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3.b Request from Reinhardt for wetland fill for driveway1 Neil Soltis From:Katie Reinhardt <katieareinhardt@yahoo.com> Sent:Monday, April 29, 2019 9:27 AM To:Christine maefski; Neil Soltis; c.ness@ci.scandia.mn.us; s.kronmiller@ci.scandia.mn.us; p.ray@ci.scandia.mn.us; j.cusick@ci.scandia.mn.us Subject:Reinhardt Driveway Finalization Council Meeting 5/21/2019 Dear Mayor and City Council, We request to be added to the agenda for the monthly City Council Meeting on May 21, 2019 to reconsider the conditions of our driveway variance. As well as obtaining our final driveway permit and any other required permits to obtain closure on our project in accordance with the the driveways currently reduced size, restored area and wetland replacement plan as discussed with WCA and DNR officials April 19, 2019. We are also seeking to come to an agreement on fees associated with our project imposed by the City of Scandia. As always, we remain ready and able to follow though on our wetland mitigation plan as instructed by the WCA and confirmed again on April 19, 2019. The remaining approval lies with the City of Scandia. Upon Receipt of this approval we will finalize this project and all parties will see closure. Thank You in advance for your consideration. We look forward to finalization of our project and an enjoyable summer for our family. If you have any questions please call us at 651-433- 4430. Sincerely, Katie and Joe Reinhardt Sent from my iPhone Memo To: Scandia City Council From: Brenda Eklund, Deputy Clerk Date: May 21, 2019 Re: Reinhardt Outstanding Planning & Zoning Charges Joe and Katie Reinhardt have outstanding charges due to the City of Scandia for planning and legal costs resulting from applications made for a Wetland Review in 2017- 18 and a Variance in 2018. Language in the planning and zoning application signed by the applicant’s states: “I understand that applicants are required to reimburse the city for all out-of-pocket costs incurred for processing, reviewing and hearing the application. These costs shall include, but are not limited to: parcel searches; publication and mailing of notices; review by the city’s engineering, planning and other consultants; legal costs, and recording fees. An escrow deposit to cover these costs will be collected by the city at the time of application.” To date the costs incurred by the City, less the escrow deposits, have been billed to Joe and Katie Reinhardt: • Wetland Review billed 4/10/2018 $3,059.50 • Variance billed 2/5/2019 $3,368.81 $6,428.31 Joe and Katie Reinhardt have contested some of the billed charges and will be asking the City Council to resolve the amount owed. Resolution No.: 10-16-18-08 Page] of 3 CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 10-16-18-08 APPROVING A VARIANCE FOR 18884 LAYTON AVENUE NORTH WHEREAS, Joseph and Katherine Reinhardt have made an application for an after -the - fact variance from the required wetland setbacks for a driveway that was constructed at 18884 Layton Avenue North; and WHEREAS, the parcel where the driveway is located is legally described as follows: Lot 19, Block 3, Bliss Plat 2nd Subdivision, Washington County, Minnesota; and WHEREAS, in 2017, the applicants constructed a driveway from Langly Avenue North to their property at 18884 Layton Avenue North, filling 4,608 sq. ft. of protected wetland without applying for driveway, land alternation, or wetland permits to construct the driveway; and WHEREAS, the City of Scandia, in its capacity as the Local Governmental Unit (LGU) for the Minnesota Wetland Conservation Act (WCA) found the driveway construction to be a violation of the WCA; and WHEREAS, in August 2017, the Washington Conservation District and Minnesota DNR issued a wetland restoration order for the violation; and WHEREAS, in September 2017, the applicants submitted a wetland replacement application seeking to purchase wetland banking credits to offset a portion of the wetland and to restore the remainder of the wetland; and WHEREAS, the Technical Evaluation Panel (TEP) reviewed the wetland replacement plan application at the request of the City, and denied the application on the following grounds: 1) the new driveway was not needed to provide access to the property's septic system, (2) the new driveway was not needed to provide access to the storage of items on the property, and (3) the applicants had not demonstrated that no alternative exists that would avoid impacts to wetlands; and WHEREAS, the applicants appealed the TEP decision to deny the wetland replacement plan application to the City, and the appeal was heard by the City's Board of Adjustments and Appeals in January 2018; and the Board of Adjustments and Appeals upheld the denial of the wetland replacement application and affirmed the