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7.b 1 Resolution 03-21-17-01 Ackerman variance Memorandum To: Scandia City Council Reference: Ackerman Variance Request Copies To: Neil Soltis, City Administrator Brenda Ecklund, City Clerk Joe Ackerman, Applicant Project No.: 16322.004 From: Sherri Buss, RLA AICP, Planner Routing: Date: March 13, 2017 SUBJECT: Ackerman Request for Variance from Setbacks from the OHWL, Bluff, and Roadway Right-of-Way and Prohibition on Grading in the Bluff Impact Zone of the Bone Lake Shoreland Area MEETING DATE: March 21, 2017 LOCATION: 23271 Lofton Court North Scandia, Minnesota APPLICANTS: Joe Ackerman 7790 229th Street North Forest Lake, MN 55025 ZONING: General Rural (GR) District and Shoreland Overlay District 60-DAY PERIOD: April 9, 2017 ITEMS REVIEWED: Application, survey, and supplemental information received February 9 and Revised Surveys received February 16 and March 10, 2017 BRIEF DESCRIPTION OF THE REQUEST: The applicant is proposing to build a new home and related structures on a parcel within the Shoreland Overlay District of Bone Lake. The proposed home location would require a variance from the dimensional and performance standards in the Shoreland Management Ordinance. The parcel area is 0.43 acres and it is located in the General Rural (GR) District and the Shoreland Overlay District of Bone Lake, a Recreational Development Lake. The City approved Ackerman Variance Staff Report Scandia City Council Page 2 March 21, 2017 a variance to construct a home on this parcel in 2009, but the proposed home was not constructed within the time frame permitted for use of the variance. The new information that the applicant provided and additional comments and analysis since the Planning Commission meeting are shown in Bold type in this report. BACKGROUND The applicant is proposing to construct a new home with attached garage, driveway, and septic system on the parcel at 23271 Lofton Court North. The proposed setback for the home is 60’ from the Ordinary High Water Level (OHWL) on the survey received with the application. The proposed structure would extend over the Bluff Impact Zone and bluff setback, and would be located approximately 2’ onto the bluff. The existing septic system rock structure is located approximately 10’ from the roadway right-of-way of Lofton Court. The applicant applied for a variance to construct a home on the same parcel in 2009. At that time, the applicant requested that the variance be granted to construct the home 58’ from the OHWL and 2’ into the bluff area. The City approved a variance to locate the home 78’ from the OHWL and 18’ from the bluffline. The previous home on the property was located 82 feet from the OHWL. The rationale to allow the new home to be 4 feet closer to the OHWL than the previous structure was based on the need to accommodate a septic system that meets current County Ordinance requirements, while granting the minimum variance needed to address the identified hardship. The proposed design of the home has changed since the design that was approved with the variance in 2009. The proposed design includes a large deck across the lake side of the structure that was not included in the design submitted in 2009. The proposed location of the home would require a variance from the setback from the OHWL and bluff, and from the performance standard that does not allow grading or filling within the Bluff Impact Zone. The Bluff Impact Zone includes the bluff area and the area located within 20 feet from the top of the bluff. EVALUATION OF VARIANCE REQUEST Comprehensive Plan The Comprehensive Plan describes the General Rural District as a residential area of mixed lot sizes. The Plan states that overall density in the District should meet the Metropolitan Council requirement of no more than 1 housing unit per 10 acres, but acknowledges that there are a significant number of existing smaller parcels in the District, that areas around the lakes in Scandia that do not meet the lot size and density standard, and that this will continue. The Comprehensive Plan includes goals to protect the water resources and bluff areas in the City through enforcement of the City’s ordinances. The City adopted the setback requirements from the OHWL and bluff areas and the standard that prohibits grading in the bluff impact zone to protect water and natural resources in Shoreland areas. The application states that the variance is needed in order to locate a septic system that meets county requirements on the parcel to serve the proposed home. Ackerman Variance Staff Report Scandia City Council Page 3 March 21, 2017 The proposed structure location 60’ from the OHWL and within the Bluff Impact Zone is not consistent with the goals of the Comprehensive Plan and Shoreland Overlay District to protect Shoreland and bluff areas from impacts. Development Code Requirements: Lot Size and Setbacks The applicants’ parcel is 0.43 acres in size, and is a legal nonconforming lot in the Shoreland Overlay District. The required setbacks for structures in the Shoreland Overlay District of Recreational Development Lakes are the following:  Building setback from the OHWL: 100 feet  Septic system setback from the OHWL: 75 feet  Building setback