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8.b1 Taylor Minor Subdivision and Variance - CC Packet1 | P a g e Date of Meeting: July 18, 2023 To: Honorable Mayor and Members of the City Council From: TJ Hofer, Consultant City Planner Frannie Nielsen, Consultant Re: Minor Subdivision and Variance for Property Along Novak Avenue Applicant: Chris J Taylor and Vicki Taylor Zoning: AG-C and SM-O Owner: Chris J Taylor Future Land Use: Agricultural Core and Village Neighborhood Location: PID 1503220230004 Review Deadline September 6, 2023 The applicant is requesting approval of a minor subdivision to create one lot and one outlot and variance to defer improvements on a portion of right-of-way for Novak Avenue North, which will be dedicated with the minor subdivision. BACKGROUND Originally, proposed Parcels 1 and 2 were a separate lot from Parcel 3. The applicant faced some challenges when acquiring the property that is not relevant to this application. To resolve these issues, the applicant combined the two lots at the advice of the previous City Administrator. Minor Subdivision The applicant is proposing to split an existing 176-acre parcel into three parcels with one of those parcels designated as an outlot. Parcel 1 (Lot 1, Block 1) is proposed to be approximately 5 acres, Parcel 2 (Outlot A) is proposed to be approximately 11 acres, and Parcel 3 is proposed to 2 | P a g e be approximately 160 acres. The applicant intends to retain the current residence on Parcel 3 and develop a new residence on Parcel 1 eventually. The subject parcel is currently used for a single-family residence and farmland. Both land uses are permitted within the Agricultural Core (AG-C) and Shoreland Management Overlay (SM-O) zoning district. The property is currently utilized as farmland. Proposed Parcel 1, proposed Parcel 2 (Outlot A), and approximately the east half of proposed Parcel 3 are designated as Village Neighborhood on the 2040 Future Land Use Map. The west half of resulting Parcel 3 is designated as Agricultural Core on the 2040 Future Land Use Map. The property is located within the Comfort Lake – Forest Lake watershed district and has wetlands on the proposed Parcel 3. The Unified Development Code (UDC) permits subdivision that results in three or fewer parcels through the minor subdivision process. The minor subdivision procedure requires approval of a Preliminary and Final Plat, however, both documents are reviewed concurrently. Section 153.200.030 Subd. 1 indicates new lots in the Agricultural Core zoning district must be between 2 and 5 acres or greater than 20 acres. Resulting Parcel Parcel 1 Parcel 2 (Outlot A) Parcel 3 Lot Size, acres 5 11 160 3 | P a g e Parcel 2 is being proposed as an outlot and therefore is undevelopable and not required to meet the dimensional standards. The proposed parcels meet the size requirements of Scandia’s Unified Development Code. Variance The applicant is also requesting consideration of a variance to defer improving their portion of Novak Avenue North until a later date due to unknow future road alignment. The existing traveled surface of Novak Avenue North is not centered in the existing right of way. Much of the existing ditch and some of the road support is on private property. Future extension of this road will require re-constructing portions of the existing roadway to re-align the traveled surface with the existing right of way. The exact locations and timeline of this re-alignment are currently unknown. There is an existing bituminous driveway which will serve the existing and proposed residences (two total) off the northerly end of the improved portion of Novak Avenue North. EVALUATION OF REQUEST Minor Subdivision Lot Standards The dimensions of the proposed lot compared to the AG-C dimensional standards are as follows: Table 1: Zoning District Standards AG-C Lot 1, Block 1 Outlot A Proposed Parcel 3 Density Maximum allowed: 4 units / 40 ac. or quarter/quarter section 4 units / 40 ac. Minimum Lot Size (ac.) 2.0-5.0, or 20 or more acres 5 acres 11 acres 160 acres Minimum Lot Width (ft.) 300 300 n/a 2,576 Buildable Area One acre 5 acres n/a 160 acres Setbacks (ft.) Front 40 139 n/a >200 Side 20 77 n/a >900 Rear 50 528 n/a >2,000 Maximum Lot Coverage 25% <25% n/a <25% 4 | P a g e The proposed parcels and outlot meet Scandia Unified Development Code standards. Density Lot 1, Block 1 and Outlot A are within the quarter-quarter Section 15, Tract 32, Range 20. No dwellings currently exist in this section. Utilities Lot 1, Block 1 lot would be served by a septic system and well. Streets, Access, and Parking The proposed parcels will be accessed from Novak Avenue N. The plat dedicates 643.80 feet of 60 foot right of way along Novak Avenue N to access the three parcels, meet the lot frontage standard, and meets City dedication requirements. The applicant’s site plan shows a driveway for Lot 1, Block 1 setback approximately 10 feet from the side lot line. The proposed driveway does not interfere with any wetlands or trees on the site. Parking is required to be provided at a rate of 2 spaces per single family dwelling (UDC, Table 153.400.080-1). Parking will be required when Lot 1, Block 1 is developed. Parcel 3 currently has adequate parking onsite. Currently, the applicant is not proposing to improve the road surface from the existing gravel road. The applicant is requesting a variance to the required road surface improvement. The road surface shall be improved if a variance is not granted. Landscaping Table 153.400.060-1 of the UDC establishes landscaping requirements for single-family residential uses and requires five trees per dwelling unit. Parcel 3 meets this requirement. Table 153.400.010 indicates minor subdivisions are not subject to landscaping review. Lot 1, Block 1 does not need to meet landscaping prior to construction, but plantings need to be shown that meet the standards of the UDC on the site plan that is submitted for the building permit. Wetlands and Natural Resources A wetland delineation has been submitted for Lot 1, Block 1. Minnesota’s Board of Water and Soil Resources issued a Minnesota Wetland Conservation Act Notice of Decision indicating there are no wetlands onsite. Based on the soil observations conducted by the Washington County Public Health and Environment Department representatives, and the submitted soil observations conducted by Midwest Sewer Services, the proposed lot appears to have 10,000 ft2 of suitable soil for individual sewage treatment systems. 5 | P a g e Easements The applicant has provided 10-ft. drainage and utility easements along all lot lines, a 20-ft. drainage and utility easement along the center of the property, and a 50-ft. drainage and utility easement on the southwest corner of the proposed parcel. Signs No sign has been proposed. Any signs proposed in the future will be subject to 153.400.100 of the UDC. Architectural Design Standards. The proposed subdivision will fall within the Character Area: Agricultural Districts (A-P and AG-C). While no architectural or building plans were proposed as part of the application, structures constructed in the subdivision will be subject to the standards established within the Design Guidelines. Parks and Trails The Scandia Comprehensive trails Master Plan Report and Comprehensive Plan do not indicate a future trail or parks within the proposed parcels. Parkland Dedication Creation of new lots through the subdivision process triggers the park land dedication requirements of the UDC (153.500.090 Subd. 5). This requirement calls for either 5% of the land in the subdivision be dedicated to the city for parks, or a cash payment in lieu of land be paid to the city. The amount of cash to be paid in lieu of land dedication shall be based on the fair market value of the land to be subdivided at the time of final plat approval, multiplied by the percentage of land required to be dedicated. If cash in lieu is pursued, the following options are listed in the UDC: 1. The City and the developer may agree as to the fair market value; or 2. The fair market value may be based upon a current appraisal submitted to the City by the subdivider at the subdivider’s expense. The appraisal shall be made by appraisers who are approved members of the SREA or MAI, or equivalent real estate appraisal societies. 3. If the City disputes such appraisal the City may, at the subdivider’s expense, obtain an appraisal of the property by a qualified real estate appraiser, which appraisal shall be conclusive evidence of the fair market value of the land. 4. The developer may pay a cash fee of $3,000 for each residential unit created as the presumptive fair market value of the land for which cash is paid. 5. Cash and Land Combination. The City, upon consideration of a particular development, may require that a lesser parcel of land should be dedicated due to 6 | P a g e particular features of the development. In such cases, a cash contribution shall be required in addition to or in lieu of the land dedication in order to ensure that the development contributes to the park system in rough proportion to its impact. Staff recommends that the City require cash-in-lieu of land at the rate of $3,000 for each residential unit. Variance Section 153.500.060 Subd. 1 (B) establishes the standards for when the City shall approve a variance. The variance must be consistent with the Comprehensive Plan, must be in harmony with the general purpose and intent of this Chapter, and when the strict enforcement of this Chapter would result in practical difficulties with carrying out the strict letter of the Code. Practical difficulties are established within the UDC and are listed below in italics. The Planning Commissions determination of these is below each practical difficulty. a. The property owner proposes to use the property in a reasonable manner not permitted by this Chapter. The proposed use of an unimproved road surface is a reasonable use of the property as the road will only serve