7.b i Discussion on Resolution 03-19-19-02 approving a variance from shoreland and wetland setbacks for the construction of a driveway at 11285 218th St.
Memorandum
To: Scandia City Council
Reference: Jensen Variance Request
11245 218th Street North
Copies To: Neil Soltis, City Administrator Project No.: 17122.000 (Jensen)
Brenda Ecklund, City Clerk Routing:
Brent Jensen, applicant
From: Merritt Clapp-Smith, Planner
Date: March 11, 2019
SUBJECT: Request for Variances from setbacks to a wetland and the Ordinary High
Water Level of German Lake for installation of a driveway.
MEETING DATE: March 19, 2019
LOCATION: 11245 218th Street North, (PID 18.032.20.14.0003)
APPLICANT: Brent Jensen
16231 Hanson Blvd
Andover, MN 55304
OWNER: Brent and Joellen Jensen
16231 Hanson Blvd
Andover, MN 55304
ZONING: General Rural (GR) District and Shoreland Overlay District
60-DAY PERIOD: March 23, 2019
ITEMS REVIEWED: Complete application, plans, and supplemental information received
January 22, 2019.
Jensen Variance Request Submitted: March 13, 2019
Scandia City Council Page 2 City Council Meeting: March 19, 2019
PROPERTY INFORMATION
Parcel description: 11245 218th Street North is a 19.1 acre lot that includes part of German Lake.
County property records indicate that 11.6 acres of the lot are in the Wetland Program.
Zoning: The parcel is located in the General Rural (GR) District and the Shoreland Overlay District
of German Lake, classified as a “Natural Environment” lake.
Land use: The property has no structures on it.
Natural Features and Conditions: The topography of the property is heavily sloped and narrows
to a peninsula in German Lake at the south end. A ‘Manage 1’ wetland sits at the northwest
corner of the property. The property is heavily wooded. A gravel driving path runs south about a
1/3 of the way into the property from 218th St N. A relatively flat building site sits at the center
of the parcel and is accessible by passing along an approximately 170 foot wide strip of land that
sits between the Ordinary High Water Level of German Lake and the edge of the wetland, or
along an approximately 20 foot wide strip of land that sits between the property line and the
edge of a wetland.
Aerial and property survey for 11245 218th Street North.
Jensen Variance Request Submitted: March 13, 2019
Scandia City Council Page 3 City Council Meeting: March 19, 2019
DESCRIPTION OF THE REQUEST
Setback variances for a driveway from the OHWL of German Lake and from a wetland.
Required OHWL setback from German Lake is 200 feet; Proposed is approximately 145 feet
Required setback from the Manage 1 wetland is 75 feet; Proposed is approximately 10 feet
The applicant is proposing to run a driveway to a future building pad on the property. An existing,
partial driveway runs much closer to German Lake than the proposed driveway. The proposed
driveway would sit further back from the lake and follows an alignment designed to minimize tree
cutting, grading and fill.
At the location where the driveway would run closest to the wetland, a 24 inch by 30 foot culvert
is proposed to run under the driveway, to allow water runoff to flow between the high point in the
area and the wetland, without erosion impacts.
PLANNING COMMISSION DISCUSSION
At the public hearing, Scandia resident John Lindell spoke in opposition to the variance. He cited a
number of concerns, the foremost noted below, with related discussion from the meeting.
1. Concern - DNR and watershed staff were not consulted on the case.
Discussion at meeting – DNR and watershed staff comments were solicited and were
noted in the Planning Commission staff report . In addition, the Planning Commission
packet for the variance item included the full watershed permit and comments.
2. Concern - The addition of a driveway would cause pollution into the wetland and lake.
Discussion at meeting – The Planning Commission asked what type of pollution was a
concern, and Mr. Lindell referred to auto related pollution. The Planning Commission
noted that residential development and driveways are an allowed use near
waterbodies in the City and that this case did not seem to be dist inctly different.
3. Concern - An alternative location for the driveway access and route were not considered,
even though an option perceived as less impactful exists by creating a driveway entrance
off 218th on the northwestern corner of the site and running along the Xcel powerline
easement.