from the bluff line: 30 feet  Side setback (parcels less than 1 acre in size): 10 feet  Rear setback: 50 feet The proposed structure setbacks (Feb. 9) include:  Building setback from the OHWL: 60 feet  Septic system setback from the OHWL: 105 feet  Building setback from the bluff line: -2 feet  Building setback from the closest side lot line: 10 feet  Existing structure setback from the rear lot line: 10 feet The applicant revised plan and submitted a new survey on March 10, based on the staff and Planning Commission comments. The revised survey includes the following setbacks:  Building setback from the OHWL: 78 feet  Septic system setback from the OHWL: 105 feet  Building setback from the bluff line: 15 feet  Building setback from the closest side lot line: 10 feet  Existing structure (septic system) setback from the rear lot line: 10 feet The proposed home requires a variance from the required setbacks from the OHWL and bluff line. It meets the setback requirements from the side lot line. Accessory Structures The aerial photo indicates that there are existing accessory structures on the property that are not shown on the survey. The structures include an existing garage and one or two storage structures near the lake. The Development Code permits 1 accessory structure up to 720 square feet in size on parcels that are less than 1 acre in size. The applicant indicated that the garage will be removed if necessary. 1 or 2 existing structures need to be removed to meet the ordinance requirement. The Planner included a proposed condition for approval of the variance that the garage shall be removed prior to approval of the building permit. One accessory structure is permitted on the parcel. The structure(s) near the Ackerman Variance Staff Report Scandia City Council Page 4 March 21, 2017 lakeshore do not meet the required structure setbacks, and are therefore nonconforming. If nonconforming structure are removed, damaged or destroyed in the future, they may only be replaced in compliance with the standards in the Development Code. The applicant proposed that he be able to keep the existing garage structure in place until construction is complete. The proposed conditions have been revised to permit this and to require that the applicant provide an escrow to the City to complete removal of the building if needed. The condition proposes that the City Administrator will determine the amount of escrow required. Lot Coverage The Shoreland Overlay District permits up to 25% lot coverage. The surveyor calculated that the existing lot coverage by the home, garage and driveway is approximately 16% of the parcel. The surveyor did not include the proposed deck areas in the lot coverage calculation. Decks are defined as impervious surfaces in the Shoreland Ordinance. The deck areas include approximately 850 square feet, and the impervious cover including the deck areas on the revised survey that was submitted on February 16 is 21%. The revised survey received on March 10 indicates that the proposed lot coverage is 18.5%. The proposed structures meet the impervious cover requirement of the ordinance. Building Height The maximum structure height permitted in the Shoreland Overlay District is 35 feet. The proposed home will be 18’ in height at the tallest point, based on the definition of building height in the Development Code. The proposed building meets the ordinance requirement. Driveway Access The site plan includes a driveway that meets the setback requirements in the Development Code. Wastewater Treatment and Well The applicant has proposed a new septic system between the home and the roadway, and is proposing to use the existing well. The Planner sent the application to the Washington County Health Department for review and comment. County staff noted to the following in their comments, based on the County’s Subsurface Septic Treatment System (SSTS) Ordinance (Ordinance 196):  The required separation from the house to the soil treatment area (mound absorption area) is 20 feet  The required separation from the home to the tanks is ten feet.  The tanks and soil treatment area need to be setback at least 10 feet from the property line.  The tanks and soil treatment area must be located at least 50 feet from the well. Ackerman Variance Staff Report Scandia City Council Page 5 March 21, 2017 County staff reviewed the proposed septic system in 2007, and provided a letter to the applicant regarding the location of the system. The County staff recommend that if the proposed home is still a 2-bedroom home, that it may be located at approximately the same location in relationship to the septic system as the structure that was proposed in 2007, and as approved by the 2009 variance. This would permit the house to be located 78’ from the lake while meeting the septic system setback requirements. The septic system does not require that the home be located closer to the lake than the distance approved in the 2009 variance. Pete Ganzel of the County’s Health Department reviewed the plans after the Planning Commission discussion. He stated that the “proposed structure could be moved approximately 8-10 feet west from the location shown on the original survey and still meet the SSTS setback requirements. He also noted the following:  As the proposed structure is considerably wider than that discussed in 2007, the existing tanks will need to be removed and new tanks installed in front of the house, within the secondary mound diking. As long as the dwelling remains two- bedroom, 1000 gallon and 1500 gallon septic/pump combo tanks could be used to save space. A sketch of the possible new dwelling location with the tanks shown is attached.  