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4.a 2 PC Resolution 11-01-16 20919 Quint Variance docxCITY OF SCANDIA, MINNESOTA PC RESOLUTION NO. 11-01-16-01 APPROVING A VARIANCE FOR 20919 QUINT AVENUE NORTH WHEREAS, Michael N. and Pamela P. Smith have made an application for a Variance from the setback requirements from the Ordinary High Water Level of the St. Croix River, the required setback from the bluff line, and the ordinance requirement that slopes greater than 25% shall not be altered to construct a garage in the location where two existing accessory structures shall be removed; and WHEREAS, the property is legally described as follows: PT GOV LOT 5 & PT OF RESERVE #2 & VAC LINDEN ST & BLK 7 DESC AS FOLLOWS COMM AT THE SE COR OF LOT 5 BLK 7 OF THE RECORDED PLAT OTISVILLE THN N89DEG59'27"E ASSUMED BEARING ALONG THE ELY EXTENSION OF THE S LINE OF LOT 5 BLK 7 A DIST OF 110.95 FT TO THE PT OF BEG THN N11DEG57'45"W A DIST OF 249.21 FT THN CONT N11DEG57'45"W A DIST OF 37.27 FT TO A PT HEREAFTER KNOWN AS PT 'A' THN S I IDEG57'45" E RETRACING THE LAST COURSE A DIST OF 37.27 FT THN N89DEG59'27"E A DIST OF 130.34 FT TO A PT HEREAFTER KNOWN AS 'B' THN CONT N89DEG59' 27"E A DIST OF 90 FT M/L TO THE SHORELINE OF THE ST CROIX RIVER THN SLY ALONG SD SHORELINE A DIST OF 244 FT M/L TO THE PT OF INTERS WITH A LINE DRAWN N89DEG59' 27"E FROM PT OF BEG THN S89DEG59' 27"W ALONG SD LINE A DIST OF 172 FT M/L TO THE PT OF BEG SUB TO EASE SECTION 19 TOWNSHIP 032 RANGE 019; AND WHEREAS, the Planning Commission reviewed the request for the Variance at a duly noticed Public Hearing on November 1, 2016, 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 construction of a garage a minimum of 95 feet from the Ordinary High Water Level of the St. Croix River and 0 feet from the bluff line on the parcel located at 20919 Quint Avenue North, based on the following findings: The request is in harmony with the general purposes and intent of the official controls. The Comprehensive Plan and St. Croix Riverway Overlay District ordinance support protection of the Riverway. The applicants have submitted a survey that demonstrates that there is no location on the parcel where the garage could be placed that would meet the dimensional standards of the ordinance, and a location closer to the river would Resolution No.: 11-01-16-01 Page 2 of 3 violate the requirements for nonconforming structures and the scenic easement on the parcel. The applicants have included several elements in the design and construction of the structure to meet the goals and intent of the St. Croix Riverway District ordinance, including placing the proposed structure no closer to the river than the existing structures, building the garage into the hillside to maintain the distance from the river and minimize grade changes to the bluff, maintaining existing adding new vegetation to screen the building from view, moving the structure slightly to the north to minimize its visibility from the river, and using paint and roof colors to minimize the visibility of the garage. The variance approval includes conditions to manage erosion control, drainage, and vegetation replacement that meet the intent of the official controls. 2. The proposed use is reasonable under the conditions allowed by the Development Code. Single-family residences and garages are reasonable uses in the Agriculture Core and St. Croix Riverway District. Garages are essential in Minnesota's climate. 3. The practical difficulties are unique to the property and were not created by the applicant. The practical difficulties are created by the location of bluffs throughout the property and the dimensions of the parcel. 4. Granting the variance would not alter the essential character of the area. Adjacent parcels include structures that do not meet the current Riverway setbacks, and the design elements that the applicants have proposed will minimize the visibility of the structure from adjacent parcels and the river. 5. The practical difficulties are not only economic in nature. The practical difficulties are related to the location of bluffs throughout the parcel and the dimensions of the parcel. 6. Granting the variance 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 and address the variance requirements of the Riverway Ordinance. The location of the garage in the same location as the existing structures and expansion away from the river will minimize the variance required and minimize impacts to the bluffs and the visibility of the structure from the river. 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: The new structure shall be located and constructed as shown on the survey and plans submitted to the City on October 14, 2016. 2. The garage shall be used for personal use or agricultural use only. No commercial use or commercially -related storage is allowed in the garage. Resolution No.: 11-01-16-01 Page 3 of 3 3. The applicants shall completely remove the existing shed, concrete structure, and associated concrete retaining walls on both sides of the existing structure prior to issuance of the building permit. 4. The applicants shall obtain a Grading/Land Alteration Permit from the City if the project will disturb fifty (50) cubic yards or more or disturb 1,000 square feet or more. 5. Slopes over twelve (12) percent and the existing patterns on the site shall be maintained or restored to the degree feasible after construction is completed. The proposed work shall not create any direct drainage runoff to neighboring properties. The applicants shall complete the proposed grading work of the swale behind the garage into the hillside to prevent any potential drainage direct to the garage and to provide space for snow melt. 6. The applicants shall submit plans signed by a professional engineer for proposed retaining wall(s) over four (4) feet in height. 7. Soil piles form the excavation for the proposed work shall be handled with care. Material should be hauled off immediately or stored in a manner that has perimeter protection. All erosion control devices shall be installed before any construction work begins. 8. The applicants shall protect vegetation over six (6) inches in diameter to the extent possible. 9. The applicants shall complete and obtain approval for a Woodland Preservation Plan for approval by the City that includes the grading plan, identifies all areas of disturbance, identifies the location of significant woodlands and trees that will be removed or disturbed by construction of the garage, and includes tree replacement that meets the requirements of Section 3.11 (3) of the Development Code before a building permit will be issued for the project. 10. Upon completion of the garage, site restoration shall be completed as soon as possible. 11. Site work shall comply with the regulations of the Carnelian -Marine St. Croix Watershed District, and the applicants shall obtain any required District permits. 12. The applicants shall pay all fees and escrows associated with the variance application. Adopted by the Scandia Planning Commission this I" day of November, 2016. Christine Maefsky, Chair ATTEST: Neil Soltis, Administrator/Clerk