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6.b5 Resolution No 2020-22 Markgraf Variance CC 06.16.20CITY OF SCANDIA, MINNESOTA CC RESOLUTION NO. 2020-22 APPROVING A VARIANCE TO SEPTIC SYSTEM SETBACK FROM WETLAND FOR PARCEL 05.032.20.21.0014 LOCATED AT 23820 LOFTON AVE NORTH WHEREAS, Gary Markgraf made an application for a Variance to septic system location on property identified as PID 33.032.20.34.0008; and WHEREAS, the property is legally described as follows: SHADY OAKS SUBDIVISION, BLOCK 2 LOT 4 & LOT 5; AND WHEREAS, the Planning Commission reviewed the request for the Variance at a duly noticed Public Hearing on June 2, 2020, 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 recommends approval of a Variance to septic system setback from a wetland at 23820 Lofton Ave 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 this 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. 4. Other properties in the area include single-family homes with 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. CC Resolution No.: 2020-22 Page 2 of 2 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 meets all setback requirements, except the wetland setback. The applicant has proposed the greatest 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 fifty (50) feet, 25 feet less than the required 75 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 on this 16th day of June, 2020. Christine Maefsky, Chair ATTEST: Kenneth Cammilleri, City Administrator