Jensen Variance Request Submitted: March 13, 2019
Scandia City Council Page 4 City Council Meeting: March 19, 2019
Discussion at meeting – The alternative
location was discussed for some time. It
was noted that an existing wetland sits in
the northwest corner of the site, with
only a narrow strip between the wetland
edge and the property line. Two
Commissioners who had toured the site
recently looked at that area of the
property and said that it appeared to
them that some filling of the wetland
would be required to install a driveway
entrance there. Filling part of a wetland
was considered to be a greater
environmental impact than the proposed
driveway location with a wetland setback.
The Planning Commission also discussed watershed permit recommendation #5, to realign the
proposed driveway 75 feet east of the delineated wetland boundary, instead of the proposed 10
feet east. In light of this, the Planning Commission suggested that any variance approval be
conditioned on the driveway location being adjusted to comply with recommendations of the
watershed district, with final alignment to be approved by the watershed and the City engineer
prior to construction. [This is noted as condition #1 at the end of this report.]
The property includes an Xcel powerline easement running from northwest to southeast across
the site. The Planning Commission and city staff were not certain what land use limitations might
be placed on the property in relation to the easement, but felt it was prudent for this to be
identified and considered in relation to any permits issued by the city to the prope rty.
The question was raised if it was wise for the City to issue a driveway permit prior to an application
for a residential structure, since the future home site could need variances, which may or may not
be approved. The Commissioners discussed it and agreed that driveways are a legal use on a
property in and of themselves, and do not require that a future home or structure be built.
EVALUATION OF VARIANCE REQUEST
Comprehensive Plan
The Comprehensive Plan describes the General Rural District as a residential area of mixed lot
sizes. The Plan supports single-family residential uses in the GR District. The Comprehensive
Plan includes goals to protect water and native plant resources by working with property owners
and through enforcement of the City’s ordinances, including the Shoreland ordinance.
Distance from northwest corner of property to
wetland to the east is approx. 20 feet.
Jensen Variance Request Submitted: March 13, 2019
Scandia City Council Page 5 City Council Meeting: March 19, 2019
The proposed driveway would be set back further from German Lake than an existing, informal
access lane and seeks to locate the driveway in an alignment that minimizes vegetative cutting,
grading and erosion impacts. It is therefore consistent with the policies of the Comprehensive
Plan for uses in the General Rural and Shoreland Overlay Districts.
Development Code Requirements relevant to proposed application
Lot Size and Setbacks
Lot Size
The applicant’s parcel is 19.1 acres, larger than minimum lot size of 2.0 acres for the GR district
and more than the 2.5 acre minimum lot size for riparian parcels in the Shoreland Overlay
District. It is also larger than the underlying density of 4 dwelling units per 40 acres.
Setbacks
The proposed driveway location requires variances from the OHWL of German Lake and from a
wetland.
Required OHWL setback from German Lake is 200 feet; Proposed is approximately 145
feet
Required setback from the Manage 1 wetland is 75 feet; Proposed is approximately 10
feet
Note: The Watershed’s conditional approval recommends shifting the driveway alignment
further east – at least 75 feet east of the wetland, which would place it within about 85 feet of
the German Lake OHWL.
Driveway Access
Described above.
Vegetation
The property is a wooded lot. The proposed driveway location is preferred over the existing
driveway location in order to move the driveway further back from German Lake and to follow
an alignment that minimizes vegetative cutting.
Grading and Drainage
The applicant has applied for a grading permit from the City of Scandia. He proposes to install
at culvert under the driveway where it runs closest to the wetland. Please see comments from
City Engineer in next item.
City Engineer Comments
City Engineer, Ryan Goodman, provided the following recommendations and comments.
Variance
Jensen Variance Request Submitted: March 13, 2019
Scandia City Council Page 6 City Council Meeting: March 19, 2019
If the Variance request is approved then the applicant will have to obtain a grading &
building permit to construct the proposed driveway/house. I understand they have
submitted a grading/land alteration permit application but the information listed below
needs to be addressed prior to review.
Proposed culvert west invert shall be approved by Washington Conservation District &
Watershed District. Setting it too low will drain the existing wetland.
Grading Plan – Grading/Land Alteration Permit
Proposed project is located within a Shoreland Zone and will disturb fifty (50) cubic
yards or more and/or disturbance of 1,000 square feet or m ore along with clearing
trees.
Site work shall be in compliance of the Watershed District and Washington
Conservation District.
Driveway dimensions, slopes, and elevations need to be included on the proposed
driveway.
