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Issue · Development project
Status: active · Jan 12, 2021 — Apr 8, 2025
Dryden Acres residential development project on Jason Dryden's land at 6700 Viking Blvd NW. Spans CUP amendment (2021), preliminary plat (2022), final plat (2024), and ongoing implementation through 2025.
Filed: ? · Hearing: ? · Decided: ?
Preliminary Plat application for Dryden Acres subdivision involving Lots 1-3, Block 1, and Outlot A, submitted by Deb & Randy Dryden.
Filed: ? · Hearing: ? · Decided: ?
Request for Variance from lot width requirements on Lot 3 and Variance for zero lot line setback for existing driveway on Lot 3 in Dryden Acres.
Filed: ? · Hearing: ? · Decided: ?
Request for approval of a 4-lot Preliminary Plat for Dryden Acres at 6660 and 6700 Viking Blvd.
Filed: ? · Hearing: ? · Decided: ?
Request for variances for lot width and driveway setback to lot line on Lot 3 of Dryden Acres.
Filed: ? · Hearing: ? · Decided: ?
Randy and Deb Dryden request approval of Preliminary Plat to subdivide 3 existing lots into 4 parcels with street right-of-way dedication and cul-de-sac establishment.
Filed: ? · Hearing: ? · Decided: ?
Randy and Deb Dryden request Variance for one lot which does not meet the required 300-foot lot width at the building setback line.
Filed: ? · Hearing: ? · Decided: ?
Variance request for lot width requirements on Lot 3, Block 1 to allow 139-foot width instead of 300 feet.
Filed: ? · Hearing: ? · Decided: ?
Request for approval of a 4-lot Preliminary Plat for Dryden Acres at 6660 and 6700 Viking Blvd.
Filed: ? · Hearing: ? · Decided: ?
Request for variances for lot width on Lot 3 and zero lot line driveway setback on Lot 3 in Dryden Acres subdivision.
Filed: ? · Hearing: ? · Decided: ?
Variance request for lot width requirements on Lot 3, Block 1 in Dryden Acres.
The final plat, variance, and development agreement for Dryden Acres must comply with the conditions outlined in the attached Findings of Fact.
“APPROVE THE FINAL PLAT OF DRYDEN ACRES, VARIANCE TO ALLOW A LOT WIDTH OF 139 FEET ON LOT 3, BLOCK 1, AND THE DEVELOPMENT AGREEMENT SUBJECT TO THE CONDITIONS AS OUTLINED IN THE ATTA…”
Adopted by motion: "MOTION BY COUNCIL MEMBER RAINVILLE SECOND BY BLAKE TO APPROVE THE FINAL PLAT OF DRYDEN ACRES, VARIANCE TO ALLOW A LOT WIDTH OF 139 FEET ON LOT 3, BLOCK 1, AND THE DEVELOPMENT AGREEMENT SUBJECT TO THE CONDITIONS AS OUTLINED IN THE ATTACHED FINDINGS OF FACT. MOTION CARRIED. 5 AYES."
The amended CUP approval is subject to the conditions outlined in the attached Findings of Fact.
“SUBJECT TO THE CONDITIONS AS OUTLINED IN THE ATTACHED FINDINGS OF FACT.”
Adopted by motion: "MOTION BY COUNCILMEMBER ALDERS SECOND BY RAINVILLE TO APPROVE THE AMENDED CUP FOR THE DRYDEN'S EXCAVATING BUSINESS ON THE 10 ACRES PARCEL IDENTIFIED AS LOT 3, BLOCK 1, DRYDEN ACRES SUBJECT TO THE CONDITIONS AS OUTLINED IN THE ATTACHED FINDINGS OF FACT. MOTION CARRIED."
The project is approved with deferral of street construction requirements under the CUP.
“MOTION BY ALDERS TO APPROVE THE PRELIMINARY PLAT AND CUP TO ALLOW DEFERRAL OF STREET CONSTRUCTION REQUIREMENTS;”
Adopted by motion: "MOTION BY ALDERS TO APPROVE THE PRELIMINARY PLAT AND CUP TO ALLOW DEFERRAL OF STREET CONSTRUCTION REQUIREMENTS; 2nd BY RAINVILLE. ALL IN FAVOR. MOTION CARRIED."
