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Council denies variance request to subdivide 7086 Military Road; applicant said wetland divides parcel
Summary
The council denied a variance request to split a 6.1-acre property at 7086 Military Road into two lots that would each be roughly 2.5 acres exclusive of wetlands. Staff and the planning commission found the application did not meet the required findings for a variance; the applicant argued wetlands make half the property inaccessible.
The Woodbury City Council on Oct. 8 denied a variance request from property owner Nick Johnson to subdivide 7086 Military Road into two buildable lots that would fall short of the R‑2 district's three-acre minimum lot size (exclusive of wetlands).
Eric (Community Development staff) told the council the application did not meet the findings of fact required for a variance. He said the request conflicted with the city's zoning and comprehensive plan goals for natural-resource preservation and access management and noted wetlands are common in the R‑2 district; staff identified more than 50 R‑2 properties that are impacted by wetlands and said wetlands alone are not a unique circumstance that justifies a variance.
"The resolution in front of you this evening identifies that none of the findings are met on this application," staff said, noting the applicant could pursue other options such as rebuilding on the existing house footprint or acquiring adjacent property to meet the three-acre minimum.
Applicant Nick Johnson told the council his property includes roughly 6.1 acres gross but contains about 1.1 acres of wetland that "literally divides my land in half and renders the other half inaccessible," arguing that without access the western portion provides no reasonable use. He said the proposed lots would be roughly 2.5 acres exclusive of wetlands and argued he was seeking a narrowly targeted variance rather than a zoning change.
The planning commission unanimously recommended denial after discussing wetland mapping, the proposed lot layout and the lack of precedent for a variance of this type in the R‑2 zone.
During council discussion, staff said alternate solutions — for example, purchasing an adjoining strip of land or negotiating alternate maintenance access — remain options and that staff would be willing to explore access arrangements for maintenance purposes but that such access would be distinct from approving a new single‑family buildable lot.
Nut graf: Councilmembers who voiced support for denial cited the city's requirement that all variance findings be met, the common occurrence of wetlands across the R‑2 district and concern about setting a precedent for additional subdivisions that would not meet code standards.
Action and vote: A motion to deny the variance passed by roll call. Councilmembers Morris, Santini, Stafford and Mayor Burt recorded votes in favor of denial; the council chair announced the denial passed.
Ending: The applicant was credited for pursuing allowable processes; councilmembers said the broader issue of how the city counts ‘‘developable’’ acreage in areas with wetlands could be discussed during future comprehensive‑plan work.
