08.b1c Resolution No. 2021-25 Adams Variance
CITY OF SCANDIA, MINNESOTA
CC RESOLUTION NO. 2021-25
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
CC Resolution No.: 2021-25
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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 CITY COUNCIL
OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should
and hereby does 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.
CC Resolution No.: 2021-25
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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 r eviewed 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.
CC Resolution No.: 2021-25
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Adopted by the Scandia City Council this 15th day of June, 2021.
_________________________________
Christine Maefsky, Mayor
ATTEST:
_________________________________
Ken Cammilleri, City Administrator