7.b 1 Resolution 08-16-16 Schilling Variance docx
CITY OF SCANDIA, MINNESOTA
RESOLUTION NO. 08-16-16-01
APPROVING A VARIANCE FOR 12700 182ND AVENUE NORTH
WHEREAS, Jerald and Nancy Schilling have made an application for a Variance from
the setback requirements from wetlands and the roadway right-of-way to construct a new
subsurface septic system on the property at 12700 182nd Avenue North; and
WHEREAS, the property is legally described as follows:
THAT PART OF MAPLE ST AS DEDICATED IN REC PLAT OF BIG LAKE VIEW 3RD ADD LYING ELY OF SLY
PROJECTION OF NWLY LINE OF LOT 2 OF SD BIG LAKE VIEW 3RD ADD LYING WLY OF SLY PROJECTION OF ELY
LINE OF SD LOT 2 & LYING NELY OF LINE DRAWN 33FT NELY OF & PAR & CONCENTRIC WITH FOLL DESC LINE
COM AT NW COR OF LOT 3 BLK 1 OF REC PLAT OF HARDWOOD HILLS THN N88DEG47'24''E PLAT BEARING ALONG
N LINE OF HARDWOOD HILLS DIST OF 250FT TO PT OF BEG OF LINE TO BE DESC AT ANG PT IN SD N LINE THN
N81DEG01'17''W 183.61FT THN NWLY 302.34FT ALONG TANG CURVE CONCAVE TO NE HAVING RADIUS OF
265.14FT & CTR ANG OF 65DEG20' THN N15DEG41'17''W TANG TO SD CURVE 145FT & SD LINE THERE TERM
THAT PART OF GOVT LOT 5 S33T32R20 LYING SLY OF SLY LINE OF MAPLE ST AS DEDICATED IN REC PLAT OF BIG
LAKE VIEW 3RD ADD LYING WLY OF SLY PROJECTION OF ELY LINE OF LOT 2 OF SD BIG LAKE VIEW 3RD ADD &
LYING NELY OF LINE DRAWN 33FT NELY OF & PAR & CONCENTRIC WITH FOLL DESC LINE COM AT NW COR OF
LOT 3 BLK 1 OF REC PLAT OF HARDWOOD HILLS THN N88DEG47'24''E PLAT BEARING ALONG N LINE OF
HARDWOOD HILLS DIST OF 250FT TO PT OF BEG OF LINE TO BE DESC AT AN ANG PT IN SD N LINE THN
N81DEG01'17''W 183.61FT THN NWLY 302.34FT ALONG TANG CURVE CONCAVE TO NE HAVING RADIUS OF
265.14FT & CTR ANG OF 65DEG20' THN N15DEG41'17''W TANG TO SD CURVE 145FT & SD LINE THERE TERM
SUBDIVISIONNAME BIG LAKE VIEW 3RD ADD LOT 2 SUBDIVISIONCD 91087 ; AND
WHEREAS, the Planning Commission reviewed the request for the Variance at a duly
noticed Public Hearing on August 2, 2016, and recommended approval of the Variance; and
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE PLANNING
COMMISSION OF THE CITY OF SCANDIA, WASHINGTON COUNTY,
MINNESOTA, that it should and hereby does recommend approval of a Variance to permit
construction of a subsurface septic system a minimum of 10 feet from the roadway right-of-way
of 182nd Street and a minimum 30 feet from the nearest wetland boundary on the property at
12700 182nd Street North, based on the following findings:
1. The request is in harmony with the general purposes and intent of the official controls.
The Comprehensive Plan and Development Code support single-family residential uses
in the General Rural District and Shoreland Overlay District. The Plan and ordinance
support protection of water resources including Big Marine Lake. Septic systems are
required for single-family residential uses. The applicants are proposing to upgrade the
current septic system, which will benefit the lake. Granting the variance will maintain
the required setback from the OHWL of the lake, which is a higher priority than the
Resolution No.: 08-16-16-__
Page 2 of 3
wetland and roadway setbacks. The proposed location will also preserve mature trees on
the parcel, which is consistent with the goals in the Shoreland District.
2. The proposed use is reasonable under the conditions allowed by the Development Code.
Single-family residences accessory structures are reasonable uses in the General Rural
District and Shoreland Overlay District. Septic systems are required to support this use
on the parcel.
3. The practical difficulties are unique to the property and were not created by the
applicants. The practical difficulties are created by the limited locations available for the
septic system drainfield due to the required setback form the OHWL and the location of
wetlands, and the existing home, garage, and other structures on the parcel.
4. Granting the variance would not alter the essential character of the area. The new system
will not be visible after construction is complete. The proposed location of the new
system will maintain existing mature trees, which are part of the character of the area.
5. The practical difficulties are not only economic in nature. The practical difficulties are
related to the location of existing structures and wetlands on the parcel that limit the
potential sites for the septic system outside the required setback from the OHWL of Big
Marine Lake.
6. The replacement of the existing single-family home with a similar home will not impair
the supply of light or air to adjacent properties. It will not increase congestion, endanger
the public, or substantially diminish or impair property values in the neighborhood.
7. Granting the requested variance is the minimum action required to eliminate the practical
difficulty. The proposed location of the septic system meets the required setback from
the OHWL, is set as far as possible form the wetlands and roadway right-of-way given
the location of existing buildings and structures on the site.
8. The variance is not related to a need for direct sunlight for solar energy systems.
FURTHER BE IT RESOLVED, that the following conditions of approval shall be met:
1. Development of the property shall be consistent with the plans submitted to the City on
July 11, 2016.
2. The applicants shall obtain a building permit from the City.
3. The applicants shall obtain any required Watershed District permit.
4. The applicants shall obtain the required septic system permit from Washington County.
5. The septic system shall be setback a minimum of ten (10) feet from the roadway right-of-
way.
Resolution No.: 08-16-16-__
Page 3 of 3
6. The Applicant shall pay all fees and escrows associated with this application.
Adopted by the Scandia City Council this 16th day of August, 2016.
______________________________
Randall Simonson, Mayor
ATTEST:
_________________________________
Neil Soltis, Administrator/Clerk