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08.b1c Resolution No. 2021-33 McGinley Variance CITY OF SCANDIA, MINNESOTA CC RESOLUTION NO. 2021-33 APPROVING VARIANCE FOR PARCEL 18.032.19.13.0002 LOCATED AT 21529 ST CROIX TRAIL NORTH WHEREAS, Mark McGinley has made an application for a variance to construct a septic system within the required setback from the St Croix River, on property identified as PID 18.032.19.13.0002; and WHEREAS, the property is legally described as follows: POINT DESCRIBED AS FOLLOWS BEGINNING AT POINT ON EAST LINE OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION WHICH POINT IS A DISTANCE OF 1025 FEET SOUTH OF NORTHEAST CORNER OF SAID SOUTHEAST 1/4 OF THE NORTHWEST 1/4 THEN SOUTH ALONG SAID LINE TO RAILROAD RIGHT-OF-WAY THEN NORTHWESTERLY ALONG SAID RAILROAD RIGHT-OF-WAY TO POINT WHICH IS DIRECTLY WEST OF POINT OF BEGINNING THEN IN A STRAIGHT LINE BACK TO POINT OF BEGINNING; AND ALSO THAT PART SAID SECTION DESCRIBED AS FOLLOWS BEGINNING AT POINT ON WEST LINE OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION WHICH POINT IS 1025 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER OF THE NORTHEAST 1/4 THEN SOUTH ALONG SAID LINE TO RAILROAD RIGHT -OF-WAY THEN IN A SOUTHEASTERLY DIRECTION ALONG SAID RAILROAD RIGHT-OF-WAY TO THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION THEN EAST IN STRAIGHT LINE TO LOW WATER MARK OF WEST BANK OF ST CROIX RIVER THEN IN NORTHERLY DIRECTION ALONG SAID LINE BACK TO POINT OF BEGINNING SUBJECT TO SCENIC EASEMENT SECTION 18 TOWNSHIP 32 RANGE 19; and WHEREAS, the Planning Commission reviewed the request for variances at a duly noticed Public Hearing on July 6, 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 new septic tank system within required setback areas from the St Croix River at 21529 St Croix Trail 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 CC Resolution No.: 2021-33 Page 2 of 3 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 the site has not septic or public sewer, and 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 for a seasonal cabin, which would not change if this variance request is approved. Proposing to continue to use the property for seasonal residential use is a reasonable use. 3. The practical difficulties are due to the limited amount of space suitable for a septic system that aren’t encroaching into the required setback from the river. The lot is 198 feet deep at the furthest point from the OHWL. Given that the setback from the river is required to be 150 feet, the system would be limited to locations on the far west side of the lot. The west side of the property slopes down from the east side property line towards the river. The slopes on the west side of the lot were not created by the landowner, and without a considerable amount of grading would not be suitable for a septic system. The practical difficulties are not caused by the current landowner and are unique to the property. 4. The use and function of the property would remain as it is currently, a seasonal cabin, as is the use of other nearby lots in the area. Installing a new septic system on the 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 suitable land for a septic system located outside of required setbacks. The practical difficulties are not only economic in nature. 6. Granting the requested variances would not result in limiting light or air to neighboring properties. The land use will not change, 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 request is 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. The lot is smaller than is typically required, which results in most of the lot being in the required setback from the river. The west side of the lot slopes down from the property line abutting the railroad towards the river. The proposed septic system, when able to meet other setbacks and being away from slopes, would still be encroaching into the setback from the river. Apart from clearing and grading areas on CC Resolution No.: 2021-33 Page 3 of 3 the west side of the lot that are further than 150 feet from the OHWL, it is hard to find a location that does not encroach into the setback from the river. The requested variance appears to be the minimum action required to eliminate the practical difficulty of the lot lacking suitable 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 OHWL of the St Croix River 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 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 and locations of any trees to be removed, 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. Adopted by the Scandia City Council this 20th day of July, 2021. _________________________________ Christine Maefsky, Mayor ATTEST: _________________________________ Kenneth Cammilleri, City Administrator Motion for adoption: Seconded by: Voted in favor: Voted against: Abstained: Absent: