5.b Resolution 03-07-17-02 Ackerman Variance docxCITY OF SCANDIA, MINNESOTA
RESOLUTION NO. 03-07-17-02
APPROVING A VARIANCE FOR 23271 LOFTON COURT NORTH
WHEREAS, Joe Ackerman has made an application for a Variance from the 100 -foot
setback requirement from the Ordinary High Water Line (OHWL) of Bone Lake, from the 30 -
foot bluff setback requirement, and from the Shoreland Management Ordinance standard that
prohibits grading and land alteration within the Bluff Impact Zone to construct a new single-
family home and related structures at 23271 Lofton Court North; and
WHEREAS, the property is legally described as follows:
Lot 4 Sandgren Addition, City of Scandia, Washington County, Minnesota; and
WHEREAS, the Planning Commission reviewed the request for the Variance at a duly
noticed Public Hearing on March 7, 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 approve a Variance to permit construction of a
new single-family home and related structures located a minimum of 78 feet from the OHWL of
Bone Lake and 18 feet from the bluffline on the parcel, and to permit grading and land alteration
as permitted within the Bluff Impact Zone, based on the following findings:
The proposed residential use is in general harmony with the Comprehensive Plan policies
that permit residential uses in the General Rural District, but the applicant's request for a
60' structure setback is not in harmony with the Plan's goals and policies for protection
of water, bluffs and natural resources. A septic system that meets County requirements is
needed for the proposed use. Washington County has reviewed the plans and proposed
septic system, and stated that the home could be located 78 feet from the OHWL and 18
feet from the top of the bluff and to accommodate a septic system that meets the
requirements of the County's SSTS ordinance. The City may grant a variance to
accommodate the house and septic system, but should it should be the minimum variance
from the required setbacks to accommodate the use based on the variance criteria. The
applicant shall be required to obtain City and Watershed District permits for erosion and
sediment control and stormwater management, and to implement the Best Management
Practices that are required to mitigate the potential impacts to water and natural resources
if the variance is granted.
2. Single-family residences and accessory structures are permitted in the General Rural
District and Shoreland District, and are a reasonable use on the parcel.
Resolution No.: 03-07-17-02
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3. The practical difficulties are unique to the property, and include the location of bluffs and
dimensions of the existing parcel that do not permit the location of the home and septic
system at a location that would meet all of the setback requirements in the ordinance.
The landowner did not create the practical difficulties.
4. Granting the variance at the location requested by the applicant (60' from the OHWL)
would alter the character of the area. The Planner reviewed aerial photos, and estimated
that the structures on many of the adjacent parcels are located between 77-88 feet from
the OHWL, or meet the setback requirements. None of the dwellings in the area are
located as close to the lake as the location proposed by the applicant. Granting the
variance at the location permitted by the variance that was approved in 2009 for a new
residential structure on the parcel (78' from the OHWL) would be consistent with the
existing setbacks and visual character of the area, and is similar to the location of the
previous house on the parcel.
5. The practical difficulties are not related to economic conditions alone, but are caused by
the location of bluffs and the dimensions of the existing parcel.
6. The proposed residential use will not impair the supply of light or air to adjacent
properties or increase congestion, endanger the public, or substantially diminish or impair
property values in the neighborhood.
7. The requested variance to permit the home 60' from the OHWL is not the minimum
action required to develop a home on the parcel that addresses the practical difficulties.
The minimum structure setback that would eliminate the practical difficulties is the 78'
setback that was approved in the 2009 variance.
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 applicant shall submit a revised Certificate of Survey that locates the dwelling a
minimum of 78' from the OHWL of Bone Lake, and locates the septic system and back-
up system between the dwelling and roadway at a location that meets the requirements of
County Ordinance 196 and recommendations of County staff.
2. The applicant shall obtain a building permit for the proposed development of the site.
3. The existing garage and/or storage structure shall be removed prior to approval of the
building permit. One accessory structure up to 720 square feet in area is permitted on the
parcel.
4. The applicant shall obtain the required permit(s) for the septic system and well.
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5. The applicant shall obtain a Grading/Land Alteration Permit from the City for any land
alteration within the Bluff Impact Zone and bluff setback.
6. The applicant shall obtain the required Watershed District permits for the project, and
shall incorporate a shoreline buffer area and record the buffer if required.
7. The applicants shall pay all fees and escrows associated with the variance application.
Adopted by the Scandia Planning Commission this 7th day of March, 2017.
Dan Squyres, Chair
ATTEST:
Neil Soltis, Administrator/Clerk