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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 Page 2 of 3 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. Resolution No.: 03-07-17-02 Page 3 of 3 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