Mr. Ackerman is proposing to raise the grade on the west side of the new dwelling to create a full height walkout to the east. Fill within the proposed secondary mound diking should be clean sand and the surface prepped as during mound construction. A grading plan with cross-section would help with understanding how the drainage and fill will be reconciled with adjacent property as well as a survey redrawn with the final house location. Pete’s comments confirm that the house and septic system can be constructed to meet the required 78’ setback from the OHWL recommended for the variance in 2009 and 2017. The Planner has included a condition that the applicant shall obtain the required permits for the septic system and well. The staff recommendation is to approve the same structure setback variance from the OHWL that was approved in 2009, and a condition that the applicant shall provide a grading plan with cross-section as suggested by County staff for review by the City Engineer and County prior to approval of the building permit. Impacts to Bluffs, Slopes, and Vegetation The Shoreland Management Ordinance requires a 30-foot setback from the top of bluff line, and requires that grading and filling is prohibited within the bluff impact zone (20 feet from the bluff line and the bluff area). The ordinance requires that grading or filling requires a grading permit and the activities must meet the requirements of the Development Code. The Shoreland Ordinance also requires that there be no cutting or removal of trees over six (6) inches in diameter within the required building setback unless the trees are dead, diseased, or a safety hazard, or if the removal is required for construction of buildings or septic systems . The applicant has proposed that the structure be located within the required bluff setback and bluff impact zone. The proposed location would require a variance. The variance request is discussed later in this staff report. Ackerman Variance Staff Report Scandia City Council Page 6 March 21, 2017 The proposed conditions for the variance require the applicant to obtain a grading and erosion control permit from the City and required Watershed District permits. The survey does not identify trees that will be removed to construct the home, septic system and driveway. The previous staff report stated that the City has typically included a condition for similar variances that the property owner shall install landscaping for stormwater management to mitigate for the loss of trees within the structure setback. Stormwater management will be addressed as part of the Watershed District’s permit requirements and recommendations, including plantings and landscaping. Watershed District Comments The Planner sent the application to the Comfort Lake-Forest lake Watershed District (CMSCWD) for comments. The District’s comments included the following:  The District would like to see the structure meet the setback requirements if possible. If it is not possible, encroachment on the bluff should be minimized.  The project will trigger the District’s Erosion Control rule. If a variance is granted, the District’s buffer rule will be triggered. The applicant will need to incorporate a buffer area along the shoreland and record the buffer. Landscape Plan The applicant will need to meet the Watershed District’s requirements for a vegetated buffer along the shoreline if the variance is granted. The District will approve the buffer plans. DNR Comments The Planner sent the application to the DNR for review and comments but has not received any comments from the agency to date. CRITERIA FOR VARIANCES AND FINDINGS Chapter 1, Section 6.0 of the Development Code includes the criteria and required process for considering variance requests. Variances may only be granted when the terms of the variance are consistent with the Comprehensive Plan and in harmony with the general purpose and intent of the development code. The other variance criteria in the Development Code include: 1. The applicant proposes to use the property in a reasonable manner not permitted by the Development Code. 2. The plight of the landowner is due to circumstances unique to the property not created by the landowner. 3. The variance, if granted, will not alter the essential character of the locality. 4. Economic conditions alone shall not constitute practical difficulties. 5. 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. 6. The required variance is the minimum action required to eliminate the practical difficulty. Ackerman Variance Staff Report Scandia City Council Page 7 March 21, 2017 7. