Planning commission recommends denial of variance to split Military Road property encumbered by wetlands

The Woodbury Planning Commission on Monday recommended denial of a variance request to allow two buildable lots on a property at 7086 Military Road, finding the application did not meet the city code’s required findings for granting a variance.

City staff presented the application from property owners Nick and Kelly Johnson. The parcel is zoned R-2 Single Family Estate District, which requires a minimum lot area of three acres exclusive of wetlands. Staff said a wetland delineation shows 1.116 acres of wetlands on the site, reducing the area exclusive of wetlands to about 4.98 acres. Staff reported that, after accounting for required wetland buffers (a 25-foot undisturbed buffer around delineated wetlands under city code section 27-15), neither of the proposed lots would meet the three-acre requirement exclusive of wetlands. The proposed subdivision showed Lot A at about 3.03 acres and Lot B at about 3.07 acres, but staff said those figures do not meet the ordinance when wetlands and required buffers are excluded.

Staff recommended denial, explaining that city code and state statute require all findings of fact be met before a variance may be approved; staff said none of the required findings were satisfied. Staff also noted that the variance would set a precedent for future subdivisions in the R-2 district and discussed alternatives such as applying for a zoning ordinance amendment or acquiring additional upland from adjacent parcels.

Nick Johnson, the property owner, spoke to the commission and said the wetland effectively divides and limits access to the western portion of the property, making much of that acreage unusable for development without creating a new access point. He argued the lot is “unique” in that half of the parcel is practically inaccessible and described his intent to retain vegetation and avoid significant disruption. Johnson said he did not receive a wetland delineation at the time of purchase and that the delineation on file was completed in early spring of 2025.

Commissioners questioned whether the parcel’s characteristics met the narrow “uniqueness” standard for a variance. Commissioners noted Woodbury lacks city water and sewer and fire hydrants in that area, and that past lot-size variances are rare. Several commissioners said the request failed the “practical difficulties” and precedent tests required under the findings of fact. Commissioners also discussed the Wetland Conservation Act; staff said filling wetlands to enable subdivision would be unlikely under state wetlands rules and that avoidance is a primary objective. Staff noted options such as acquiring adjacent upland, but the applicant said nearby upland is steep and not suitable for building.

A commissioner moved to deny case number 29-2025-00580; the motion passed on a voice vote. The commission’s recommendation to deny will be transmitted to the City Council, which will hold a public hearing on Oct. 8, 2025. The planning commission record includes notes that a neighborhood meeting for the proposal was held Sept. 15, 2025, with six adjacent residents attending and asking about driveway access, timing and the subdivision process.

The staff report referenced the Wetland Conservation Act and city code section 27-15 (protection of wetlands) in its analysis. Staff said lot-size variances have been granted in the past only in limited circumstances (for example, where public right-of-way takings reduced an existing parcel below the minimum), and that setback variances are more common than lot-size variances in Woodbury.