7.b 2 Resolution 11-21-17-03 Approving Martsching Variance
CITY OF SCANDIA, MINNESOTA
RESOLUTION NO. 11-21-17-03
APPROVING A VARIANCE FOR 18605 LANGLY AVENUE NORTH
WHEREAS, Michael Laumann of Michael Paul Design and Build has made an
application on behalf of Bob and Jane Martsching, the owners, for a variance from the required
setback from the Ordinary High Water Level (OHWL) of Big Marine Lake, the required setback
from a wetland, and the required setback from the right-of-way of Langly Court North to
construct a new single-family home and septic system on the parcel at 18605 Langley Avenue
North; and
WHEREAS, the property is legally described as follows:
LTS 10-12 BLK 4 BLISS PLAT 1ST DIV SUBDIVISIONNAME BLISS PLAT 1st
DIVISION LOT 10 BLOCK 4 SUBDIVISIONCD 91100; and
WHEREAS, the Planning Commission reviewed the request for the Variance at a duly
noticed Public Hearing on November 14, 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 dwelling
located a minimum 50 feet from the OHWL of Big Marine Lake to the south, 50 feet from the
OHWL of the lake to the east, 52 feet from the wetland boundary to the south, and 11 feet from
the roadway right-of-way. The variance permits the septic system to be located a minimum of
30 feet from the wetland boundary to the south of the parcel and a minimum of 5’ from the
roadway right-of-way, 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 support the Shoreland Ordinance requirements in order to protect the quality
of surface waters. Granting the variance will permit development of a new home on the
parcel that will be set back farther from the lake than the existing home, and the new
home and related impervious surfaces will be outside the Shore Impact Zone. Granting
the variance from the roadway right-of-way setback will permit the structure to be
setback as far from the lake as possible, which is the higher priority. The new structure
will also meet the side setback requirements in the official controls, while the existing
structure does not meet the requirement.
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Resolution No.: 11-21-17-03
Page 2 of 3
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 size and
configuration of the existing parcel, which is not wide enough to permit development of a
home without a variance, and the locations of the OHWL and wetland area on two sides
of the parcel. 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 existing homes on adjacent parcels are setback a
similar distance from the lake as the proposed setback of the new structure.
5. The practical difficulties are not related to economic conditions alone, but are caused by
the size and configuration of the existing parcel and the location of the OHWL and
wetland on two sides of 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. The new home is proposed to be located
as far to the west and north as possible on the site to provide a wider setback from the
lake than the existing home on the parcel, and keep the structure and impervious surfaces
outside the Shore Impact Zone.
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 dated October 23, 2017.
2. The applicants shall obtain a building permit for the proposed construction.
3. The applicant shall obtain any required County and City permits for the septic system
replacement.
4. The applicant shall remove the existing accessory structures on the parcel prior to
approval of the building permit.
5. The applicant shall replace the service pipe from the tanks to the new home.
6. The applicant shall obtain the required permit for the new well from the Minnesota
Department of Health.
Resolution No.: 11-21-17-03
Page 3 of 3
7. The applicant shall obtain all required Watershed District permits.
8. The building shall comply with the building height standard of the Development Code.
9. The applicant shall establish native buffer plantings on the site as required by the
Watershed District permit.
10. The applicant shall remove the existing fence that is located within the right-of-way or
more the fence to a location within the required setbacks from the property boundaries
and right-of-way.
11. The applicant shall submit a detailed grading and drainage plan for approval by the City
Engineer prior to approval of the building permit.
12. The applicant shall survey and identify the boundary of the Shore Impact Zone on the
project site. No grading, fill, or land alteration is permitted within this Zone.
13. The applicant shall pay all fees and escrows associated with the variance application.
Adopted by the Scandia City Council this 21th day of November, 2017.
_________________________________
Christine Maefsky, Mayor
ATTEST:
_________________________________
Neil Soltis, Administrator/Clerk