9.b Discussion on request to extend deadline for appeal of the TEP decision regarding wetland fill at 18884 Layton Ave.
Staff Report
Date of Meeting: March 19, 2019
To: City Council
From: Neil Soltis, Administrator
Re: Reinhardt request for extension for appeal of TEP decision.
Background: In October 2018 the Council passed Resolution #10-16-18-08 approving a variance
that would allow for the driveway that was constructed through a wetland that provided to access
the rear of the Reinhardt property. The resolution approving the variance contained a provision
that required the combining of the five non-conforming lots under common ownership into a single
tax parcel no later than December 21, 2018.
Based on that approval the Reinhardts applied for a Wetland Conservation Act permit that would
allow for the fill of the wetland. The WCA application was reviewed by the TEP panel and the TEP
panel recommended denial since the WCA permit must be “consistent with other plans such as land
use and zoning” per MN rule 8420.0515 Subp 10.
The Reinhardts were informed of the decision and provided information on the appeal process. As
noted on page 3 of the Notice of Decision the Reinhardts can appeal this decision to the Board of
Adjustment and Appeals within thirty (30) calendar days of the date of mailing the notice which was
February 15, 2019.
On Wednesday, March 13 the following was received in an email from the Reinhardts.
Neil, Mayor and City Council members,
Due to unforeseen circumstances and situations out of our control, we are requesting a 60-day
extension of our driveway appeal deadline. The time we should have had to prepare our appeal
has instead been consumed with the nuisance Nathan Collier. A situation the City of Scandia and
local law enforcement is fully aware of. Please distribute this request to all council members.
Thank you in advance for your consideration,
Issue: Should the Council uphold the TEP Panel recommendation? Is the email notice satisfy the
requirements for filing an appeal? Does the Council wish to provide an extension for appeal to the
Board of Appeals and Adjustments?
Proposal Details: The TEP decision was predicated on the failure to meet the condition of the
variance that was granted to the Reinhardts. The notice of decision provisions regarding appeals
require the filing of an appeal with the fee within 30days. No notice of appeal and fee have been
submitted. If an extension was granted the timing of the Board of Appeals and Adjustment meeting
would be some time after May 15, 2019 and, based on the outcome of the hearing on the appeal,
the Reinhardts then have the ability to appeal the Board decision to the Minnesota Board of Water
and Soil Resources.
Options:
1. Take action to deny the request to extend the appeal period
2. Allow for the requested 60-day extension of the appeal period
3. Allow for a different appeal period.
Recommendation: The Council took action to approve a variance based on conditions that were
not satisfied by the deadline date in the resolution approving the variance. Council should consider
whether it is willing to extend the timeline for satisfying the condition in the variance or consider
other conditions under which the variance would be granted. If not, I would recommend upholding
the TEP decision and denying the request to extend the appeal period.