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06.h Variance from a Wetland Setback for a Subsurface Sewage Treatment System at 10740 230th ST N. - Wilkinson1 | P a g e Date of Meeting: July 21, 2026 To: Honorable Mayor and Members of the City Council From: T.J. Hofer, Consultant City Planner Greenlee Dahle, Consultant City Planner Re: Variance from a Wetland Setback for a Subsurface Sewage Treatment System at 10740 230th Street North Applicant: George Wilkinson Zoning: RR-G, SM-O Owners: George & Kristel Wilkinson Future Land Use: Rural Mixed Use Location: 10740 230th St N PID 0703220210003 Review Deadline August 1, 2026 The applicant is requesting approval for a variance to replace an existing subsurface sewage treatment system (SSTS or septic). As the existing septic encroaches into a wetland setback, a variance is required to be reviewed and acted on by the City Council. The staff report to the Planning Commission from the July 7, 2026, meeting is attached and includes the full background of the request, as well as an evaluation of the request, and an analysis based on the standards in the Unified Development Code. EVALUATION OF REQUEST Proposed Conditions The applicant proposes to replace the existing septic system which is noncompliant and required to be upgraded by Washington County. The new septic would be a Type III mound system, and the applicant has worked with a licensed septic designer to establish a site plan. The mound system is proposed as a rock bed with sand below and no drain field due to the soils on site.There is a proposed pump tank located 19.2 ft. from the wetland boundary on the southeast of the site. The proposed soil treatment area (absorption extent) would be 35.0 ft. from the wetland boundary to the south on the site. 2 | P a g e Variance Section 153.500.060 Subd. 1 (B) establishes the standards for when the City shall approve a variance and mirrors Minn. Stat. 462.357, subd. 6(2). The variance must be consistent with the Comprehensive Plan and must be in harmony with the general purpose and intent of this Chapter. A variance may be granted when enforcement of this Chapter would result in practical difficulties. The practical difficulties test criteria as established by Minnesota Statute and codified in the UDC and are detailed in the attached Planning Commission staff report and followed by s . ANALYSIS Review Comments The submittal was sent to city staff and other regulatory agencies for review and comment, and comments have been incorporated into the resolution or staff has responded to comments in the attached Planning Commission report. The comments are detailed in the Planning Commission report that is attached. 3 | P a g e Planning Commission The request was heard at the July 7, 2026, meeting of the Planning Commission. A public hearing was held and no comments were received. The Planning Commission discussed the application and reviewed the conditions. The Commission discussed the location of the existing system and the pipe that was proposed to be placed through the wetland boundary identified on the survey from the National Wetlands Inventory. The Planning Commission requested staff follow up with the watershed district regarding the wetland impacts. Staff reached out to the Comfort Lake Forest Lake Watershed District (CLFLWD) following the Planning Commission meeting on July 7, 2026. CLFLWD has indicated that a permit from the watershed district will be required. The Planning Commission moved to recommend approval of the request. The motion was approved with a vote of 5-0. Staff Analysis Staff find that the proposed variance is consistent with the UDC and the Comprehensive Plan. The application meets the standards for practical difficulty, and the proposed plan is the minimum action required to address it. COUNCIL ACTION The City Council can do one of the following: 1. Approve, with or without conditions, of the attached resolution. 2. Deny, with findings, of the attached resolution. 3. Table the request for further review/study. RECOMMENDATION The Planning Commission recommend approval of the proposed variance. Motion to recommend the City Council approval a 40.0-foot variance for a soil treatment and dispersal area and a 55.8-foot variance for a sewage tank from the 75-foot Manage 1 wetland setback and the 75-foot Unclassified Body of Water setback to replace an existing noncompliant septic system for the property at 10740 230th Street North, with the findings and conditions described within the staff report. The findings included in the attached resolution and following conditions of approval are recommended: 1. The location and layout of the subsurface sewage treatment system on the lot shall be substantially consistent with the plans submitted to the City and reviewed with this request except where revisions are required with this approval. 4 | P a g e 2. The variance shall be recorded with Washington County within one year of the date when the variance is approved by the City. 3. The applicant shall secure the septic installation permit from Washington County, obtain any other applicable permits from the watershed district, and all other local, state, and federal entities. 