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5.c PC Resolution No. 2021-09_Adams Variance CITY OF SCANDIA, MINNESOTA PC RESOLUTION NO. 2021-09 APPROVING VARIANCE FOR PARCEL 09.032.20.22.0035 LOCATED AT 12408 228TH STREET NORTH WHEREAS, Austin Adams has made an application for a variance to construct a septic system with portions within the east side yard setback, the setback from an occupied structure, and the setback from an unoccupied structure, on property identified as PID 09.032.20.22.0035; and WHEREAS, the property is legally described as follows: LOT A HOLSTEN'S SHORES THAT PART OF LOT A, HOLSTEN'S SHORES, ACCORDING TO THE PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE REGISTER OF DEEDS OF WASHINGTON COUNTY, MINNESOTA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF SAID LOT A; THENCE ON AN ASSUMED BEARING OF SOUTH 55 DEGREES 10 MINUTES 55 SECONDS WEST ALONG THE NORTHERLY LINE OF SAID LOT A, A DISTANCE OF 67.89 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 26 DEGREES 55 MINUTES 0 SECONDS EAST A DISTANCE OF 194.61 FEET TO THE SOUTHERLY LINE OF SAID LOT A; THENCE WESTERLY ALONG SAID SOUTHERLY LINE OF SAID LOT A TO A POINT DISTANT 89.35 FEET SOUTHWESTERLY FROM THE SOUTHEASTERLY CORNER OF SAID LOT A; THENCE NORTHWESTERLY TO A POINT ON THE NORTHERLY LINE OF SAID LOT A DISTANT 89.35 FEET SOUTHWESTERLY FROM THE NORTHEASTERLY CORNER OF SAID LOT A; THENCE NORTHEASTERLY ALONG SAID NORTHERLY LINE 21.46 FEET TO THE POINT OF BEGINNING. AND THAT PART OF LOT A, HOLSTEN'S SHORES, WASHINGTON COUNTY, MINNESOTA, DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID LOT A, 89.35 FEET SOUTHWESTERLY FROM THE NORTHEAST CORNER THEREOF; THENCE CONTINUING IN A SOUTHWESTERLY DIRECTION ALONG THE NORTHERLY LINE A DISTANCE OF 89.35 FEET TO A POINT; THENCE SOUTHEASTERLY IN A STRAIGHT LINE TO A POINT ON THE SOUTH LINE OF SAID LOT A, 178.70 FEET SOUTHWESTERLY FROM THE SOUTHEAST CORNER OF SAID LOT A; THENCE NORTHEASTERLY ALONG THE SOUTHERLY LINE THEREOF TO A POINT 89.35 FEET SOUTHWESTERLY FROM THE SOUTHEAST CORNER OF SAID LOT A, THENCE NORTHWESTERLY IN A STRAIGHT LANE TO THE POINT OF BEGINNING. AND AN UNDIVIDED ONE - EIGHTH INTEREST (1/8) IN AND TO TRACT C OF HOLSTEN'S SHORES, ACCORDING TO THE SURVEY AND PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE REGISTER OF PC Resolution No.: 2021-09 Page 2 of 4 DEEDS OF WASHINGTON COUNTY, MINNESOTA, SUBJECT TO EXISTING EASEMENT RIGHTS GRANTED TO OTHERS. WHEREAS, the Planning Commission reviewed the request for variances at a duly noticed Public Hearing on June 1, 2021, and recommended that the City Council approve the variances 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 to construct a septic system with portions within the east side yard setback, the setback from an occupied structure, and the setback from an unoccupied structure at 12408 228th Street North, based on the following findings: 1. Chapter IX of the Comprehensive Plan, Water Resources, discusses sewage systems. The Comprehensive Plan notes an objective that “In cooperation with Washington County, enforce strict conformance with regulations for the design, installation, and maintenance of on-site treatment systems including minimum design, licensing, and installation requirements of Minnesota Rules Chapter 7080.” The Comprehensive Plan does not discuss or address situations of where setback variances for such systems may be needed, but does note that in the absence of access to a public system, an individual or community system will need to be used. Given that, apart from setbacks, the proposed system meets applicable requirements, the request appears to be 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 this variance request is approved. Proposing to continue to use the property for residential use is a reasonable use. 3. The practical difficulties are due to the parcel not conforming to the minimum lot size. Combined with the existing structures on the site, there is a limited amount of space to use for a septic system without encroaching into a setback. These issues were created prior to the current owner acquiring the property, and have been present prior to the current setback requirements for such systems being adopted. The practical difficulties of the lot being non-conforming are not caused by the current landowner and are unique to the property. 4. The use and function of the property would remain residential, as is the use of other nearby lots in the area. Installing a new septic system on a lot would not alter the character of the neighborhood. Granting the variances would not alter the essential character of the area. 5. The practical difficulties are related to the limited amount of land available on this nonconforming lot. The practical difficulties are not only economic in nature. PC Resolution No.: 2021-09 Page 3 of 4 6. Granting the requested variances 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 should not be negatively impacted, either, if the requested variances are granted. The requested variances 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 lot is smaller than is required. A house and a garage currently occupy the lot. The proposed septic, while able to meet some setbacks, is as proposed still encroaching into some required setback areas. Apart from adding more land to the lot, or moving the existing structures away from the system, there are no ways to create enough space on the parcel to construct a system that meets every required setbacks. Without a variance of some sort to setback requirements, the lot would be rendered unable to have a septic system. The requested variance appears to be the minimum action required to eliminate the practical difficulty of the nonconforming lot not providing ample space for a septic system that meets required setbacks. 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 from the house, garage, and property lines as shown on the site plan submitted to the city and reviewed with this request. 2. The applicant shall secure any applicable permits from the Comfort Lake Forest Lake 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 septic permit, showing any areas of soil disruption, in order to ensure that drainage is not directed to adjacent properties and proper erosion control measures are taken. 4. The applicant shall secure any other applicable Federal, State, County, and local permits required for the project. 5. The applicant shall pay all fees and escrows associated with this application. PC Resolution No.: 2021-09 Page 4 of 4 Adopted by the Scandia Planning Commission this 1st day of June, 2021. _________________________________ Travis Loeffler, Chair ATTEST: _________________________________ Ken Cammilleri, City Administrator