5.a) Res 10-07-14-04 Helms Variance
CITY OF SCANDIA, MINNESOTA
PC RESOLUTION NO. 10-07-14-04
APPROVING A VARIANCE FOR 12160 196TH STREET NORTH
WHEREAS, Ronald and Vicki Helms have made an application for a Variance from the
requirements of the Washington County Subsurface Sewage Treatment System (SSTS)
Ordinance to replace an existing septic system holding tank on their residential property with a
new holding tank, and from the required 20-foot setback from the side lot line on the parcel
located at 12160 196th Street North; and
WHEREAS, the property is legally described as follows:
Mineyahta Beach Addition Lots 13 & 14 and vacated Lakewood Avenue adjacent per
resolution, Mineyahta Beach addition New Scandia Township; and
WHEREAS, the Planning Commission reviewed the request for the Variance at a duly
noticed Public Hearing on September 2, 2014, 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 approval of a Variance to permit
replacement of the existing septic system holding tank with a new holding tank in a location a
minimum of 10 feet from the side property line on the property at 12160 196th Street North,
based on the following findings:
1. The request is in harmony with the general purposes and intent of the official controls.
The Comprehensive Plan and Development Code support single-family residential uses
in the General Rural District and Shoreland Overlay District. A working septic system is
necessary to support the residential use on the property. The Plan and Code support
protection of the City’s water resources from erosion and sedimentation. The cabin
structure is only suitable for limited seasonal use, and therefore the Washington County
Health Department has recommended that a holding tank is suitable to meet the need for
a septic system for the parcel use. The installation of the tank in approximately the same
location as the existing tank will create less disturbance to vegetation and erosion
potential in the Shoreland District than installation of a mound or engineered system.
The proposed location requires a variance from the side lot line setback. Granting the
variance from the side setback minimizes the disturbance that will occur with system
replacement.
Resolution No.: 10-07-14-04
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2. The proposed use is reasonable under the conditions allowed by the Development Code.
Single-family residences are reasonable uses in the General Rural District and Shoreland
Overlay District. Septic systems are necessary for this use.
3. The practical difficulties are unique to the property and were not created by the applicant.
The practical difficulties are created by the size of the parcel and location within the
Shoreland District. Installation of a mound or engineered system that met the ordinance
requirements would disturb a larger area and create more potential impacts to soils and
vegetation in the Shoreland area than the proposed holding tank.
4. Granting the variance would not alter the essential character of the area. The holding tank
will be below ground and will not alter the character of the area.
5. The practical difficulties are not only economic in nature. The practical difficulties are
related to the small size of the parcel and its location in the Shoreland District.
6. The replacement of the existing holding tank with a similar holding tank will not impair
the supply of light or air to adjacent properties. It will not increase congestion, endanger
the public, or substantially diminish or impair property values in the neighborhood.
7. Granting the requested variance is the minimum action required to eliminate the practical
difficulty. Granting the variance will permit a septic system that meets the needs of the
seasonal, low use residential structure. The replacement of the existing holding tank with
a new holding tank in the same location will create the least potential disturbance to soils
and vegetation among the potential replacement system options.
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. Installation of the system shall be consistent with the plans submitted to the City on
August 11, 2014. The new holding tank shall meet the required setback from Big Marine
Lake and the existing well.
2. The applicants shall combine the parcels that they own into a single parcel before the
City will issue a building permit for the proposed holding tank.
3. The use of the dwelling shall be seasonal use only. If the applicant or owners propose to
expand the dwelling or use of the property, they shall contact Washington County to
determine whether a change in the septic system is required. Future expansion of the
dwelling may be limited, and shall strictly comply with all County and City Ordinances.
4. The applicants shall obtain a building permit from the City.
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5. The applicant and system designer shall verify to the City that the tanks can be pumped
from the driveway at the proposed location, or identify how a pump truck will access the
tank to complete the required pumping, before a permit shall be issued for the system.
6. The applicants shall obtain the required septic system permit from Washington County.
7. The owner shall obtain and maintain a contract for disposal and treatment of the septage
with a licensed Maintainer.
8. The applicant shall install an alarm device with audible alarms and lights, to minimize the
chance of accidental sewage overflow unless regularly-scheduled pumping is used. The
alarm device shall identify when the tank is at 75% capacity, and a pumper must be
called to pump the tank if the alarm sounds.
9. The applicants shall complete a vacuum test of the tank after installation and backfill are
completed. The test shall ensure that the system is watertight after installation and that
no leaks are present. The applicants or the system installer shall provide the results of the
test to the City.
10. The sewage discharge pipe shall be located at least 30 feet from the water supply well.
11. Before each winter, the discharge pipe shall be completely drained and the ejector basket
and tanks shall be pumped out.
12. The Applicant shall pay all fees and escrows associated with this application.
Adopted by the Scandia Planning Commission this 7th day of October, 2014.
______________________________
Christine Maefsky, Chair
ATTEST:
_________________________________
Kristina Handt, Administrator/Clerk