The applicant must prepare and submit a Driveway Maintenance Agreement for City Attorney review defining who maintains the shared driveway between Lots 1, 2, and 3 of Dryden Acres.
“A Driveway Maintenance Agreement must be prepared and submitted by you for review by the City Attorney to define who maintains the shared driveway”
The final plat cannot be approved until the Houghs deed the westerly 33 feet to provide the full 66-foot right-of-way width for Coquina Street NW.
“The Final Plat could not be approved until the Hough's deeded the westerly 33 feet for the full 66 foot ROW width for Coquina Street NW.”
The subdivision and access to CSAH 22 must be reviewed and approved by Anoka County.
“The subdivision and access to CSAH 22 shall require review and approval by Anoka County.”
The applicant must sign and record a Development Agreement that bars further subdivision until the street is built to full width, meets the City’s bituminous standards, and is accepted by the City, and must comply with the recorded agreement terms.
“A Development Agreement is signed and recorded which prohibits any further subdivision of the lots contained in the Dryden Subdivision”
Drainage/utility easements and buffers must be shown around all wetlands as required by law, and wetland buffer signs must be installed at the locations shown on the exhibit.
“Drainage/utility easements and buffers shall be shown around all wetlands as required under state law and wetland buffer signs shall be installed”
Wetland buffers shown on the survey must be established and maintained, no wetlands may be impacted during construction or grading, and unmowed buffer areas must be maintained with non-invasive vegetation.
“Wetland buffers as shown on the survey are established and maintained. No wetlands may be impacted during construction or grading activities.”
A shared driveway maintenance agreement is required, must be reviewed and approved by the City Attorney, and must be recorded against all impacted properties.
“A shared driveway maintenance agreement shall be required, is subject to review and approval of the City Attorney and shall be recorded”
The Final Plat must be revised to reflect the City Engineer’s comments in the March 9, 2022 memo.
“The Final Plat is revised to reflect the City Engineer's comments in the Memo dated March 9, 2022.”
Lot 3, Block 1 is allowed to have a 139-foot width instead of the otherwise-required 300 feet when measured at the building setback.
“The width of Lot 3, Block 1 is permitted at 139 feet, rather than the 300 feet as required”
On sheet 3 of 3, the drainage and utility easement for Lot 3 along the street right-of-way must be drawn 10 feet wide.
“On sheet 3 of 3, the drainage and utility easement for Lot 3, along the street right of way should be drawn at 10 feet wide.”
On sheet 3 of 3, the two wetland areas shown in Lot 3 must be included in drainage and utility easements.
“On sheet 3 of 3, the two wetland areas shown in Lot 3, must be included in drainage and utility ☒ easement”
The developer may defer construction of Coquina Street NW to City bituminous road standards, but must build it when there is a subsequent division and/or development of any lot or the outlot within Dryden Acres.
“defer street construction for Coquina Street NW to City bituminous road standards until such time as there is a subsequent division and/or development of any of the lots and/or Out…”
Business operating hours must be 6:30 a.m. to 8:00 p.m., seven days a week.
“Hours to be 6:30 am to 8:00 pm seven days a week;”
The operation is limited to three full-time employees and two part-time employees who pick up trucks/equipment.
“Three full-time employees, two part-time that pickup trucks/equipment;”
The business may not have customers, clients, or business-related visitors in a typical week.
“No customers, clients or business-related visitors in a typical week;”
The site is limited to two UPS or truck deliveries per week.
“Two UPS or truck deliveries per week; e”
Outdoor storage is only allowed in the winter and must be parked behind the barn.
“Outside storage only in the winter and then parked behind the barn;”
Any other business conducted on the property beyond what is stated requires reopening the Conditional Use Permit.
“Any other business conducted on this property, other than what is stated at this time, requires the re-opening of the Conditional Use Permit;”
The Conditional Use Permit may be revoked for non-compliance after notice and hearing.
“A Conditional Use Permit may be revoked if there is a showing of non-compliance of conditions, after notice and hearing.”
The property owner must always reside in the home on the property and is responsible for complying with the conditions of approval.
“The property owner shall at all times reside in the home on the property and be responsible for adherence to conditions of approval as outlined herein.”