two dwellings. The current use of the property is residential and agricultural with an unimproved road surface. The Comprehensive Plan identifies the road area between the north of the existing Novak Avenue N and Oakhill Road N as a gap area. The Comprehensive Plan states “Land subdivision and site plan reviewers should ensure that these missing links between local roadway segments are eventually dedicated to form an interconnected rural street system.” The applicant’s preliminary and final plat indicates a 60-foot-wide right-of-way dedication of Novak Avenue for the entire width of Lot 1, Block 1 and Outlot A totaling 643.80 feet. b. The plight of the landowner is due to circumstances unique to the property not created by the landowner. The plight of the landowner is due to unique circumstances. The applicant has indicated that the existing traveled surface of Novak Avenue North is not centered in the existing right of way and future extension of this road will require re-constructing portions of the existing roadway to re-align the traveled surface with the existing right of way. The alignment of the road is an issue currently, and improvement of the 643.08 ft. would require changing the alignment of the road and could create an unsafe driving condition. c. The variances, if granted, would not alter the essential character of the locality. The variance would not alter the essential character of the locality due to the unchanging nature of the road. The unimproved road would remain unimproved. 7 | P a g e d. Economic conditions alone shall not constitute practical difficulties. The practical difficulties are not solely based on economic conditions. e. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. The variance is not related to a need for direct sunlight for solar energy systems. f. The proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. The requested variance will not adversely impact adjacent properties. The requested variance will not impair the supply of light or air to adjacent properties, increase congestion, endanger the public, or substantially diminish or impair property values in the neighborhood. g. The requested variance is the minimum action required to eliminate the practical difficulty. The applicant is requesting minor subdivision approval. All the other criteria for minor subdivision have been met by the applicant. Not altering the roadway is a minimal action and alterations to a small portion of the roadway could lead to safety issues. ANALYSIS Review Comments The submittal was sent to city staff and other regulatory agencies for review and comment. Washington County’s Public Health and Environment Department Based on the soil observations conducted by the Department representatives, and the submitted soil observations conducted by Midwest Sewer Services, the proposed lot appears to have 10,000 sq. ft. of suitable soil for individual sewage treatment systems. It should be noted that the soil testing conducted for this lot was preliminary and only for the purpose of determining suitability of this lot to support long-term sewage treatment. 8 | P a g e Comfort Lake Forest Lake Watershed District The proposed subdivision triggers CLFLWD Rule 4.0 – Lake, Stream, and Wetland Buffer Rules, however, based on the submittals no water features are present that would require buffers. The building itself will require a CLFLWD permit for Rule 3.0 – Erosion Control. Engineering Department Grading revisions are needed to show the 1007 contour of south pond to run all the way to the west end of the storm basin/drainage way and not stop short to ensure drainage gets to ditch. Driveway width shall be reviewed prior to construction. A professional engineer will need to sign off on the retaining wall design since the height is proposed over four feet. A landscaping plan is also recommended. Public Works Department The Public Works Director has indicated that he does not support the variance request. The roadway should be widened to 24 ft. per Engineers Specifications to accommodate Public Works maintenance equipment; including but not limited to tandem axle snowplow and road grader and to accommodate adequate space for Fire and Emergency vehicles to stage in the roadway while allowing safe passage for passing vehicles. At the end of the ROW(north end), a turnaround/cul-de-sac shall be constructed to accommodate Public Works maintenance equipment and Fire Department or other Emergency vehicles, providing sufficient space for turning around without backing up and staging per Engineers Specifications. The design does not include a ‘Hammerhead’ type design. Fire Department The Fire Chief stated that the application should include improving the right of way to city standards. The Fire Department works with minimal access on existing lots, but the City should not allow new lots that have limited access. This proposal will create a long driveway access. Any time the Fire Department has a long driveway we risk damage to