7.b1 Resolution No. 12-17-19-03 Pribyl Variance
CITY OF SCANDIA, MINNESOTA
CITY COUNCIL RESOLUTION NO. 12-17-19-03
APPROVING A VARIANCE FOR 22577 KIRK AVENUE NORTH
WHEREAS, Joe Pribyl has made an application for a variance from the required wetland
setback to install a septic system at 22577 Kirk Avenue North; and
WHEREAS, the property is legally described as follows:
LOTS 6 AND 7, BLOCK 2, KIRKHILL ESTATES, WASHINGTON COUNTY,
MINNESOTA BLOCK 2 LOT 7 SUBDIVISIONCD 91400 SUBDIVISIONNAME
KIRKHILL ESTATES BLOCK 2 LOT 6 SUBDIVISIONCD 91400
SUBDIVISIONNAME KIRKHILL ESTATES; And
WHEREAS, the Planning Commission reviewed the request for the Variance at a duly
noticed Public Hearing on December 3, 2019 and recommended that the City Council approve
the variance with conditions;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE PLANNING
COMMISSION OF THE CITY OF SCANDIA, WASHINGTON COUNTY,
MINNESOTA, that it should and hereby does recommend that the City Council approve a
Variance of eight (8) feet from the required 75 foot wetland setback to install a septic system
22577 Kirk Avenue North, based on the following findings:
1. The Comprehensive Plan and Development Code support single-family residential uses
in the General Rural 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. The
proposed variance is in general harmony with the purposes and intent of the
Comprehensive Plan and Development Code.
2. Single-family residences are permitted, and therefore reasonable, uses in the General
Rural District. Septic systems are required to support the use on the parcel. The proposed
use is reasonable under the conditions allowed by the Development Code.
3. The practical difficulties are created by the limited locations available for the septic
system due to the locations of slopes, suitable soils and wetlands on the parcel. The
practical difficulties are not caused by the current landowner, and are unique to the
property.
City Council Resolution No.: 12-17-19-03
Page 2 of 2
4. Other properties in the area include single-family homes and septic systems. The new
system will not be visible after construction is complete. Granting the variance would
not alter the essential character of the area.
5. 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. The practical
difficulties are not only economic in nature.
6. Granting the proposed variance will not impair the supply of light or air to adjacent
properties, increase congestion, endanger the public, or substantially diminish or impair
property values in the neighborhood.
7. The proposed location of the drainfield meets all setback requirements except the wetland
setback. The applicant has proposed the widest setback from the wetland that is possible
given the soil conditions, well location 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 shall be generally consistent with the plans submitted to the
city for this application.
2. The setback from the wetland shall be no less than sixty seven (67) feet.
3. A grading permit from the City will be required if land alteration and grading for the new
septic system will exceed 10 cubic yards of material added to or removed from the site or
excavated within the site; and/or the disturbance of land area of 600 square feet or more.
4. The applicant shall obtain the required septic system permit from Washington County.
5. The applicant shall pay all fees and escrows associated with this application.
Adopted by the Scandia City Council this 17th day of December, 2019.
_________________________________
Christine Maefsky, Mayor
ATTEST:
_________________________________
Ken Cammilleri, City Administrator