4.d) Res 09-02-14-04 Sundberg Variance docx
CITY OF SCANDIA, MINNESOTA
PC RESOLUTION NO. 09-02-14-04
APPROVING A VARIANCE FOR 21795 ST. CROIX TRAIL NORTH
WHEREAS, Rudy Sundberg, applicant, and Alfred R. Sundberg, Jr. and Carol H.
Sundberg as Trustees, owners, have made an application for a Variance from the requirements of
the Washington County Subsurface Sewage Treatment Systems (SSTS) Ordinance to place a
septic system holding tank on their residential property in a location that requires a variance from
the 50-foot setback from the rear lot line on the parcel located at 21795 St. Croix Trail; and
WHEREAS, the property is legally described as follows:
A tract of land situate in the North Half, Section 18, Township 32 North, Range 19 West,
4th Principal Meridian, Washington County, Minnesota 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, and
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE PLANNING
COMMISSION OF THE CITY OF SCANDIA, WASHINGTON COUNTY,
MINNESOTA, that it should and hereby does recommend approval of a Variance to permit the
placement of a septic system holding tank in a location a minimum of 35 feet from the rear
property line on the property at 21795 St. Croix Trail, 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
Resolution No.: 09-02-14-04
Page 2 of 3
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
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:
1. Installation of the system shall be consistent with the plans submitted to the City on
August 8, 2014.
Resolution No.: 09-02-14-04
Page 3 of 3
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
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 applicant and system designer shall verify to the City that the tanks can be pumped
from the driveway at the proposed location, or identify how a pump truck will access the
tank to complete the required pumping, before a permit shall be issued for the system.
5. The applicants shall obtain the required septic system permit from Washington County.
6. The applicants shall obtain a Watershed District permit, if required.
7. The owner shall obtain and maintain a contract for disposal and treatment of the septage
with a licensed Maintainer.
8. 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.
9. 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.
10. The sewage discharge pipe shall be located at least 30 feet from the water supply well.
11. Before each winter, the discharge pipe shall be completely drained and the ejector basket
and tanks shall be pumped out.
12. The Applicant shall pay all fees and escrows associated with this application.
Adopted by the Scandia Planning Commission this 2nd day of September, 2014.
______________________________
Christine Maefsky, Chair
ATTEST:
_________________________________
Kristina Handt, Administrator/Clerk