equipment and risk injury or death, due to having to back equipment further in instead of driving in forward and turning around. Washington Conservation District Washington County Conservation District indicated there are no wetlands onsite. Department of Natural Resources The DNR Area Hydrologist provided no comment. Planning Commission The application was reviewed by the Planning Commission at their July 11, 2023, meeting. The Planning Commission held a public hearing where the applicant spoke, and a written comment was entered into the record in support of the application. The applicant stated that they had 9 | P a g e consistently provided snow clearing services and maintained the road in the past. The Planning Commission then closed the public hearing. The Commission discussed the practicality of developing right of way for a small subdivision, when street improvements were required, the feasibility of public works and emergency services using the driveway and turnaround The Planning Commission moved to recommend approval of the minor subdivision and variance to defer improvements on a portion of right-of-way for Novak Avenue North, with conditions. The motion was approved with a vote of 5-0. Staff Analysis Staff finds that the proposed minor subdivision is consistent with the Comprehensive Plan and Unified Development Code (UDC). Staff believes that the applicant has not established a practical difficulty that warrants a variance being issued to defer improvements to the right-of-way. Right-of-way is being dedicated for a road that is identified with in the 2040 Comprehensive Plan. Every subdivision in the City is required to improve right-of-way when it is dedicated. Regardless of the fact that the new right- of-way will only be regularly accessed by the residents of the abutting lots, the road must still be accessed and maintained by the City’s fire department and public works. COUNCIL ACTION The City Council can do one of the following: 1. Approve, with or without conditions, the attached resolution. 2. Deny, with findings, the attached resolution. 3. Table the request for further review/study. RECOMMENDATIONS Planning Commission recommends that the City Council approve the proposed minor subdivision for the Taylor property along Novak Avenue (PID 1503220230004) to split the existing parcel into Lot 1, Block 1, Outlot A, and Parcel 3 subject to the following conditions: 1. The minor subdivision shall be in substantial compliance with the Preliminary Plat and Final Plat reviewed with this application. 2. The applicant shall pay a fee in lieu of park land to the City, with the fee total being $3,000. 3. The applicant shall submit a landscaping plan in conjunction with a building permit for a dwelling unit. 4. The applicant shall resubmit a grading plan to address the comments of the City Engineer. 10 | P a g e 5. The applicant shall obtain a variance to improve the road surface, or if the variance is not granted, the applicant shall improve the road surface in accordance with City standards. 6. The resulting three parcels shall comply with all dwelling density requirements. 7. The applicant shall pay all other fees and escrows associated with this application. 8. The applicant shall record the Final Plat with Washington County within one year of the date when the Minor Subdivision is approved by the City. The Planning Commission recommends that the City Council approve the proposed variance request, subject to the following findings: a. The proposed use of an unimproved road surface is a reasonable use of the property. The lack of change is reasonable due to the potential safety impacts. b. The plight of the landowner is due to unique circumstances. c. The variance would not alter the essential character of the locality due to the unchanging nature of the road. The unimproved road would remain unimproved. d. The practical difficulties are not solely based on economic conditions. e. The variance is not related to a need for direct sunlight for solar energy systems. f. The requested variance will not adversely impact adjacent properties. g. The applicant is requesting minor subdivision approval. All the other criteria for minor subdivision have been met by the applicant. Not altering the roadway is a minimal action. The Planning Commission recommend the following conditions of approval: 1. Before a building permit can be issued on the site the following must occur: a. The applicant shall submit a landscaping plan that meets or exceeds the standards for landscaping within Section 153.400.060 of the UDC. b. The applicant shall be in compliance with the standards of the Comfort Lake Forest Lake Watershed District including, but not limited to, required buffers and rain gardens. c. A grading plan and erosion control plan shall be submitted to the City for review, showing any areas of soil disruption, construction entrances, any trees that will be removed, building floor elevations, and drainage patterns. 