Proposed 24” Culvert needs to include invert elevations and a final driveway grade spot
elevation right above culvert for review and approval by the Watershed District and
City.
Driveway needs to be reviewed and approved by the Fire Department, including the
discussion of a midpoint turnaround.
Slopes matching into wetland edges shall conform to 6:1 slope as much as possible.
Provide this information at the culvert crossing location.
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. All erosion control devices must be installed before any
construction work begins including rock construction entrance. Street sweeping shall
be anticipated.
Temporary restoration may be required to contain any erosion. Upon completion of
the grading, site restoration shall be completed as soon as possible.
Grading plan needs to identify the proposed garage low floor opening and the house
low floor opening to verify elevation is 3 feet above the OHW and 1 foot above any
natural emergency overflows.
City has previously permitted and approved the driveway access to 218th Street and
will remain in its current location.
Work should be coordinated with Private Utilities to allow extension of services at the
same time the driveway work is happening.
A Gopher State One Call is required before any excavation work can start.
At time of Building Permit
Proposed height of improvements within/adjacent to Northern States Power easement
shall be reviewed.
Jensen Variance Request Submitted: March 13, 2019
Scandia City Council Page 7 City Council Meeting: March 19, 2019
Septic drainfield system and secondary system will have to be shown and approved by
Washington County.
Proposed well location will need to be shown to verify required separation distances
and approved by the Minnesota Department of Health.
Stormwater Management and Watershed District Comments
The Carnelian-Marine-St. Croix Watershed District Board issued Conditional Approval to Mr.
Jensen for a Land Disturbance Plan to construct a driveway. The report is attached and three
of the key requirements for the driveway are noted below:
3. Erosion & Sediment Control – A sediment and erosion control plan must be provided and
must include a temporary rock construction entrance, silt fencing downstream of disturbed
areas, revegetation specifications, and a construction implementation schedule.
4. Buffers – The location of the proposed driveway is within the required 75 -feet buffer of
the delineated wetland on the north edge of the parcel. Per District Rule 4.5.2, creation of
impervious area is prohibited within this buffer. The District suggests shifting the proposed
driveway to the east to avoid the wetland buffer, while still making use of the beneficial
topography located at the wetland outlet. As the existing driveway is nonconforming
(within the 100-feet buffer of German Lake), the District would accept locating the new
driveway within the lake buffer, provided the existing distance between the lake and
driveway is not decreased (which is unlikely).
6. Wetland Management – The proposed plan does not include fill within wetlands,
however, a Manage 2 wetland drains east to German Lake over a topographic saddle on
which the driveway is proposed. The proposed culvert must not be placed below the existing
overflow elevation of the wetland. Additional culvert details are required to verify no
indirect wetland impacts.
DNR Comments
The Department of Natural Resources (DNR) Area Hydrologist, Jenifer Sorensen, reviewed the
application and did not have specific comments on the driveway location. However, she
expressed concern that any future home would likely require a variance from the OHWL of
German Lake and she questioned where septic would go.
Applicants’ Rationale for the Variance and Discussions with the City
The applicant’s rationale for the variances for a new driveway is to use a route that that is less
steep than the existing driveway (which is rarely used, since the lot has no dwelling at this time),
Jensen Variance Request Submitted: March 13, 2019
Scandia City Council Page 8 City Council Meeting: March 19, 2019
that moves the driveway further away from German Lake, and that requires less grading, fill and
tree cutting than alternatives alignments would.
Criteria for Variance and Findings
Chapter 1, Section 6.0 of the Development Code includes the criteria and required process for
considering variance requests. Each item to be considered for a variance is identified below in
italics, followed by the Planner’s findings regarding the requested setback variances for a
driveway from the OHWL of German Lake and from an adjacent wetland at 11245 218th Street
North.
1. Variances shall only be permitted when they are in harmony with the Comprehensive Plan
and general purposes and intent of the official control.
The Comprehensive Plan includes goals to protect water and native plant resources by
working with property owners and through enforcement of the City’s ordinances, including
the Shoreland ordinance. The proposed driveway location moves the driveway further
away from German Lake and uses an alignment designed to minimize vegetative cutting
and is therefore consistent with the policies of the Comprehensive Plan for uses in the
General Rural and Shoreland Overlay Districts.
2. The property owner proposes to use the property in a reasonable manner under the
conditions allowed by official control(s).
