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4.b Resolution 05-02-17-01 Biermaier VarianceCITY OF SCANDIA, MINNESOTA PC RESOLUTION NO. 05-02-17-01 APPROVING A VARIANCE FOR 18569 LANGLEY AVENUE NORTH WHEREAS, Tim and Sue Biermaier have made an application for a Variance from the 100 -foot setback requirement from the Ordinary High Water Line (OHWL) of Big Marine Lake, from the 40 -foot roadway right-of-way setback requirement, and from the 10 -foot side lot line setback requirement to construct a new single-family home and related structures on the parcel at 18569 Langley Avenue North; and WHEREAS, the property is legally described as follows: Lot 8, Block 4 Bliss Plat, City of Scandia, Washington County, Minnesota; and WHEREAS, the Planning Commission reviewed the request for the Variance at a duly noticed Public Hearing on May 2, 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 59.5 feet from the OHWL of Bone Lake, 21.7 feet from the right-of-way of Langley Street North, and 7 feet from the southern side lot line on the parcel, 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 and Shoreland Management Overlay District. A septic system that meets County requirements is needed for the proposed use. The proposed septic system meets the required setbacks from the parcel boundary and other structures, and is located as far from the OWHL as possible so that the home may also be setback as far as possible from the lake. The proposed plan also minimizes the variances needed in order to construct the home on the small lot. 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. 3. The practical difficulties are unique to the property, and include the small size of the existing parcel and location of existing structures. It would not be possible to construct a single-family home and compliant septic system on the parcel without a variance. The landowner did not create the practical difficulties. PC Resolution No.: 05-02-17-01 Page 2 of 3 4. Granting the variance at the location requested by the applicant would not alter the character of the area. Other structures on parcels in the area are single-family homes and cabins that were constructed with similar setbacks from the lake. 5. The practical difficulties are not related to economic conditions alone, but are caused by the small size of the existing parcel and the location of existing structures on the 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 in the proposed location is the minimum action required to develop a home on the parcel that addresses the practical difficulties. 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. The development of the parcel shall be consistent with the Certificate of Survey dated 4/03/2017. 2. The applicants shall obtain a building permit for the proposed development of the site. The City shall verify that the building height meets the ordinance requirement with the building permit. 3. The existing shed 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 applicants shall obtain the required permit(s) for the septic system and well. 5. The applicants shall obtain the required Watershed District permits for the project, and shall incorporate a shoreline buffer area and record the buffer if required. 6. The applicants shall pay all fees and escrows associated with the variance application. Adopted by the Scandia Planning Commission this 2nd day of May, 2017. Dan Squyres, Chair ATTEST: PC Resolution No.: 05-02-17-01 Page 3 of 3 Neil Soltis, Administrator/Clerk