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Applicant’s Rationale for the Variance The applicant stated that the variance is needed in order to locate the structure and required septic system and back-up septic location on the parcel. Variance Request and Findings The following bullets include the Planner’s findings related to the Ackerman request for a variance. Each of the criteria is shown in italics:  Variances shall only be permitted when they are in harmony with the Comprehensive Plan and general purposes and intent of the official control. The proposed residential use is in general harmony with the Comprehensive Plan policies that permit residential uses in the General Rural District, but the applicant’s request for a 60’ structure setback from the OHWL is not in harmony with the Plan’s goals and policies for protection of water, bluffs and natural resources. A septic system that meets County requirements is needed for the proposed use. Washington County has reviewed the plans and proposed septic system, and stated that the home could be located 78 feet from the OHWL and accommodate a septic system that meets the requirements of the County’s SSTS ordinance. The City may grant a variance to accommodate the house and septic system, but should it should be the minimum variance from the required setbacks to accommodate the use based on the variance criteria. The applicant shall be required to obtain City and Watershed District permits for grading, erosion and sediment control and stormwater management, and to implement the Best Management Practices that are required to mitigate the potential impacts to water and natural resources if the variance is granted.  The property owner proposes to use the property in a reasonable manner under the conditions allowed by official control(s). Single-family residences and accessory structures are permitted in the General Rural District and Shoreland District, and are a reasonable use on the parcel.  The practical difficulties are not caused by the landowner, and are unique to the property. The practical difficulties are unique to the property, and include the location of bluffs and dimensions of the existing parcel that do not permit the location of the home and septic system at a location that would meet all of the setback requirements in the ordinance. The landowner did not create the practical difficulties.  The variance would not alter the essential character of the area. Granting the variance at the location requested by the applicant (60’ from the OHWL) would alter the character of the area. The Planner reviewed aerial photos, and Ackerman Variance Staff Report Scandia City Council Page 8 March 21, 2017 estimated that the structures on many of the adjacent parcels are located between 77-88 feet from the OHWL, or meet the setback requirements. None of the dwellings in the area are located as close to the lake as the location proposed by the applicant. Granting the variance at the location permitted by the variance that was approved in 2009 (78’ from the OHWL) would be consistent with the existing setbacks and visual character of the area, and within 4 feet of the location of the previous house on the parcel.  Economic conditions alone shall not constitute practical difficulties. The practical difficulties are not related to economic conditions alone, but are caused by the location of bluffs and the dimensions of the existing parcel.  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 proposed residential use will not impair the supply of light or air to adjacent properties or increase congestion, endanger the public, or substantially diminish or impair property values in the neighborhood.  The requested variance is the minimum action required to eliminate the practical difficulty. The requested variance to permit the home 60’ from the OHWL is not the minimum action required to develop a home on the parcel that addresses the practical difficulties. The minimum structure setback that would eliminate the practical difficulties is the 78’ setback that was approved in the 2009 variance.  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. PLANNING COMMISSION PUBLIC HEARING AND RECOMMENDATIONS The Planning Commission held a public hearing on the Ackerman variance request at its meeting on March 7. The applicant and his builder spoke during the hearing, and asked questions about the proposed deck location, septic system determination, and garage. The Commission noted that the size of the proposed deck had been increased significantly on the 2017 plans compared to the plans approved for the variance in 2009, and that the size of the deck could be reduced to permit the city to grant the same variance from setbacks that was approved in 2009. The Commission requested that staff seek additional review and comments from the County Health Department regarding the minimum variance needed to accommodate the new septic system based on the applicant’s questions at the hearing. The Commission also recommended that the garage could remain on-site through construction if the applicant provides an escrow to the City as other applicants have done to ensure that it is removed when construction is complete. Ackerman Variance Staff Report Scandia City Council Page 9 March 21, 2017 The Commission recommended approval of the variance from the setback from the OHWL of 78’, with the conditions as revised during the discussion. ACTION REQUESTED: The City