4. The applicant shall pay all other fees and escrows associated with this application. Attachments A. Resolution 07-21-26-02 Approving a Variance from a Wetland Setback of a Manage 1 Wetland to Allow for the Replacement of a Subsurface Sewage Treatment System for Parcel 07.032.20.21.0003 Located at 10740 230th Street North B. Comfort Lake Forest Lake Watershed District comments, dated July 9, 2026 C. Variance from a Wetland Setback for a Subsurface Sewage Treatment System at 10740 230th CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 07-21-26-02 APPROVING A VARIANCE FROM A WETLAND SETBACK OF A MANAGE 1 WETLAND TO ALLOW FOR THE REPLACEMENT OF A SUBSURFACE SEWAGE TREATMENT SYSTEM FOR PARCEL 07.032.20.21.0003 LOCATED AT 10740 230th STREET NORTH WHEREAS, George Wilkinson , on behalf of Kristel and George , has requested and made an application for a 40.0-foot variance for a soil treatment and dispersal area and a 55.8-foot variance for a sewage tank from the 75-foot Manage 1 wetland setback and a 75-foot Unclassified Body of Water setback to replace an existing septic system for the property at 10740 230th Street North and the property is legally described as; That part of the Northeast Quarter of the Northwest Quarter (NE 1/4 of NW 1/4) of Section Seven (7), Township Thirty-two North (T32N), Range Twenty West (R20W), which lies North and East of the Town Road running across said tract AND which lies easterly of the following described line: Commencing at the North Quarter corner of said Section 7; thence West along the north line of said Section, on an assumed bearing of North 90 degrees 00 minutes West, to the northwest corner of the Northeast Quarter of the Northeast Quarter of the Northwest Quarter (NE 1/4 of NE 1/4 of NW 1/4) of said Section 7; thence South 31 degrees 49 minutes 46 seconds East to the center line of the Town Road, also known as 230th Street, and there terminating. Subject to the rights of the public in the Township Road along the southerly line thereof, and in the County Road along the East line thereof. ; and, WHEREAS, the Washington Conservation District determined that the wetland on the property is classified as a Manage 1 wetland; and, WHEREAS, the City of Scandia has adopted Ordinance 198 Shoreland Management Regulations which requires a 75-foot minimum setback for Sewage Treatment Systems from Manage 1 wetlands; and, WHEREAS, the City of Scandia has adopted Washington County Development Code ) as adopted on July 27, 2018, and as may be amended from time to time is hereby adopted by reference as if herein printed in full; and, WHEREAS, the Washington County SSTS Regulations requires a 75-foot minimum setback for sewage tanks and soil treatment and dispersal areas from Unclassified Body of Water, and; WHEREAS, the Planning Commission reviewed the variance request at a duly noticed Public Hearing on July 7, 2026, and recommended that the City Council approve the request with conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does approve, a 40.0-foot variance for a soil treatment and dispersal area and a 55.8-foot variance for a sewage tank from the 75-foot Manage 1 wetland setback and a 75-foot Unclassified Body of Water setback to replace an existing septic system for the property at 10740 230th Street North, based on the following findings: 1. The proposed use of a septic system is reasonable and necessary for the existing use, a single-family dwelling, to continue on the site. 2. The site has an existing septic system that must be replaced as it has been found noncompliant with the adopted standards for subsurface sewage treatment systems by Washington County. The property is an existing lot of record and is uniquely encumbered by wetland setbacks, which limit usable space on the lot. 3. The variance will replace an in ground system with a mound system, as the site cannot support an in ground system. The essential character of the locality is not impacted by this change. 4. Economic conditions are not the sole factor in the variance. 5. The variance is not related to inadequate access to direct sunlight for solar energy systems. 6. The proposed variance will not impair 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. 7. The requested variance is the minimum action required to eliminate the practical difficulty as there are no alternatives to address sewage treatment on the property. FURTHER BE IT RESOLVED that the following conditions of approval shall be met: 1. The location and layout of the subsurface sewage treatment system on the lot shall be substantially consistent with the plans submitted to the City and reviewed with this request with the exception of where revisions are required with this approval. 2. The variance shall be recorded with Washington County within one year of the date when the variance is approved by the City. 3. The applicant shall secure all applicable permits required from Washington County, the watershed district, as well as all other local, state, and federal entities. 4. The applicant shall pay all other fees and escrows associated with this application. Whereupon, said Resolution is hereby declared adopted on this 21st day of July 2026. Steve Kronmiller, Mayor ATTEST: Kyle Morell, City Administrator © B o l t o n & M e n k , I n c - W e b G I S 0 Le g e n d Th i s d r a w i n g i s n e i t h e r a l e g a l l y r e c o r d e d m a p n o r a su r v e y a n d i s n o t i n t e n d e d t o b e u s e d a s o n e . 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