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7.b2 Resolution No. 8.20.19.02 Geske Variance CITY OF SCANDIA, MINNESOTA CITY COUNCIL RESOLUTION NO. 08-20-19-02 APPROVING A VARIANCE FOR PARCEL 05.032.20.21.0013 LOCATED ON 11565 239TH STREET NORTH WHEREAS, Gary Geske has made an application for a Variance from the setback requirements from wetlands to construct a new subsurface septic system on the property identified as PID 05.032.20.21.0013; and WHEREAS, the property is legally described as follows: LOT 3, BLOCK 3 SHADY OAKS SUBDIVISION 91730; AND WHEREAS, the Planning Commission reviewed the request for the Variance at a duly noticed Public Hearing on August 6, 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 it approves a Variance to permit construction of a subsurface septic system a minimum of 50 feet from the nearest wetland and 40 feet from the northern parcel boundary on Parcel 05.032.20.21.0013, 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 General Rural District and Shoreland Overlay District. Septic systems are required for single-family residential uses. The proposed location is the only area on the parcel where the septic system can be placed near the proposed home and on soils that are suitable for a septic system. 2. The proposed use is reasonable under the conditions allowed by the Development Code. Single-family residences are permitted, and therefore reasonable, uses in the General Rural District and Shoreland Overlay District. Septic systems are required to support the use on the parcel. 3. The practical difficulties are unique to the property and were not created by the applicant. The practical difficulties are created by the limited locations available for the septic system drain field area due to the locations of slopes, suitable soils and wetlands on the parcel. Resolution No.: 08-20-19-02 Page 2 of 2 4. Granting the variance would not alter the essential character of the area. Other properties in the area include single-family homes and septic systems. The new system will not be visible after construction is complete. 5. The practical difficulties are not only economic in nature. The practical difficulties are related to the limited location of soils that will support the septic system and the location of slopes and wetlands on the parcel. 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 requested variance is the minimum action required to eliminate the practical difficulty. The proposed location of the septic system meets all setback requirements except the wetland setback. The applicants have proposed the widest setback possible from the wetlands given the soil conditions and wetland locations. 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. Development of the property and location of the septic shall be consistent with the plans submitted to the city on July 16, 2019. 2. The applicant shall obtain any required Watershed District and wetland permits. 3. The applicant shall obtain the required septic system permit from Washington County. 4. The applicant shall pay all fees and escrows associated with this application. Adopted by the Scandia City Council this 20th day of August, 2019. _________________________________ Christine Maefsky, Mayor ATTEST: _________________________________ Brenda Eklund, City Clerk