4.b PC Resolution 09-05-17-01 recommending approval of a variance from wetland setbacks (Krause)
CITY OF SCANDIA, MINNESOTA
PC RESOLUTION NO. 09-05-17-01
APPROVING A VARIANCE FOR 19590 OLINDA TRAIL NORTH
WHEREAS, Brent and Jane Krause have made an application for a Variance to permit
the construction of driveway within the required setback from a wetland on the parcel located at
19590 Olinda Trail North; and
WHEREAS, the property is legally described as follows:
N ½ OF SW ¼ OF NE ¼ PART OF S ½ OF SW ¼ OF NE ¼ SECTION 27 TOWNSHIP
32 N RANGE 20 W NEW SCANDIA TOWNSHIP, WASHINGTON COUNTY, MN ; and
WHEREAS, the Planning Commission reviewed the request for the Variance at a duly
noticed Public Hearing on September 5, 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 recommend that the City Council approve the
variance to allow construction of a driveway located a minimum of 45’ from the delineated
boundary of Basin #3 on the parcel located at 19590 Olinda Trail North, based on the following
findings:
1. Granting the requested variance is in harmony with the purposes and intent of the
Comprehensive Plan and Development Code based on the following:
The proposed residential use is permitted in the General Rural District, and a
driveway is required to support that use.
The proposed location will meet goals and policies in the Comprehensive Plan
because it will protect the higher quality wetlands on the site, is not likely to have
negative impacts on the wetland where the setback will be reduced, will minimize
impacts to mature trees and grading, and will minimize impervious cover in
comparison to other potential driveway locations.
Resolution No.: 09-05-17-01
Page 2 of 3
2. Single-family residences and driveways are reasonable uses in the GR District. The
proposed use could not be developed without a driveway.
3. The practical difficulties are caused by the location of several wetlands and a high-quality
woodland within the parcel. It is not possible to develop a driveway on the site that
would avoid all of these physical features.
4. Granting the variance would not alter the essential character of the area.
The applicants’ property is surrounded by parcels with single-family residences and
vacant parcels.
5. The practical difficulties are caused by the locations of the existing wetlands and
woodland on the parcel, and are not related to economic conditions.
6. The proposed variance will not impair the supply of light or air to adjacent properties.
The addition of the driveway consistent with the County’s required conditions for the
access permit will not increase congestion or endanger public safety.
7. Construction of the proposed driveway within the setback of the lowest quality wetland
on the parcel (Basin #3) and maintain a setback of 45’ from that wetland that minimizes
potential impacts to the wetland is the minimum action required to eliminate the practical
difficulty.
8. Granting the variance will provide adequate access to direct sunlight for solar energy
systems.
FURTHER BE IT RESOLVED, that the following conditions of approval shall be met:
1. The applicants shall construct the driveway in the location consistent with the plans
submitted to the City on August 10, 2017 and the conditions of the County access permit.
2. The driveway shall be a minimum width of 12 feet.
3. The location where the driveway connects with Olinda Trail shall be as close to a right
angle as possible for proper sight lines.
4. The applicants shall obtain a building permit for construction of the home and accessory
building. The buildings constructed on the parcel shall comply with the Development
Code.
5. The applicants shall obtain a County permit for the proposed septic system on the
property.
6. The Applicant shall pay all fees and escrows related to this application.
Resolution No.: 09-05-17-01
Page 3 of 3
Adopted by the Scandia Planning Commission this 5th day of September, 2017.
______________________________
Dan Squyres, Chair
ATTEST:
_________________________________
Neil Soltis, Administrator/Clerk