Council approves variance to build twin home 10 feet closer to Liberty Street

The City of New Ulm City Council on May 6 approved a variance that allows Sun Valley Properties LLC to construct twin homes 20 feet from the front property line at 13 and 15 Liberty Street, instead of the 30-foot setback required in the R-3 medium-density residential district.

City planner John Knisely summarized the staff report, saying the rear of the lots is wet because a steep slope causes groundwater to seep at the toe of the slope and that the proposed homes would align with neighboring houses. The Planning Commission recommended approval with two conditions: the developer must not cause water to flow from the subject lots onto neighboring lots, and the applicant must pay the cost to record the variance with the Brown County Recorder’s Office. The council motion to approve the variance with conditions passed by roll call.

Council discussion focused on the site’s topography and stormwater history. Knisely and councilors noted that the wetness at the back of the lots is persistent and that the developer plans a small swale and foundation tile to direct water to the stormwater system across Liberty Street. Councilors also discussed that recent grading on higher ground above the lots contributed runoff that exacerbated backyard flooding in the area.

A formal motion to approve the variance by resolution was offered and seconded; Director Jorgensen called the roll. Councilor Christian, Councilor Warmka, Councilor Schmitz, Councilor Mack and President Becker voted yes; the motion carried. The resolution approved the variance for Lot 7 and Lot 8 of the Minnesota River Valley Subdivision and adopted the Planning Commission conditions.

The council’s action is limited to the variance request and the conditions attached; the Planning Commission findings of fact and the recorded variance will provide the permanent public record of the conditions.