7.b 3c Resolution 6-20-17-03 approving variances for Langley Ave lot - BiermaierCITY OF SCANDIA, MINNESOTA
RESOLUTION NO. 06-20-17-03
APPROVING A VARIANCE FOR 18569 LANGLEY STREET 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
and from the 40 -foot roadway right-of-way setback requirement to construct a new single-family
home and septic system on the parcel at 18569 Langley Street 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, tabled the request to obtain a corrected survey, and
reviewed the new information at a meeting on June 6, 2017, and recommended approval of the
Variance request with conditions; and
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
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 located a
minimum of 60.2 feet from the OHWL of Big Marine Lake and 22.1 feet from the right-of-way
of Langley Street North, and to construct a septic system 0 feet from the western boundary of 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. A septic system that meets
County requirements is needed for the proposed use. The proposed system must meet the
required setbacks from the well and other structures, and the proposed home is located as
close to the system as possible to meet those setbacks and minimize the variance needed
from the structure setback from the OHWL in order to construct the home on the small
lot. Granting the variance for the septic system location at the parcel boundary will
maintain the higher -priority setbacks from the OHWL, well, and buildings.
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.: 06-20-17-03
Page 2 of 3
4. Granting the variance for the dwelling and septic system at the locations 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. Granting the requested variance to permit the home and septic system in the proposed
locations 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
5/08/2017.
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 City shall verify that the building height meets the ordinance requirement with the
building permit.
4. The existing shed structure may remain in its current location, and shall be painted to
match the new home. Future replacement or relocation of the structure shall meet all
Development Code requirements.
5. The applicants shall obtain the required permit(s) for the septic system and well.
6. The applicants shall obtain the required Watershed District permits for the project.
7. The applicants shall pay all fees and escrows associated with the variance application.
PC Resolution No.: 06-20-17-03
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Adopted by the Scandia City Councl this 20th day of June, 2017.
Christine Maefsky, Mayor
ATTEST:
Neil Soltis, Administrator/Clerk