2. The applicant shall secure all applicable permits required from local, state, and federal entities. 3. The applicant shall enter into an access agreement with the City to permit public service vehicles onto the existing driveway for turnaround purposes. 4. The applicant shall pay all other fees and escrows associated with this application. 11 | P a g e 5. The applicant must commence the authorized use or improvement within one year of the date on which the variance is issued. After one year, the approvals issued under the provisions of the Section shall expire without further action by the Planning Commission or Board. 6. The applicant shall record the Variance with Washington County within one year of the date when the Variance is approved by the City. Attachments 1. Resolution 07-18-23-03 Approving a Minor Subdivision and Approving a Variance 2. Zoning Map 3. Future Land Use Map 4. Local Roadway Gap Areas 5. Application 6. Variance Narrative 7. Proposed Boundary Map 8. Preliminary Plat 9. Final Plat 10. Site Grading 11. Washington County Comment Letter 12. Site Map with Sample Locations 13. Wetland Type and Boundary Approval Forms 14. No Wetland Report CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 07-18-23-03 APPROVING A MINOR SUBDIVISION AND APPROVING A VARIANCE FOR “TAYLOR ADDITION” LOCATED AT PARCEL ID 15.032.20.23.0004 WHEREAS, Chris J. Taylor (the “applicant”), has requested approval for a Minor Subdivision to be known as “Taylor Addition”, to create Lot 1, Block 1, including 5 acres; and Outlot A, including 11 acres; and the Northwest Quarter of Section 15, Township 32 North, Range 20 West, Washington County, Minnesota EXCEPTING THEREFROM that part dedicated as Novak Avenue North per plat of TAYLOR ADDITION, on file and of record in the Office of the County Recorder, Washington County, Minnesota, including 160 acres, by subdividing parcel 15.032.20.23.0004 located along Novak Avenue North; and has made an application for a Variance to defer road improvement of Novak Avenue North to a later date; and WHEREAS, the property is legally described as follows: THE WEST 1,128.40 FEET OF THE SOUTH ONE-HALF OF THE SOUTH ONE-HALF OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 32 NORTH, RANGE 20 WEST; AND THE NORTH ONE-HALF OF THE NORTH ONE-HALF OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 32 NORTH, RANGE 20 WEST WHEREAS, the Planning Commission reviewed the Minor Subdivision and Variance request at a duly noticed Public Hearing on July 11th, 2023, and recommended that the City Council approve the Minor Subdivision and Variance requests with conditions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that the Scandia City Council hereby approves the request for a minor subdivision to create Lot 1, Block 1, 5 acres, Outlot A, 11 acres, and the Northwest Quarter of Section 15, Township 32 North, Range 20 West, Washington County, Minnesota EXCEPTING THEREFROM that part dedicated as Novak Avenue North per plat of TAYLOR ADDITION, on file and of record in the Office of the County Recorder, Washington County, Minnesota, 160 acres, subject to the following conditions: 1. The minor subdivision shall be in substantial compliance with the Preliminary Plat and Final Plat reviewed with this application. 2. The applicant shall pay a fee in lieu of park land to the City, with the fee total being $3,000. 3. The applicant shall submit a landscaping plan in conjunction with a building permit for a dwelling unit. 4. The applicant shall resubmit a grading plan to address the comments of the City Engineer. 5. The applicant shall obtain a variance to improve the road surface, or if the variance is not granted, the applicant shall improve the road surface in accordance with City standards. 6. The resulting three parcels shall comply with all dwelling density requirements. 7. The applicant shall pay all other fees and escrows associated with this application. 8. The applicant shall record the Final Plat with Washington County within one year of the date when the Minor Subdivision is approved by the City. FURTHER BE IT RESOLVED, that the Scandia City Council should and hereby does approve the requested variance, based on the following findings: 1. The proposed use of an unimproved road surface is a reasonable use of the property. The lack of change is reasonable due to the potential safety impacts. 2. The plight of the landowner is due to unique circumstances. The applicant has indicated that the existing traveled surface of Novak Avenue North is not centered in the existing right of way and future extension of this road will require re-constructing portions of the existing roadway to re-align the traveled surface with the existing right of way. The alignment of the road is an issue currently and improvement of the 643.08 ft. would require changing the alignment of the road and could create an unsafe driving condition.. 3. The variance would not alter the essential character of the locality due to the unchanging nature of the road. The unimproved road would remain unimproved. 