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7.b i Resolution 8-21-18-01 approving a variance from the bluffline setback for a replacement septic system at 23209 St. Croix Trail NCITY OF SCANDIA, MINNESOTA RESOLUTION NO. 08-21-18-01 APPROVING A VARIANCE FOR 23209 ST. CROIX TRAIL NORTH WHEREAS, the United States National Park Service has made an application for a Variance from the bluffline setback requirement of the Lower St. Croix River Bluffland and Shoreland Management Ordinance to replace an existing subsurface septic treatment system in the same location as the existing septic tank; and WHEREAS, the property is legally described as follows: PT GOV LOT 4 TRACT 06-154 BEG AT NE COR LOT 9 PLAT OF CEDARCLIFF ON ST CROIX THN ALG S LINE OF LOT 8 OF SD SUBD S89DEG02-E 205FT M/L TO W BANK ST CROIX RIVER THN ALG SD W BANK SLY TO S LN GOV LOT 4 THN ALG SD S LN WLY TO PT 330FT E W LN SD GOV LOT THN PARL TO & 330FT E OF SD W LN NLY TO INTERS OF WLY PROLONGATION OF S LN OF LOT 14A OF SD SUBD THN ALG SD WLY PROLONGATION SD S LN & ELY PROLONGATION OF SD S LN S 89DEG02'E 518FT M/L TO INTERS WITH SLY PROLONGATION OF W LN OF LOT 11 OF SD SUBD THN ALG SD SLY PROLONGATION NLY 65FT M/L TO PT 168.34FT S OF S LN OF LOT 10 OF SD SUBD THN PARL TO & 168.34FT S OF SD S LN S 89DEG02-E 400FT M/L TO INTERS WITH SLY PROLONGATION OF E LN OF LOT 11 OF SD SUBD THN ALG SD PROLONGATION & E LE OF LOTS 11 10 & 9 NOODEG23' E 435FT M/L TO PT OF BEG EXCEPT PT PLATTED AS CEDARCLIFF ON ST CROIX TOWNSHIP 032 RANGE 019 WHEREAS, the Planning Commission reviewed the request for the Variance at a duly noticed Public Hearing on August 7, 2018, and recommended approval of the Variance; 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 replacement of an existing subsurface septic treatment system with a new system located the maximum feasible distance and a minimum of five (5) feet from the bluffline on the parcel at 23209 St. Croix Trail North, based on the following findings: The proposed variance is in harmony with the general purposes and intent of the official controls based on the finding that there is no location on the parcel where the new subsurface septic treatment system could be located on suitable soils and meet the bluff setback requirement; the proposed location will remove the existing cistern near the bluff that does not comply with current SSTS design standards; the proposed location will minimize potential impacts to slopes, vegetation, and views from the river; and the proposed location complies with the other dimensional requirements of the applicable ordinances and the intent of the official controls. 2. Septic systems are required for residential structures in the St. Croix Riverway District and Agriculture Core Zoning District and are a reasonable use. 3. The practical difficulties are unique to the property and were not created by the applicant. Resolution No.: 08-21-18-01 Page 2 of 3 The practical difficulties include the locations of bluffs on most of the area of the parcel and limited areas of soils suitable for a subsurface septic treatment system. These practical difficulties limit the location of the septic system to an area that does not meet the bluff setback requirement. 4. Granting the variance would not alter the essential character of the area. The new subsurface septic treatment system will not be visible from adjacent properties, and the placement of the new system in the same location as the existing system will preserve the existing vegetation on the parcel that screens views from the St. Croix River. 5. The practical difficulties are not related to economic conditions alone, but are caused by the location of bluffs throughout the parcel and the limited areas of soils on the site that are suitable for a subsurface septic treatment 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 proposed variance is the minimum action required to eliminate the practical difficulty and address the variance requirements of the Riverway Ordinance. The location of the new subsurface septic treatment system in the same location as the existing septic system tank where it meets the other dimensional requirements of the ordinance will minimize the variance required and minimize the potential impacts to steep slopes, bluffs, vegetation, and views from the river. 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 new structure shall be located and constructed as shown on the site plan and septic system report submitted to the City on July 13, 2018. 2. The applicant shall obtain an approved septic system permit from Washington County, and submit a copy of the permit to the City. 3. The applicant shall obtain a Grading/Land Alteration Permit from the City if the project will excavate, add, or remove ten (10) cubic yards or more of material or disturb six hundred (600) square feet or more. 4. Engineer shall review the drainage and upland slopes to see if drainage can be diverted temporarily during construction while final restoration is completed and vegetation is established. 5. The applicant shall have best management practices for erosion and sediment control installed prior to any excavation work. Resolution No.: 08-21-18-01 Page 3 of 3 6. The applicants shall protect vegetation over six (6) inches in diameter to the extent possible. 7. Site work shall comply with the regulations of the Carnelian -Marine St. Croix Watershed District, and the applicants shall obtain any required District permits. 8. The applicants shall pay all fees and escrows associated with the variance application. Adopted by the Scandia City Council this 21st day of August, 2018. Christine Maefsky, Mayor ATTEST: Neil Soltis, Administrator/Clerk