Council can recommend the following: 1. Approval 2. Approval with conditions 3. Denial with findings 4. Table the request PLANNING COMMISSION RECOMMENDATIONS: The Planning Commission recommends that the City Council approve a variance to permit the construction of a new single family dwelling that is a minimum of 78 feet from the OHWL and 15 feet from the top of the bluff on the parcel at 23271 Lofton Court. The septic system shall be located between the new home and the roadway right-of-way, and shall meet the setback requirements of Washington County Ordinance 196. The Commission recommends the following conditions for the variance: 1. The applicant shall submit a final revised survey that locates the dwelling a minimum of 78’ from the OHWL of Bone Lake and a minimum of 15’ from the bluffline, and locates the septic system and back-up system between the dwelling and roadway at a location that meets the requirements of County Ordinance 196 and recommendations of County staff included in their letter dated March 9, 2017. The final revised survey submittal shall include a grading plan, cross-sections, fill and drainage plan that shall address the County’s recommendations. The City’s Engineer and County staff shall review the survey and grading plan prior to approval of the building permit. 2. The applicant shall obtain a building permit for the proposed development of the site. 3. The existing garage and/or storage structure shall be removed when construction on the site is completed. The applicant shall provide an escrow to the City prior to approval of the building permit to cover the costs to remove the garage. The City Administrator shall determine the amount of the escrow. One accessory structure up to 720 square feet in area is permitted on the parcel after construction is complete. 4. The applicant shall obtain the required permit(s) for the septic system and well. 5. The fill within the proposed secondary mound diking shall be clean sand and the surface prepped as during mound construction. The applicant shall submit a grading plan with cross-section(s) to show the proposed grading and fill, and how the proposed drainage and fill will be reconciled with the adjacent property and the survey with the final house location. 6. The applicant shall obtain a Grading/Land Alteration Permit from the City for any land alteration within the Bluff Impact Zone and bluff setback. Ackerman Variance Staff Report Scandia City Council Page 10 March 21, 2017 7. The applicant shall obtain the required Watershed District permits for the project, and shall incorporate a shoreline buffer area and record the buffer if required. 8. The applicants shall pay all fees and escrows associated with the variance application. 924.0 923.9 924.8 924.7 920.6 934.4 927.0 928.2 92 5 . 7 925.4 935.9 938.0 940.4 942.1 944.5 945.9 946.7 946.0 945.3 944.8 938.7 923.6 938.0 938.0 942.4 927.1 927.7 925.1 58.3 78 78 CERTIFICATE OF SURVEY FILE NUMBER: CHECKED BY: DATE: SCALE: DRAWN BY: I HEREBY CERTIFY THAT THIS SURVEY, PLAN, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF DATE:LIC. NO. DATE AMENDMENTS PREPARED FOR:BY WIDSETH SMITH NOLTING Engineering | Architecture | Surveying | Environmental JOE ACKERMAN MINNESOTA Kelly L. Jordan 3/9/2017 42648 MARCH 9, 2017 AS SHOWN SLD KLJ 1290F0227.000 © 2017 WIDSETH SMITH NOLTING0 Scale In Feet 4020 DESCRIPTION Lot 4, SANDGREN ADDITION, Washington County, Minnesota. APPROX. TOTAL LOT AREA = 18,860 S.F.± TO O.H.W. PROPOSED HOUSE = 2,285 S.F. PROPOSED DRIVEWAY = 1,205 S.F. PROPOSED TOTAL IMPERVIOUS = 3,490 S.F. PERCENT IMPERVIOUS = 18.5% SURVEY NOTES: 1.The orientation of this bearing system is assumed. 2.Existing Parcel 23271 Lofton Court N., Scandia, MN, Parcel ID 05.032.20.43.0010. 3.This survey is base on a Hult and Hebeisen, P.A. survey dated 09/26/2007. LEGEND G.F.E.PROPOSED GARAGE FLOOR ELEVATION L.F.E. PROPOSED LOW FLOOR ELEVATION PROPOSED CONDITIONS CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 03-21-17-01 APPROVING A VARIANCE FOR 23271 LOFTON COURT NORTH WHEREAS, Joe Ackerman has made an application for a Variance from the 100-foot setback requirement from the Ordinary High Water Line (OHWL) of Bone Lake, from the 30- foot bluff setback requirement, and from the Shoreland Management Ordinance standard that prohibits grading and land alteration within the Bluff Impact Zone to construct a new single- family home and related structures at 23271 Lofton Court North; and WHEREAS, the property is legally described as follows: Lot 4 Sandgren Addition, City of Scandia, Washington County, Minnesota; and WHEREAS, the Planning Commission reviewed the request for the Variance at a duly noticed Public Hearing on March 7, 2017; and the Commission 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 approve a Variance to permit construction of a new single-family home and related structures located a minimum of 78 feet from the OHWL of Bone Lake and 15 feet from the bluffline on the parcel, and to permit grading and land alteration within the Bluff Impact Zone as approved by the City, based on the following findings: 1. The proposed residential use is in general harmony with the Comprehensive Plan policies that permit residential uses in the General Rural District, but the