Single-family residences are permitted in the General Rural District and Shoreland District,
and driveways provided for that intended use are therefore a reasonable use on the parcel.
3. The practical difficulties are not caused by the landowner, and are unique to the property.
The practical difficulties are unique to the property. They include the significant
topography on the site and the narrowness of the strip of land that runs between the lake
and the wetland to get to the building site. The applicant did not create the practical
difficulties.
4. The variance would not alter the essential character of the area.
Granting the variance would not alter the character of the area. The proposed driveway
minimizes site disturbance on the land and is not visible from adjacent properties, except
near the public right-of-way.
5. Economic conditions alone shall not constitute practical difficulties.
Jensen Variance Request Submitted: March 13, 2019
Scandia City Council Page 9 City Council Meeting: March 19, 2019
The practical difficulties are not related to economic conditions alone, but are caused by
the topography of the existing parcel and the location of existing water features.
6. The proposed variance will not impair an 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 i mpair property
values within the neighborhood.
The proposed driveway 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 eliminate the practical difficulty.
The requested variances provide a route for the driveway that will be least impactful to the
natural topography and vegetation on the site, while much more closely meeting the
setback from German Lake relative to an existing driveway. An alternative driveway route
from the northwest corner of the site would be more impactful to the natural features of
the property, since there is only about 20 feet of space between the property line and the
edge of the wetland. Any driveway introduced at this access point would require a setback
variance from the wetland and perhaps a wetland fill permit, to accommodate a driveway
apron off of 218th Street.
8. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for
solar energy systems.
The variance is not related to a need for direct sunlight for solar energy systems.
The findings support granting the variance.
ACTION REQUESTED:
The Planning Commission should receive public comments at the hearing on March 5, discuss the
variance request, and can recommend the following:
1. Approval
2. Approval with conditions
3. Denial with findings
4. Table the request
Jensen Variance Request Submitted: March 13, 2019
Scandia City Council Page 10 City Council Meeting: March 19, 2019
PLANNING COMMISSION RECOMMENDATIONS:
The Planning Commission recommends approval of the setback variances from the OHWL of
German Lake and from the adjacent wetland to allow the installation of a driveway on the
property, subject to the following conditions.
1. The location of the driveway shall be adjusted from the proposed alignment to comply with
recommendations of the watershed district, with final alignment to be approved by the
watershed and the City Engineer prior to construction.
1. The applicant shall obtain other permits as required for building a driveway.
2. The applicant shall pay all fees and escrows associated with the variance application .
Emmons & Olivier Resources, Inc. - 1 - 2/20/19
Carnelian-Marine-St. Croix Watershed District Permit Application Number 19-003
Applicant: Brent Jensen
113XX 218th St. N
Scandia, MN 55073
612-770-6681
brent@npainc.net
Consultant: TBD
Purpose: Land Disturbance Plan for construction of a new driveway to serve a future
single family home riparian to German Lake.
Location: 113XX 218th St. N, Scandia, MN.
District Rule: 3 & 4
Recommendation: Conditional Approval pending receipt of the following items related
to:
Stormwater Management
1. For future home only – Stormwater management plan
providing stormwater BMPs receiving runoff from the majority
of impervious surfaces. Complete the District’s Small
Residential Project Stormwater Worksheet for sizing of
stormwater management feature(s). BMP construction details,
installation instructions and protection notes may be
incorporated directly or by reference from District guidance (see
attached).
Erosion & Sediment Control
2. Grading and erosion control plan identifying the placement and
specifications of erosion control BMPs. This should include, but
may not be limited to a rock construction entrance, silt fence
downstream of disturbed areas, revegetation specifications, and
a construction implementation schedule.
Floodplain
3. For future home only – Specification of the proposed lowest
floor elevation to be at least 2-feet above the 100-year elevation
of German Lake (958.7) and 1-foot above the natural emergency
overflow elevation.
Permit Application No. 19-003 Jensen Driveway & Residence, German Lake
Emmons & Olivier Resources, Inc. - 2 - 2/20/19
Wetland Management
4. Copy of wetland delineation report and Notice of Decision for
approved wetland boundary.
5. Relocation of the proposed driveway east to at least 75-feet from
the delineated wetland boundary (this appears feasible with a
new alignment along shallow slopes.
