5.b PC Resolution 09-05-17-02 13030 recommending approval of variance from wetland setback for replacement of sewer tanks- 13030 182nd St. (Olson)
CITY OF SCANDIA, MINNESOTA
PC RESOLUTION NO. 09-05-17-02
APPROVING A VARIANCE FOR 13030 182ND STREET NORTH
WHEREAS, Gary and Martha Olson have made an application for a Variance to permit
the installation of a new Subsurface Septic Treatment System (SSTS in a location that will not
comply with the required setbacks from a wetland, the side lot line, and the roadway right -of-
way on the parcel located at 13030 182nd Street North; and
WHEREAS, the property is legally described as follows:
LOT FOUR, BIG LAKE VIEW 2ND ADDITION, SECTION 33, TOWNSHIP 32
NORTH, RANGE 20 WEST, CITY OF SCANDIA, WASHINGTON COUNTY,
MINNESOTA; and
WHEREAS, the Planning Commission reviewed the request for the Variance at a duly
noticed Public Hearing on September 5, 2017; and
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 the
variance to allow the installation of a new SSTS that is a minimum of 50 feet from the delineated
boundary of the wetland adjacent to Big Marine Lake, 8 feet from the western side lot line, and
13 feet from the roadway right-of-way on the parcel located at 13030 182nd Street North, based
on the following findings:
1. Granting the requested variance is in harmony with the purposes and intent of the
Comprehensive Plan and Development Code based on the following:
The residential use is permitted in the General Rural District, and a SSTS is required
to support the use.
The proposed location will meet the goals and policies in the Comprehensive Plan
because it will replace a system that does not meet current SSTS requirements with a
system that will do so.
Resolution No.: 09-05-17-02
Page 2 of 3
The proposed system location will provide additional separation from Big Marine
Lake and the wetland adjacent to the lake.
The proposed variance from the setback from the road right-of-way increases the
system separation from Big Marine Lake and the adjacent wetland. Protection of the
lake is a higher priority than maintaining the 40-foot road right-of-way setback.
2. Single-family residences are reasonable uses in the GR District. The use could not
continue without an SSTS that meets current standards.
3. The practical difficulties are caused by the location of the lake, wetlands, soils suitable
for septic system construction, and the location of the existing structures on the parcel.
The areas where the SSTS can be accommodated are limited to the areas proposed by the
applicant. It is not possible to locate the new SSTS on the parcel to meet all of the
required setbacks.
4. Granting the variance would not alter the essential character of the area.
The applicants’ property is surrounded by parcels with single-family residences.
5. The practical difficulties are not due to economic conditions. The practical difficulties
are caused by the location of the lake, wetlands, and existing structures, and limited area
where the SSTS can be accommodated on the parcel.
6. The proposed variance will not impair the supply of light or air to adjacent properties,
increase congestion, endanger public safety, or diminish or impair property values in the
neighborhood.
7. Installation of the replacement SSTS in the proposed location is the minimum action
required to eliminate the practical difficulty. The proposed location increases the setback
from the OHWL of the lake by reducing the setback from the roadway, which is a lower
priority than the setback form the OHWL, and the proposed location increases the
setback from the wetland as much as possible given the site constraints.
8. Granting the variance will provide adequate access to direct sunlight for solar energy
systems.
FURTHER BE IT RESOLVED, that the following conditions of approval shall be met:
1. The applicants shall install the SSTS in the locations consistent with the Certificate of
Survey submitted to the City on August 16, 2017.
2. The applicants shall complete a wetland delineation on the parcel, and shall update the
Certificate of Survey with the results of the wetland delineation.
3. The updated survey shall verify that the house if far enough from the west lot line to
allow for the sewer pipe to be directed from the new sewer tanks to the new drainfield
location.
Resolution No.: 09-05-17-02
Page 3 of 3
4. The applicants shall obtain a County SSTS permit for the new septic system.
5. The City Engineer shall review the final survey, elevations, and grading plan to
determine if drainage will be directed onto adjacent properties, and shall require changes
if needed.
6. The applicants shall install erosion control practices that meet City requirements prior to
removal of the existing tanks to prevent any erosion toward the wetland and lake, shall
maintain the erosion control practices during construction, and shall seed and mulch the
disturbed areas promptly at the completion of construction.
7. The applicants shall obtain the required Watershed District permit(s) for the project.
8. The Applicant shall pay all fees and escrows related to this application.
Adopted by the Scandia Planning Commission this 5th day of September, 2017.
______________________________
Dan Squyres, Chair
ATTEST:
_________________________________
Neil Soltis, Administrator/Clerk