applicant’s request for a 60’ structure setback is not in harmony with the Plan’s goals and policies for protection of water, bluffs and natural resources. A septic system that meets County requirements is needed for the proposed use. Washington County has reviewed the plans and proposed septic system, and stated that the home could be located 78 feet from the OHWL and 18 feet from the top of the bluff and to accommodate a septic system that meets the requirements of the County’s SSTS ordinance. The City may grant a variance to accommodate the house and septic system, but should it should be the minimum variance from the required setbacks to accommodate the use based on the variance criteria. The applicant shall be required to obtain City and Watershed District permits for grading, erosion and sediment control and stormwater management, and to implement the Best Management Practices that are required to mitigate the potential impacts to water and natural resources if the variance is granted. Resolution No.: 03-21-17-01 Page 2 of 3 2. Single-family residences and accessory structures are permitted in the General Rural District and Shoreland District, and are a reasonable use on the parcel. 3. The practical difficulties are unique to the property, and include the location of bluffs and dimensions of the existing parcel that do not permit the location of the home and septic system at a location that would meet all of the setback requirements in the ordinance. The landowner did not create the practical difficulties. 4. Granting the variance at the location requested by the applicant (60’ from the OHWL) would alter the character of the area. The Planner reviewed aerial photos, and estimated that the structures on many of the adjacent parcels are located between 77-88 feet from the OHWL, or meet the setback requirements. None of the dwellings in the area are located as close to the lake as the location proposed by the applicant. Granting the variance at the location permitted by the variance that was approved in 2009 for a new residential structure on the parcel (78’ from the OHWL) would be consistent with the existing setbacks and visual character of the area, and is similar to the location of the previous house on the parcel. 5. The practical difficulties are not related to economic conditions alone, but are caused by the location of bluffs and the dimensions of the existing parcel. 6. The proposed residential use will not impair the supply of light or air to adjacent properties or increase congestion, endanger the public, or substantially diminish or impair property values in the neighborhood. 7. The requested variance to permit the home 60’ from the OHWL is not the minimum action required to develop a home on the parcel that addresses the practical difficulties. The minimum structure setback that would eliminate the practical difficulties is the 78’ setback that was approved in the 2009 variance. 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. The applicant shall submit a final revised survey that locates the dwelling a minimum of 78’ from the OHWL of Bone Lake and a minimum of 15’ from the bluffline, and locates the septic system and back-up system between the dwelling and roadway at a location that meets the requirements of County Ordinance 196 and recommendations of County staff included in their letter dated March 9, 2017. The final revised survey submittal shall include a grading plan, cross-sections, fill and drainage plan that shall address the County’s recommendations. The City’s Engineer and County staff shall review the survey and grading plan prior to approval of the building permit. 2. The applicant shall obtain a building permit for the proposed development of the site. Resolution No.: 03-21-17-01 Page 3 of 3 3. The existing garage and/or storage structure shall be removed when construction on the site is completed. The applicant shall provide an escrow to the City prior to approval of the building permit to cover the costs to remove the garage. The City Administrator shall determine the amount of the escrow. One accessory structure up to 720 square feet in area is permitted on the parcel after construction is complete. 4. The applicant shall obtain the required permit(s) for the septic system and well. 5. The fill within the proposed secondary mound diking shall be clean sand and the surface prepped as during mound construction. The applicant shall submit a grading plan with cross-section(s) to show the proposed grading and fill, and how the proposed drainage and fill will be reconciled with the adjacent property and the survey with the final house location. 6. The applicant shall obtain a Grading/Land Alteration Permit from the City for any land alteration within the Bluff Impact Zone and bluff setback. 7. The applicant shall obtain the required Watershed District permits for the project, and shall incorporate a shoreline buffer area and record the buffer if required. 8. The applicants shall pay all fees and escrows associated with the variance application. Adopted by the Scandia Planning City Council this 21st day of March, 2017. ______________________________ Christine Maefsky, Mayor ATTEST: _________________________________ Neil Soltis, Administrator/Clerk