TEP's conclusions; and WHEREAS, the Board of Adjustment and Appeals decision noted that, under Section 8420.0520, Subpart 3. C(3)(d) of the Minnesota Administrative Rules, the Board determined that the City had not received a variance application or other application to allow for a potential alternative access on the property that would not disturb the wetland and that, if the City granted HPSERVERI7\SharedDocs\Board and Council\Resolutions\2018\10-16-18-08 Approving a variance from weland setback 18884 Layton Ave. N.docx Resolution No.: 10-16-18-08 Page 2 of 3 the variance for the alternative access, then the after -the -fact replacement application would be moot; and WHEREAS, the applicants submitted the after -the -fact variance application to the City for the driveway access from Langly Avenue North on September 4, 2018; and WHEREAS, the Planning Commission reviewed the request for the variance at a duly noticed Public Hearing on October 2, 2018, and recommended that the City Council deny the variance request; and WHEREAS, though the applicants did not formally apply for a variance for a potential alternative, they instead explained to the City Council how the potential alternative is not workable under the circumstances; 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 the Variance request to permit the driveway that was constructed within the boundary of a protected wetland on the parcel at 18884 Layton Avenue North, based on the following findings: There is no feasible and prudent alternative available that would avoid impacts to the wetland. The driveway cannot be reasonably modified in terms of size, scope, or configuration in a manner that would avoid impacts to the wetland. 3. The scope of the project as proposed in the Wetland Restoration Plan will minimize the impacts to the wetland. The Comprehensive Plan and Shoreland Ordinance include policies to preserve wetlands and require wetland setbacks. The proposed variance would negatively impact a wetland; however, the Wetland Replacement Plan provides for the mitigation of the wetland impacts and restoration of the wetland areas not mitigated. Single-family residences are permitted in the General Rural District and Shoreland District, and the current single-family residential use is a reasonable use on the property. 5. Granting the variance will not alter the essential single-family residential character of the area. 6. The practical difficulties are physical elements that are unique to the property. A driveway could not be constructed to the Reinhardt parcel that has frontage on Langley Avenue without impacting the wetland. The alternate location south of the primary structure would create truly unusual access problems and the additional driveway on Layton Ave. would be out of character for the general HPSERVERI7\SharedDocs\Board and Council\Resolutions\2018\10-16-18-08 Approving a variance from weland setback 18884 Layton Ave. N.docx Resolution No.: 10-16-18-08 Page 3 of 3 area. The practical difficulties are also related to the location of the wetland on the portion of the property on Langley Avenue and the physical characteristics of the portion of the property with frontage on Layton Avenue. The driveway does 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. 8. The requested variance is the minimum action required to provide the requested relief. 9. The variance is not related to a need for direct sunlight for solar energy systems. FURTHER BE IT RESOLVED, that the approval contingent on the following conditions: The applicants shall combine the five parcels (Tax ID# 31.032.20.11.0024, 31.032.20.11.0025, 31.032.20.11.0026. 31.032.20.11.0038, and 31.032.20.11.0039) into a single tax parcel no later than December 21, 2018. The Council City discussed requiring the applicants to combine the five parcels in the Torrens real property records, but new information indicated that such a combination occurred in December 2014, so further discussion is moot.) 2. The applicants shall submit a revised Wetland Replacement Plan under the Wetland Conservation Act pursuant to the restoration order and satisfy all applicable conditions and stipulations. 3. The applicants shall obtain a permit from the Carnelian Marine St. Croix Watershed District and satisfy all applicable conditions and stipulations. 4. The applicants shall obtain driveway, land alteration, and grading permits from the City of Scandia and satisfy all applicable conditions and stipulations. The applicants shall pay all fees and escrows associated with the variance application. Adopted by the Scandia City Council this 16th day of October, 2018. Christine Maefsky, ayor ATTE T: Neil Soltis, Administrator/Clerk HPSERVERI7\SharedDocs\Board and Council\Resolutions\2018\10-16-18-08 Approving a variance from weland setback 18884 Layton Ave. N.docx