6. Additional details for the proposed driveway culvert that will
serve as the outlet of the Manage 2 wetland on the north
boundary of the site. This should include the surveyed elevation
of the existing overflow of the wetland, confirmation that the
overflow elevation will not be altered, and culvert sizing details.
Administrative
7. For future home only – Completion of a draft Buffer
Declaration (template attached) in accordance with District Rule
4 (attached) providing a 100-foot buffer from the OHWL of
German Lake (955.5) and 75-feet from the delineated wetland
boundary of the Manage 2 wetland.
8. For future home only – Completion of a draft Declaration for
Maintenance of Stormwater Facilities for access to and
maintenance of proposed stormwater features (see attached
District template).
Stipulations: 1. Contact information for the responsible erosion
control contractor/site manager must be provided
to the District Administrator prior to initiating
work.
2. Notify District Administrator after erosion
control is installed but prior to start of
construction.
3. All work shall be in accordance with the
approved design, plans, computations and
specifications on file with the Carnelian-Marine-
St. Croix Watershed District and any stipulations
identified in this permit. Any proposed revision
to grading, drainage, landscaping and erosion
control plans shall be submitted to the District for
prior approval.
Permit Application No. 19-003 Jensen Driveway & Residence, German Lake
Emmons & Olivier Resources, Inc. - 3 - 2/20/19
4. Applicant shall not alter or disturb the existing
shoreline of German Lake.
5. Applicant is responsible for obtaining all other
required permits and approvals for construction
of proposed project.
6. Install and maintain silt fence down-gradient
from all proposed disturbed soil prior to start of
any construction.
7. Upon approval by the District of the draft
maintenance agreement and buffer declaration,
the documents shall be executed and recorded at
the County on the deed. Submit certified copies
to the District within 60 days of notice of District
approval of draft agreements.
8. Stabilization must be initiated immediately to
limit soil erosion on any portion of the site when
construction activity has permanently ceased or
will not resume for a period exceeding fourteen
(14) calendar days. Stabilization must be
completed no later than fourteen (14) calendar
days after the construction activity in that portion
of the site has ceased. Stabilization must be
completed no later than twenty-four (24) hours
after the construction activity has ceased in that
portion of the site within two hundred (200)
lineal feet of and draining to a wetland,
waterbody, a discernable surface drainage
feature or a stormwater system inlet.
9. Notify District Administrator after completion of
work for final inspection and return of surety.
Exhibits: 1. Permit Application dated 1/22/19, received 1/22/19.
2. Permit Fee ($250) and Surety ($500) received from Brent Jensen, on
1/22/19.
3. Variance Exhibit Survey (1 sheet) prepared by Carlson McCain, last
revised 1/18/19, received 1/22/19.
4. Grading Permit Application for the City of Scandia, received 1/22/19.
Permit Application No. 19-003 Jensen Driveway & Residence, German Lake
Emmons & Olivier Resources, Inc. - 4 - 2/20/19
5. Zoning Variance Application for the City of Scandia, received
1/22/19.
Findings: 1. Description – The proposed project entails constructing a new
driveway at 113XX 218th St. N, for the purpose of reducing necessary
grading and tree removal associated with current site access. This
driveway will serve a future new home, details of which have yet to
be provided.
2. Stormwater Management – Stormwater management will not be
required for construction of the driveway. However, stormwater
management will be required for the proposed residence in accordance
with the District’s Small Residential Project Stormwater Worksheet.
3. Erosion & Sediment Control – A sediment and erosion control plan
must be provided and must include a temporary rock construction
entrance, silt fencing downstream of disturbed areas, revegetation
specifications, and a construction implementation schedule.
4. Buffers – The location of the proposed driveway is within the required
75-feet buffer of the delineated wetland on the north edge of the
parcel. Per District Rule 4.5.2, creation of impervious area is
prohibited within this buffer.
The District suggests shifting the proposed driveway to the east to
avoid the wetland buffer, while still making use of the beneficial
topography located at the wetland outlet. As the existing driveway is
nonconforming (within the 100-feet buffer of German Lake), the
District would accept locating the new driveway within the lake
buffer, provided the existing distance between the lake and driveway
is not decreased (which is unlikely).
5. Floodplain – The 100-yr flood elevation of German Lake is 958.7
(FEMA). The proposed driveway is not within the 100-yr flood zone.
The (future) proposed home lowest floor elevation will need to
comply with District freeboard requirements.
