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
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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.
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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