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
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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