6. Wetland Management – The proposed plan does not include fill within
wetlands, however, a Manage 2 wetland drains east to German Lake
over a topographic saddle on which the driveway is proposed. The
proposed culvert must not be placed below the existing overflow
elevation of the wetland. Additional culvert details are required to
verify no indirect wetland impacts.
Board Action: The CMSCWD Board conditionally approved this application on
Permit Application No. 19-003 Jensen Driveway & Residence, German Lake
Emmons & Olivier Resources, Inc. - 5 - 2/20/19
February 13th, 2019 pending receipt of the above items.
Comments submitted by John Lindell 02/20/2019
As noted above I want to be notified of the site visit. I have expressed
my concerns to you and the Council regarding the proposed driveway just a few yards from
German Lake to access the building site with a driveway across a stream that flows into German
Lake. Washington County, with voter approval,adopted its Land and Water Legacy Program in
2006 to improve and protect waters. An approval of the German Lake plan would require
multiple variances in direct contravention of the special funding and voter support to protect
County waters.
The Council should make its land use and variance decisions that supports the County and State
to protect drinking and other water uses. I hope they will.
regards,
John Lindell
CITY OF SCANDIA, MINNESOTA
CITY COUNCIL RESOLUTION NO. 03-19-19-02
RESOLUTION APPROVING VARIANCES FOR 11245 218TH STREET NORTH
WHEREAS, Brent Jensen has made an application for variances from the required
setbacks from the Ordinary High Water Level (OHWL) of German Lake and from a wetland to
install a driveway at 11245 218th Street North; and
WHEREAS, the property is legally described as follows:
THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 18,
TOWNSHIP 32 NORTH, RANGE 20 WEST, WASHINGTON COUNTY,
MINNESOTA, EXCEPT THAT PART PLATTED AS GERMAN LAKE ESTATES;
And
WHEREAS, the Planning Commission reviewed the request for the Variance at a duly
noticed Public Hearing on February 5, 2019 and recommended that the City Council approve the
variance with conditions;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that Variances
to setbacks from the Ordinary High Water Level (OHWL) of German Lake and from a wetland
to install a driveway at 11245 218th Street North are approved, based on the following findings:
1. The proposed driveway is in harmony with the Comprehensive Plan and general purposes
and intent of the Plan and Development Code. The Comprehensive Plan includes goals
to protect water and native plant resources by working with property owners and through
enforcement of the City’s ordinances, including the Shoreland ordinance. The proposed
driveway location moves the driveway further away from German Lake and uses an
alignment designed to minimize vegetative cutting and is therefore consistent with the
policies of the Comprehensive Plan for uses in the General Rural and Shoreland Overlay
Districts.
2. Single-family residences are permitted in the General Rural District and Shoreland
District, and driveways provided for that intended use are therefore a reasonable use on
the parcel.
3. The practical difficulties are unique to the property. They include the significant
topography on the site and the narrowness of the strip of land that runs between the lake
and the wetland to get to the building site. The applicant did not create the practical
difficulties.
CC Resolution No.: 03-19-19-02
Page 2 of 2
4. Granting the variances would not alter the character of the area. The proposed driveway
minimizes site disturbance on the land and is not visible from adjacent properties, except
near the public right-of-way.
5. The practical difficulties are not related to economic conditions alone, but are caused by
the topography of the existing parcel and the location of existing water features.
6. The proposed driveway 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 variances provide a route for the driveway that will be least impactful to
the natural topography and vegetation on the site, while much more closely meeting the
setback from German Lake relative to an existing driveway. An alternative driveway
route from the northwest corner of the site would be more impactful to the natural
features of the property, since there is only about 20 feet of space between the property
line and the edge of the wetland. Any driveway introduced at this access point would
require a setback variance from the wetland and perhaps a wetland fill permit, to
accommodate a driveway apron off of 218th Street.
8. The variances are 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 location of the driveway shall be adjusted from the proposed alignment to comply
with recommendations of the watershed district, with final alignment to be approved by
the watershed and the City Engineer prior to construction.
2. The applicant shall obtain other permits as required for building a driveway.
3. The applicant shall pay all fees and escrows associated with the variance application.
Adopted by the Scandia City Council this 19th day of March, 2019.
______________________________
Christine Maefsky, Mayor
ATTEST:
Neil Soltis, Administrator/Clerk