7.b 1 Resolution 10-18-16 Eckman Variance docxCITY OF SCANDIA, MINNESOTA
PC RESOLUTION NO. 10-18-16-01
APPROVING A VARIANCE FOR PARCEL 30.032.19.23.002 LOCATED ON 199TH
STREET NORTH
WHEREAS, Jon Eckman and Lisa Towry have made an application for a Variance from
the setback requirements from wetlands to construct a new subsurface septic system including
two drain fields on the property identified as PID 30.032.19.23.002; and
WHEREAS, the property is legally described as follows:
PT SW 1/4- NW 1/4 BEING W OF 4TH MERIDIAN LYING ELY OF R/W OF MPLS ST. PAUL &
SAULT ST MARIE RR CO AS RUNS OVER & ACROSS SECTION 30 TOWNSHIP 032 RANGE
019; AND
WHEREAS, the Planning Commission reviewed the request for the Variance at a duly
noticed Public Hearing on October 2, 2016, and recommended approval of the variance with
conditions; and
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
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 50 feet from the nearest wetland and 40 feet from the northern parcel
boundary on Parcel 30.032.19.23.002, based on the following findings:
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. Septic systems are required
for single-family residential uses. The proposed location is the only area on the parcel
where the septic system can be placed near the proposed home, on soils suitable for a
septic system, and other structure setbacks can be met.
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 applicant.
The practical difficulties are created by the limited locations available for the septic
system drain fields due to the soils and locations of wetlands on the parcel.
Resolution No.: 10-18-16-01
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4. Granting the variance would not alter the essential character of the area. The new system
will not be visible after construction is complete.
5. The practical difficulties are not only economic in nature. The practical difficulties are
related to the locations of soils suitable for a septic system and wetlands on the parcel that
limit the potential sites for the septic system.
6. Granting the variance 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 all setback requirements
except the wetland setback. The applicants have proposed the widest setback possible
from the wetlands given the soil conditions and wetland locations.
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 generally consistent with the plans submitted to the
City on September 16 and October 4, 2016.
2. The proposed building shall be a maximum 35 feet in height.
3. The applicants shall obtain an easement or other agreement for driveway access through
the adjacent parcel before the City will issue a driveway permit.
4. The applicants shall work with the City and the Carnelian -Marine -St. Croix Watershed
District on the required sizing and design of the driveway culvert(s).
5. The applicants shall obtain any required Watershed District and wetland permits.
6. The applicants shall obtain the required septic system permit from Washington County.
7. The applicants shall pay all fees and escrows associated with this application.
Adopted by the Scandia City Council this 18th day of October, 2016.
Randall Simonson, Mayor
ATTEST:
Neil Soltis, Administrator/Clerk