nonfarm parcel to be created and a dwelling built closer than the required 1/4 mile to an existing feedlot. The request includes a variance to allow the proposed non-farm parcel to be split without the required acre of soil with crop equivalency value at or below 55 rating. The request is located on parcel , north of County State Aide Highway 12, in the SW 1/4 of the NW 1/4, Section 8 T108N R14W. SITE EW hite B ri dge Rd 0 2 Ave NW Legend 250 Centerlines 500 1,000 Feet This map prepared by the GIS Division, Rochester-Olmsted County Planning Department. Olmsted County is not responsible for omissions or errors contained herein. If discrepancies are found within this map, please notify the GIS Division, Rochester-Olmsted County Planning Department, 2122 Campus Drive SE Rochester MN (507) OR2018_002VAR_Parcel Parcels Map Date: 05/23/2018 µ

8 500 ft. Notification Area of Oronoco Township Variance #OR VAR by Blaine and Chelsie Bertsinger to allow a nonfarm parcel to be created and a dwelling built closer than the required 1/4 mile to an existing feedlot. The request includes a variance to allow the proposed non-farm parcel to be split without the required acre of soil with crop equivalency value at or below 55 rating. The request is located on parcel , north of County State Aide Highway 12, in the SW 1/4 of the NW 1/4, Section 8 T108N R14W. Ash Rd NW 130 St NW 44 Ave NW County Rd 18 NW SITE Hwy 52 NW Vintage Rd NW Lake Shady Ave N Hwy 5 St SE 52 NW ,500 3,000 Feet Territory Ln NW 5 St NW 2 Ave NW E White Bridge Rd 4 St NW 1 Ave NW 1 Ave NE 5 St NE 2 Ave NE Stolp Ln NW Cemetery St NE Legend Centerlines White Bridge Rd NW City Limits OR2018_002VAR_Parcel OR2018_002VAR_ROWparcels_buffer Rivers OR2018_002VAR_500ft_buffer Parcels This map prepared by the GIS Division, Rochester-Olmsted County Planning Department. Olmsted County is not responsible for omissions or errors contained herein. If discrepancies are found within this map, please notify the GIS Division, Rochester-Olmsted County Planning Department, 2122 Campus Drive SE Rochester MN (507) Map Date: 05/23/2018 µ

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