The City will levy the unpaid amount of $9,072.60 plus attorney’s fees and costs against any properties owned by Mr. and Mrs. Dryden within Nowthen city limits, assessed per City Code plus any additional amounts.
“LEVY THE UNPAID AMOUNTS OF $9,072.60 PLUS ATTORNEY'S FEES AND COSTS AGAINST ANY PROPERTIES OWNED BY MR. AND MRS. DRYDEN WITHIN THE CITY LIMITS OF NOWTHEN.”
Doug and Norma Hough must dedicate 33 feet to the City as a Permanent Road, Utility and Drainage Easement, subject to City Engineer approval and recording with Anoka County.
“Doug and Norma Hough dedicate 33 feet to the City in the form of a Permanent Road, Utility and Drainage Easement”
The Permanent Road, Utility and Drainage Easement must be reviewed and approved by the City Engineer and recorded with Anoka County.
“to be reviewed and approved by the City Engineer and recorded with Anoka County.”
A Lot Split Agreement must be drafted by the City Attorney, signed, and recorded, prohibiting further subdivision until the public street is built to full width and accepted by the City.
“A Lot Split Agreement is drafted by the City Attorney, signed and recorded which prohibits any further subdivision”
No further subdivision may occur until the public street is built to the full width of the proposed parcels and accepted by the City.
“until such time as the public street is built to the full width of proposed parcels and accepted by the City.”
The applicants must comply with all terms and conditions in the Lot Split Agreement, which must be recorded against all properties within the plat.
“Applicants shall comply with the terms and conditions contained in the Lot Split Agreement, which shall be recorded”
Wetland buffers shown on the survey must be established and maintained.
“Wetland buffers as shown on the survey are established and maintained.”
No wetlands may be impacted during construction or grading activities.
“No wetlands may be impacted during construction or grading activities.”
Unmowed areas adjacent to wetlands must be maintained with non-invasive vegetation as required by the buffer requirements.
“Buffers require that unmowed areas adjacent to wetlands are maintained with non-invasive vegetation”
The project must meet the driveway requirements of Section 11-6-2.J.4.
“The driveway requirements of Section 11-6-2.J.4 are met:”
For single dwellings or two dwellings sharing a driveway, the driveway must be at least 12 feet wide and designed for emergency vehicle maneuvering and turnaround per International Fire Code Section 503.
“The driveway shall be a minimum of twelve (12) feet in width for single dwellings, or two dwellings which share a driveway”
For three or more dwellings sharing driveway access, the driveway must be at least 20 feet wide.
“The driveway shall be a minimum of twenty (20) feet in width for three or more dwellings sharing a driveway access.”
A driveway turnaround is required for properties that do not meet the standards established in Section 4e of the subsection.
“A driveway turnaround shall be required for all properties which do not meet the standards established”
Street paving and surfacing for the new local street may be deferred only if a Conditional Use Permit is approved by the City Council and the project adheres to City Code Section 10-3-3.C.
“Street surfacing requirements may be deferred for local streets through approval of a Conditional Use Permit by the City Council”
Amend the wetland boundaries to include the two changes shown in Exhibit H.
“The wetland boundaries are amended to include the two changes shown in Exhibit H.”
Install wetland buffer signs at the intervals shown on the Preliminary Plat.
“wetland buffer signs shall be installed at intervals shown on the Preliminary Plat.”
Establish and maintain the wetland buffers shown on the survey.
“Wetland buffers as shown on the survey are established and maintained.”
Maintain adjacent unmowed wetland buffer areas with non-invasive vegetation.
“Buffers require that unmowed areas adjacent to wetlands are maintained with non-invasive vegetation”
Construct the shared driveway to meet street base and subbase requirements required by Section 10-3-3.B.
“The shared driveway is constructed to meet street base and subbase requirements required by Section 10 3 3.B”
Meet and show on approved plans the driveway access requirements of Section 11-6-2.J.
“The driveway access requirements of Section 11-6-2.J are met and shown on approved plans”
Until the shared driveway is built to City bituminous standards and accepted as a public road, make maintenance the sole responsibility of the benefiting property owners unless the City agrees otherwise in writing.