4. The practical difficulties are not solely based on economic conditions. 5. The variance is not related to a need for direct sunlight for solar energy systems. 6. The requested variance will not adversely impact adjacent properties. 7. Not altering the roadway is a minimal action. FURTHER BE IT RESOLVED that the following conditions of approval for the Variance shall be met: 1. Before a building permit can be issued on the site the following must occur: a. The applicant shall submit a landscaping plan that meets or exceeds the standards for landscaping within Section 153.400.060 of the UDC. b. The applicant shall be in compliance with the standards of the Comfort Lake Forest Lake Watershed District including, but not limited to, required buffers and rain gardens. c. A grading plan and erosion control plan shall be submitted to the City for review, showing any areas of soil disruption, construction entrances, any trees that will be removed, building floor elevations, and drainage patterns. 2. The applicant shall secure all applicable permits required from local, state, and federal entities. 3. The applicant shall enter into an access agreement with the City to permit public service vehicles onto the existing driveway for turnaround purposes. 4. The applicant shall pay all other fees and escrows associated with this application. 5. The applicant must commence the authorized use or improvement within one year of the date on which the variance is issued. After one year, the approvals issued under the provisions of the Section shall expire without further action by the Planning Commission or Board. 6. The applicant shall record the Variance with Washington County within one year of the date when the Variance is approved by the City. Whereupon, said Resolution is hereby declared adopted on this 18 day of July 2023. Christine Maefsky, Mayor ATTEST: Kyle Morell, City Administrato 75 2.3 © Bolton & Menk, Inc - Web GIS 0 Legend Map Name This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information, and data located in various city, county, and state offices, and other sources affecting the area shown, and is to be used for reference purposes only. The City of Scandia is not responsible for any inaccuracies herein contained. Disclaimer: 6/20/2023 1:49 PM 527 Feet City Limits Parcels (4/1/2023) Lot Lines National Wetlands Inventory Parks Shoreland Overlay PUD Overlay Lakes Mining Overlay Saint Croix River District Zoning Agricultural Core Agricultural Preserves Rural Residential General Village Neighborhood Rural Commercial Rural Residential Neighborhood Village Historic Core Village Center Industrial Park Scandia_2022.sid Red: Band_1 Green: Band_2 Blue: Band_3 m i n n e s o t a RL Ate' m 1IqmIp E: y n _ 95 4 kz/1 Mfg i i / Z"] / iii - 1 _ 2040 Comprehensive Plan SCANDIA Scandia, MN z Q St N tas a E r'` ll Jl o N w Julep " m 1dStN z D 9ve N d_ Forest , rs ., t JeW 07th St z 206th St Nd D Q oL 202nd St N d IXa, 200th St Na I! m i I _ Y 195th StN0J 1192nd St N n 0 0 c 190th St N 0aNC z L Legend I City Limits Lakes and Ponds I s 180th St n n Rivers and Streams 0 0.7524c Miles Lomond Tr N Source: Met. Council, City of Scandia, 0 Washington County, MnDOT, MnDNR 170th St N St N L)OldGu\a aer Local Roadway Gap Areas & E N K October 2019 Real People. Real Solutions. Sze^ o® — d e 1s9t St N` CY A z Wisconsin Local Roadway Gap Areas Study Area: TH 97 Scandia Tr)/ CR 52 Oakhill Rd) Gaps Identified in e 2030t Comprehensive Plan with modifications) Note: Numbers refer to text under Local Roadway Extensions heading Figure T-4 TAYLOR ADDITION Variance rationale: The proposed plat of TAYLOR ADDITION extends the right of way of the existing town road known as Novak Avenue North. The proposed right of way is centered on the North-South Quarter Section line. Future dedication of right of way extending northerly from this proposed subdivision will be shared equally by both adjoining landowners. The existing traveled surface of Novak Avenue North is not centered in the existing right of way. Much of the existing ditch and some of the road support is on private property. Future extension of this road will require re-constructing portions of the existing roadway to re-align the traveled surface with the existing right of way. The exact locations and timeline of this re-alignment are currently unknown. Due to unknown future road alignment, both horizontal and vertical, Taylor’s wish to defer improving their portion of Novak Avenue North until a later date. There is an existing bituminous driveway which will serve the existing and proposed residences (two total) off the northerly end of the improved portion of Novak Avenue North. A great place to live, work and play…today and tomorrow Government Center | 14949 62nd Street North | P. O. Box 6 | Stillwater, MN 55082-0006 P: 651-430-6655 | F: 651-430-6730 | TTY: 651-430-6246 www.co.washington.mn.us Washington County is an equal opportunity organization and employer PUBLIC HEALTH & ENVIRONMENT David Brummel, Director Jill Timm, Deputy Director Chris John Taylor 21560 Novak Ave N Scandia, MN 55073 Subdivision/Lot Split Review On June 5th, 2023, the Department received a subdivision/lot split septic permit application for a lot split in the City of Scandia. On June 7th, 2023, representatives from the Department conducted soil observations on the parcel 1503220230004. Based on the soil observations conducted by the Department representatives, and the submitted soil observations conducted by Midwest Sewer Services, the proposed lot appears to have 10,000 ft2 of suitable soil for individual sewage treatment systems. It should be noted that the soil testing conducted for this lot was preliminary and only for the purpose of determining suitability of this lot to support long-term sewage treatment. Section 9.5 of the Washington County Development Code, Chapter Four, Individual Sewage Treatment System Regulations (Washington County Ordinance #206) states: Complete soil testing on each individual lot must be conducted prior to permit issuance independent of any prior subdivision or lot approval testing. For permit issuance, a minimum of four (4) soil observations encompassing the proposed sewage treatment area are required. At least one soil observation must be performed in the portion of the soil treatment area anticipated to have the most limiting conditions. Larger areas may be required where conditions of use, soils, topography, or vegetation require. If you have any questions or comments, please contact me at 651-430-6819. Sincerely, Jonathan Hinks Environmental Specialist 14291 13930 21503 21450 21560 Nova k Ave N Nov a kA v eN Figure 1 Site Location Esri Community Maps Contributors, County of Polk, WI, Metropolitan Council, MetroGIS, © OpenStreetMap, Microsoft, Esri, HERE, Garmin, SafeGraph, Parcels Municipals DNR Protected Waters ID 4/28/2023, 4:04:36 PM 0 0.06 0.110.03 mi 0 0.09 0.170.04 km 1:4,514 Maxar | Esri Community Maps Contributors, County of Polk, WI, Metropolitan Council, MetroGIS, © OpenStreetMap, Microsoft, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA | BWSR NOD Form – November 12, 2019 1 Minnesota Wetland Conservation Act Notice of Decision Local Government Unit: City of Scandia County: Washington Applicant Name: Chris Taylor Applicant Representative: Jessica Lillie Project Name: Oakhill Taylor No Wetland Delineation LGU Project No. (if any): Date Complete Application Received by LGU: 05-08-23 Date of LGU Decision: 06-29-23 Date this Notice was Sent: 06-29-23 WCA Decision Type - check all that apply ☒ Wetland Boundary/Type ☐ Sequencing ☐ Replacement Plan ☐ Bank Plan (not credit purchase) ☐ No-Loss (8420.0415) ☐ Exemption (8420.0420) Part: ☐ A ☐ B ☐ C ☐ D ☐ E ☐ F ☐ G ☐ H Subpart: ☐ 2 ☐ 3 ☐ 4 ☐ 5 ☐ 6 ☐ 7 ☐ 8 ☐ 9 Replacement Plan Impacts (replacement plan decisions only) Total WCA Wetland Impact Area: Wetland Replacement Type: ☐ Project Specific Credits: ☐ Bank Credits: LRRP Bank Account Number(s): Technical Evaluation Panel Findings and Recommendations (attach if any) ☒ Approve ☐ Approve w/Conditions ☐ Deny ☐ No TEP Recommendation LGU Decision ☐ Approved with Conditions (specify below)1 ☒ Approved1 ☐ Denied List Conditions: Decision-Maker for this Application: ☒ Staff ☐ Governing Board/Council ☐ Other: Decision is valid for: ☒ 5 years (default) ☐ Other (specify): 1 Wetland Replacement Plan approval is not valid until BWSR confirms the withdrawal of any required wetland bank credits. For project- specific replacement a financial assurance per MN Rule 8420.0522, Subp. 9 and evidence that all required forms have been recorded on the title of the property on which the replacement wetland is located must be provided to the LGU for the approval to be valid. LGU Findings – Attach document(s) and/or insert narrative providing the basis for the LGU decision1. The WCA application requested confirmation the site does not contain wetlands. The WCD/TEP reviewed the site and concurs with the application and there are no wetlands on the site. The LGU concurs with the TEP findings. The decision is valid for 5 years. 1 Findings must consider any TEP recommendations. Attached Project Documents ☒ Site Location Map ☒ Project Plan(s)/Descriptions/Reports (specify): Notice Distribution (include name) Required on all notices: BWSR NOD Form – November 12, 2019 2 ☒ SWCD TEP Member: Jay Riggs ☒ BWSR TEP Member: Ben Meyer ☒ LGU TEP Member (if different than LGU contact): ☒ DNR Representative: Dan Scollan, Kelly Pharis ☒ Watershed District or Watershed Mgmt. Org.: Mike Isensee/Tom Langer ☒ Applicant: ☒ Agent/Consultant: Optional or As Applicable: ☒ Corps of Engineers: ☐ BWSR Wetland Mitigation Coordinator (required for bank plan applications only): ☐ Members of the Public (notice only): ☐ Other: Signature: Date: 06.29.23 This notice and accompanying application materials may be sent electronically or by mail. The LGU may opt to send a summary of the application to members of the public upon request per 8420.0255, Subp. 3.