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8.b1 Resolution No. 2021-21 Potter Variance CITY OF SCANDIA, MINNESOTA CC RESOLUTION NO. 2021-21 APPROVING VARIANCE FOR PARCEL 33.032.20.44.0004 LOCATED AT 13260 182ND STREET NORTH WHEREAS, Daniel and Melissa Potter have made an application for a variance to construct a septic system within the west side yard setback, on property identified as PID 33.032.20.44.0004; and WHEREAS, the property is legally described as follows: BIG LAKE VIEW THE WEST 50 FEET OF LOT 1 AND THE EAST 30 FEET OF LOT 2 NEW SCANDIA TOWNSHIP WHEREAS, the Planning Commission reviewed the request for a Variance at a duly noticed Public Hearing on May 4, 2021, 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 should and hereby does approve a variance to construct a septic system within the west side yard setback at 13260 182nd Street North, based on the following findings: 1. The proposed new septic system would meet all other requirements, apart from the 20 foot setback from the side property line. Conditions for approval should be considered to meet the Comprehensive Plan land use objective of ‘conducting development in a manner that is sensitive to the impact upon natural features and to environmental constraints, including but not limited to scenic views, surface water, wetlands, slopes, woodlands, vegetation, drainage ways, shorelands, and flood plain areas’. The Planning Commission have added conditions of approval to ensure the request is in general harmony with the Comprehensive Plan and Development Code. 2. The current use of the property is single-family residential, which would not change if the variance request is approved. The property is in the GR and Shoreland overlay zoning districts, which permit single-family residential use. Proposing to continue to use the property for residential use is a reasonable use. 3. The practical difficulties are due to the lot and house being nonconforming. The lot itself does not meet the minimum lot size, or buildable area (1 acre) requirements of the underlying zoning district and the overlay. These nonconformities were not created by the landowner. This lot was legally created long before the current regulations were adopted, as was the house. The practical difficulties of the lot being CC Resolution No.: 2021-21 Page 2 of 3 non-conforming are not caused by the current landowner and are unique to the property. 4. The proposed variance would be for a new septic system in the west side yard setback. The new septic system would be necessary to meet modern standards, and would not differ from systems found throughout the area. The use and function of the property would remain residential, as is the use of other nearby lots in the area. The installation of the proposed system would not alter the essential character of the area. 5. The practical difficulties are related to the existing structure (house) not meeting the current setbacks required by the code, and the existing lot being nonconforming. The practical difficulties are not only economic in nature. 6. Granting the requested variance for the septic system would not result in limiting light or air to neighboring properties. The land use will still be single-family residential, so increases to congestion, fire danger, or public safety are not expected. The property values of neighboring values would not be negatively impacted, either, if the requested variances are granted. The requested 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. Given the size of the lot, and the location of the house, it would be hard to find an acceptable location for the new septic system that isn’t within a setback area. It would appear the proposed location is the most minimal action required. The requested variance for the septic system is the minimum action required to eliminate the practical difficulty. 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. The proposed septic system shall follow the setbacks indicated on the survey reviewed with this request. 2. The applicant shall secure applicable permits from the Carnelian Marine St. Croix Watershed District, and comply with their requirements. 3. A grading plan and erosion control plan shall be submitted to the city for review prior to issuance of a building permit, showing any areas of soil disruption, in order to ensure that proper erosion control measures are taken. 4. Documentation from Washington County approving a new septic system shall be turned into the City. 5. The applicant shall secure any other applicable Federal, State, County, and local permits required for the project. CC Resolution No.: 2021-21 Page 3 of 3 6. The applicant shall pay all fees and escrows associated with this application. Adopted by the Scandia Planning Commission this 18th day of May, 2021. _________________________________ Christine Maefsky, Mayor ATTEST: _________________________________ Ken Cammilleri, City Administrator