7.b 3 Resolution 07-18-17-03 approving a variance from the side setback for the construction of a new home - 18526 Langly
CITY OF SCANDIA, MINNESOTA
RESOLUTION NO. 07-18-17-03
APPROVING A VARIANCE FOR 18526 LANGLY AVENUE NORTH
WHEREAS, Chad Wolkerstorfer of CW Exteriors has made an application on behalf of
Jeffrey Biermaier, the owner, for a variance from the required side lot line setbacks to construct a
new single-family home on the parcel at 18526 Langley Avenue North; and
WHEREAS, the property is legally described as follows:
Lot 2 (20, Block Three (3) BLISS PLAT FIRST DIVISION, according to the plat thereof
on file or of record in the office of the Registrar of Titles, Washington County, Minnesota; and
WHEREAS, the Planning Commission reviewed the request for the Variance at a duly
noticed Public Hearing on July 11, 2017, and recommended approval of the Variance 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 7 feet from the northern boundary of the parcel,3 feet from the southern boundary, and
meeting all other required setbacks on the parcel at 18526 Langly Avenue North, based on the
following findings:
1. The proposed residential use is in general harmony with the Comprehensive Plan and
general purposes and intent of the Plan and Development Code. The Comprehensive
plan includes policies that allow residential uses in the General Rural District and
Shoreland Overlay District. The Comprehensive Plan and Shoreland Ordinance include
policies to preserve steep slopes and meet setback requirements. Granting the variance
from the side setback requirement is consistent with the policies to protect steep slopes
and will permit development of the home to meet the other required setbacks on the
parcel, including the required setback from the septic system.
.
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, the location of steep slopes, and the location of the existing septic system.
The landowner did not create the practical difficulties.
4. Granting the variance for the dwelling at the location requested by the applicant would
not alter the character of the area. The neighborhood includes homes of similar sizes on
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small parcels. The home to the north (18540 Langley Avenue North) has a similar
reduced side setback on the common boundary with 18526 Langly Avenue North, and the
proposed front setback is similar to that of other homes on Langly Avenue.
5. The practical difficulties are not related to economic conditions alone, but are caused by
the small size of the existing parcel, location of steep slopes that occupy approximately
half of the parcel, location of the existing septic system, and the need to meet the required
setback from the system for an occupied dwelling.
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 in the proposed location where it
meets the setback requirements from the septic system, front and rear property lines, and
required setback between the septic system and house and septic system and well and
requires only the variance from the side setbacks is the minimum action required to
develop a home on the parcel.
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 provided
to the City on June 26, 2017. The applicant shall revise the survey to show the change in
front setback, change in impervious cover, septic system location and new well location.
2. The applicants shall obtain a building permit for the proposed development of the site.
3. The minimum width of the new driveway shall be 12’ and the maximum width at the
street connection shall be 24’.
4. The applicant shall obtain any required County and City permits for the septic system
replacement.
5. The applicant shall obtain the required permit for the new well from the Minnesota
Department of Health.
6. The applicant shall obtain any required Watershed District permits.
7. The applicant shall submit a grading and drainage plan for approval by the City Engineer
prior to approval of the building permit. The plan shall show that grading and drainage
for the new development shall not be directed to the property to the north upon
construction and final elevations.
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8. The grading plan and construction activities shall maintain the existing drainage
condition on the adjacent city-owned parcel.
9. If the construction activities impact the city-owned parcel, the applicant shall complete
restoration of all disturbed areas.
10. If a basement is proposed the low floor opening shall be a minimum 2 feet higher than
the overflow area for the property.
11. The applicant shall pay all fees and escrows associated with the variance application.
Adopted by the Scandia City Council this 18th day of July, 2017.
_________________________________
Christine Maefsky, Mayor
ATTEST:
_________________________________
Neil Soltis, Administrator/Clerk