“maintenance of the shared driveway shall be the sole responsibility of property owners fronting on the dedicated right of way”
Until the shared driveway is built to City bituminous standards and accepted as a public road, record a deed restriction prohibiting further subdivision or platting without the City's express written consent.
“no additional property subject to the shared driveway agreement shall be further subdivided or platted without the City's express written consent”
Acknowledge in the deed restriction that properties may be subject to a future assessment under Minnesota Statute Chapter 429 or other relevant statute for future shared driveway improvements once the right-of-way is accepted.
“the properties may be subject to a future assessment pursuant to Minnesota Statute Chapter 429”
Have the deed restriction reviewed/approved by the City Attorney and record it against all impacted properties.
“The deed restriction is subject to review and approval of the City Attorney and shall be recorded”
The operation’s hours must be 6:30 a.m. to 8:00 p.m., seven days a week.
“Hours to be 6:30 am to 8:00 pm seven days a week;”
The Drydens must pay or reimburse the City for any and all costs the City incurred to facilitate completion of the Dryden Acres development.
“the Drydens were and are responsible for any and all costs incurred by the city to facilitate the completion of the development.”
These fee amounts will be assessed under Nowthen City Code and must include any professional fees and escrow amounts required by the Dryden Acres Development Agreement.
“Such fee amounts shall be assessed in accordance with Nowthen City Code plus any professional fees and escrow amounts pursuant to the Development Agreement”
The amended CUP for Dryden's Excavating Business on the 10-acre parcel (Lot 3, Block 1, Dryden Acres) is approved subject to the conditions outlined in the attached Findings of Fact.
“SUBJECT TO THE CONDITIONS AS OUTLINED IN THE ATTACHED FINDINGS OF FACT.”
An address placard is required where the driveway meets Viking Blvd to indicate the house numbers of all parcels sharing the driveway.
“An address placard will be required where the driveway intersects with Viking Blvd. to indicate the house numbers of all parcels sharing the driveway.”
Any future signs require review and approval by the City Zoning Administrator and City Building Official.
“Any future signs will require review and approval of the City Zoning Administrator and City Building Official.”
To obtain CUP approval, the applicant must secure a permanent easement from the Houghs so the required 66-foot public right-of-way can be dedicated for public road, drainage, and utility purposes.
“The Dryden's will need to talk with the Houghs about designating a permanent easement for public road, drainage and utility purposes.”
The project must install an address placard where the shared driveway meets Viking Blvd showing the house numbers for all parcels using the driveway.
“an address placard will be required where the driveway intersects with Viking Blvd. to indicate the house numbers of all parcels sharing the driveway.”
The basement floor elevation must keep at least one foot of separation above mottled soil.
“The basement floor elevation should maintain a one (1) foot separation above mottled soil.”
The applicant/property owner must deposit an escrow amount with the City (cash or certified check) to partially cover all fees and City administrative, planning, legal, and engineering costs for processing the request.
“agree to provide to the City, in cash or certified check, for deposit in an escrow fund”
If the escrow is depleted, the applicant/property owner must provide additional money within 10 days of the City’s request.
“If the escrow amount is depleted, I agree to furnish additional monies as requested by the City within 10 days”
All fees and expenses must be paid whether the application is approved or denied.
“All fees and expenses are due whether the application is approved or denied.”
The property owner must pay invoices within 10 days of the invoice date.
“as the property owner I must make said payment within 10 days of the date of the invoice”
Unpaid bills after 10 days accrue interest at 6% per year.
“Bills not paid within the 10 days of request for payment by the City shall accrue interest at the rate of 6% per year.”
If amounts are not paid when due, the City may certify the costs against the owner’s property for collection with real estate taxes and/or take legal action, and the owner must pay the City’s attorney’s fees and costs from that action.
“if I fail to pay said amounts when due, then the City may certify such costs against any property owned by me”
The property owner waives all rights to appeal the certification of such expenses against the property under applicable Minnesota statutes.
“I knowingly and voluntarily waive all rights to appeal said certification of such expenses against my property”
Property owners of Dryden Acres stated the developer's agreement was 'rushed through' and they did not fully understand what they signed.
Dryden Acres plat was not approved by the county before city council final approval and recording, causing access and road standard issues; the developer is partially complying with the Development Agreement but some conditions remain unresolved.
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