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7.b)5) Res 09-16-14-07 Sundberg VarianceCITY OF SCANDIA, MINNESOTA RESOLUTION NO. 09-16-14-07 APPROVING A VARIANCE FOR 21715 QUARRY AVENUE NORTH WHEREAS, Rudy Sundberg has made an application for a Variance from the 50 -foot rear setback requirement to place a new septic system holding tank on the parcel at 21715 Quarry Avenue North; and WHEREAS, the property is legally described as follows: Beginning at a point on the west line of the Northeast Quarter, said point being 810 feet south of the northwest corner of said Northeast Quarter; thence, West, to the easterly right-of- way line of the Soo Line Railroad; thence, Southerly, along said right-of-way line, to a point that is 70 feet perpendicular distance South of the north line of the Southeast Quarter Northwest Quarter; thence, East parallel with and 70 feet perpendicular distance South of the north line of said Southeast Quarter Northwest Quarter and the north line of the Southwest Quarter Northeast Quarter, to the westerly shoreline of the west arm of the St. Croix River; thence Northerly, along said shoreline, to a point of a line that is 810 feet perpendicular distance South of the north line of the Northeast Quarter; thence West, parallel with said north line, to the point of beginning; and WHEREAS, the Planning Commission reviewed the request for the Variance at a duly noticed Public Hearing on September 2, 2014, determined that it meets the Development Code criteria for granting the variance, 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 septic system holding tank 25 feet from the rear lot line on the parcel at 21715 Quarry Avenue 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 Agriculture Core and St. Croix River District. The Plan and Code support protection of the St. Croix River and its bluffs. A working septic system is necessary to support the residential use of the property. The cabin structure is only suitable for limited seasonal use, and therefore the Washington County Health Department has recommended that a holding tank is suitable to meet the need for a septic system in this situation. Use of the holding tank will minimize impacts to vegetation, including wetlands and wetland Resolution No.: 09-16-14-07 Page 2 of 3 setbacks, on the parcel, and will create less disturbance and erosion potential than installation of a mound or engineered system. The applicant is proposing to place the new holding tank in a location that will require a variance from the setback from the rear lot line, but meet the required setbacks form the St. Croix River and bluffline. Granting the rear setback variance meets the intent of the official controls because it maintains the setback from the river and bluffline. 2. The proposed use is reasonable under the conditions allowed by the Development Code. Single-family residences accessory structures are reasonable uses in the Agriculture Core and St. Croix River District. Septic systems are necessary for this use. 3. The practical difficulties are unique to the property and were not created by the applicant. The practical difficulties are created by the size of the parcel and potential impacts to wetlands, wetland setbacks, and mature vegetation. The parcel depth does not permit the placement of a holding tank that meets the setback from the St. Croix River as well as from the rear lot line and use of a holding tank rather than a mound system will avoid impacts to wetlands and wetland setbacks. 4. Granting the variance would not alter the essential character of the area. The holding tank will be located below ground. 5. The practical difficulties are not only economic in nature. The practical difficulties are related to the small size of the parcel and the potential impacts to wetlands, wetland setbacks, and mature vegetation on the parcel. 6. The septic tank 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 holding tank will provide an environmentally -sound septic system to serve the use on the parcel, while creating the least disturbance to wetlands, wetland setbacks, and mature vegetation among the potential replacement system options. The proposed rear setback is the largest setback that will allow the holding tank to meet the setback requirements from the river and 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: Installation of the system shall be consistent with the plans submitted to the City on August 8, 2014. 2. The use of the cabin shall be seasonal use only. If the applicant or owners propose to expand the dwelling or use of the property, they shall contact Washington County to Resolution No.: 09-16-14-07 Page 3 of 3 determine whether a change in the septic system is required. Future expansion of the dwelling may be limited, and shall strictly comply with all County and City ordinances. 3. The applicants shall obtain a building permit from the City. 4. The applicants shall obtain the required septic system permit from Washington County. 5. The applicants shall obtain a Watershed District permit, if required. 6. The owner shall obtain and maintain a contract for disposal and treatment of the septage with a licensed Maintainer. 7. The applicant shall install an alarm device with audible alarms and lights, to minimize the chance of accidental sewage overflow unless regularly -scheduled pumping is used. The alarm device shall identify when the tank is at 75% capacity, and a pumper must be called to pump the tank if the alarm sounds. 8. The applicants shall complete a vacuum test of the tank after installation and backfill are completed. The test shall ensure that the system is watertight after installation and that no leaks are present. The applicants or the system installer shall provide the results of the test to the City. 9. The sewage discharge pipe shall be located at least 30 feet from the water supply well. 10. Before each winter, the discharge pipe shall be completely drained and the ejector basket and tanks shall be pumped out. 11. The Applicant shall pay all fees and escrows associated with this application. Adopted by the Scandia City Council this 16th day of September, 2014. Randall Simonson, Mayor ATTEST: Kristina Handt, Administrator/Clerk