7.b 1 Resolution 06-19-18-03 13424 182nd Variance
CITY OF SCANDIA, MINNESOTA
RESOLUTION NO. 06-19-18-03
APPROVING A VARIANCE FOR 13424 182ND STREET NORTH
WHEREAS, James and Barbara Riehle have made an application for a variance from the
required building and well setbacks from the roadway right-of-way of 182nd Street North and the
bluff line to construct a new year-round cabin on the parcel at 13424 182nd North (PID
3403220330008); and
WHEREAS, the property is legally described as follows:
Lot 7 Herbert Engquist Subdivision, Washington County, Minnesota; and
WHEREAS, the Planning Commission reviewed the request for the Variance at a duly
noticed Public Hearing on June 5, 2018, 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 approve a Variance to permit construction of a new year-round cabin located a
minimum 16.9 feet from the roadway right-of-way, a well located a minimum of 5 feet from the
roadway right-of-way, and structures located 0.0 feet from the bluffline on the parcel at 13424
182nd Street North (PD 3403220330008), based on the following findings:
1. The proposed residential use is in general harmony with the Comprehensive Plan and
general purposes and intent of the Plan and Development Code. The Comprehensive
Plan and Shoreland Ordinance include policies to allow residential uses in the General
Rural District and Shoreland Overlay District and to preserve steep slopes and meet
setback requirements. The proposed variance preserves the required separation between
the lake and the cabin and septic system, and between the septic system and the proposed
well, by granting a variance from the required structure setback from the roadway. The
entire parcel at 13424 182nd Street North is located within the bluff area, and it is not
possible to develop a residential use on the parcel without a variance from the bluff
setback requirement. The conditions for approval require that the applicants complete a
detailed grading plan for city approval, and that they obtain all required permits for
grading, erosion and sediment control from the City and Watershed District.
.
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 bluff that exists over
the entire parcel, the location of soils and slopes best suited to the septic system location
Resolution No.: 06-19-18-03
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and the existing size of the parcel. The parcel could not be developed for the proposed
use without a variance. The landowner did not create the practical difficulties.
4. Granting the variance for the dwelling at the location requested by the applicant would
not alter the character of the area. The neighborhood includes homes of similar sizes and
locations on small parcels.
5. The practical difficulties are not related to economic conditions alone, but are caused by
the bluffs that occupy the entire parcel, the location of soils and slopes suitable for the
proposed septic system, and the small size 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 is the minimum action required to develop a residential use on the
parcel. The proposed primary structure, septic system, and well locations preserve the
required setback from the OHWL of Big Marine Lake and the required separation
between the septic system and well by granting a variance from the required setback from
the roadway right-of-way. A variance is required from the bluff setback for the
development of any structures on the property because the entire property is located on a
bluff.
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 development of the parcel shall be consistent with the Certificate of Survey provided to the
City on May 21, 2018.
2. The applicants shall obtain Washington County’s approval of the variance needed for the
subsurface sewage treatment system (SSTS) and obtain all required approvals for the system and
its construction.
3. The applicants shall submit a detailed grading and stormwater management plan for approval by
the City Engineer prior to approval of the building permit. The plan shall include the grades for
the proposed driveway, and shall show the proposed driveway/garage floor opening elevation.
4. The applicants shall identify the areas on the plan for proposed vegetation removal and
protection. Existing vegetation outside the area that will be disturbed for construction of the
cabin shall be preserved and protected from construction impacts. The grading plan shall identify
the vegetated areas that shall be protected, the best management practices that will be
implemented to protect the vegetation outside the areas disturbed for construction, and the
timetable and methods for stabilizing the disturbed areas in the short- and long-term.
5. To prevent drainage onto adjacent properties, the applicants shall provide and complete grading
along the side lot lines to direct drainage onto their parcel, and depending on the roof pitch
direction, should consider installing gutters and rain leaders.
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6. Soil piles from the excavation for the proposed work shall be handled with care. Material should
be hauled off-site immediately, or stored in a manner that has perimeter protection.
7. All erosion control devices shall be installed before any construction work begins.
8. The applicants shall obtain a building permit for the proposed development of the site. The
building inspector shall verify the height of the structure is consistent with the Shoreland
Ordinance requirement.
9. The applicant shall obtain the required permit(s) for the new well and related work from the
Minnesota Department of Health.
10. The applicant shall obtain any required Watershed District permits.
11. The applicant shall pay all fees and escrows associated with the variance application.
Adopted by the Scandia City Council this 19th day of June, 2018.
______________________________
Christine Maefsky, Mayor
ATTEST:
_________________________________
Neil Soltis, Administrator/Clerk