7.b Resolution 02-20-18-01 approving a variance from the bluff and side yard setbacks - 19235 Larkspur Ave. N
CITY OF SCANDIA, MINNESOTA
RESOLUTION NO. 02-20-18-01
APPROVING A VARIANCE FOR 19235 LARKSPUR AVENUE NORTH
WHEREAS, Shannon M. Mulvehill has made an application for a variance from the
required setbacks from the bluff line, side lot line, and roadway right-of-way of Larkspur Avenue
North to construct a new garage on the parcel at 19235 Larkspur Avenue North; and
WHEREAS, the property is legally described as follows:
All of Lot Sixteen (16) and the North Fifteen (15) feet of Lot Fifteen (15), Block Two
(2), Holiday Beach 2nd Plat, Washington County, Minnesota; and
WHEREAS, the Planning Commission reviewed the request for the Variance at a duly
noticed Public Hearing on February 13, 2018 and recommended that the City Council approve 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 recommend that the City Council approve a Variance to permit construction of a
new garage located a minimum of 2 feet from the bluff line within the bluff impact zone, a
minimum of 4 feet from the side lot line, and a minimum of 30 feet from the roadway right-of-
way of Larkspur Avenue North, based on the following findings:
1. The proposed residential accessory structure is in harmony with the Comprehensive Plan
and general purposes and intent of the Plan and Development Code. The Comprehensive
Plan includes policies that allow residential and related accessory uses in the General
Rural District and Shoreland Overlay District. The Comprehensive Plan and Shoreland
Ordnance include policies to support the Shoreland Ordinance requirements in order to
protect the quality of surface waters and bluff areas. The conditions for granting variance
require that the garage be placed on the existing paved area to minimize disturbance
within the bluff impact zone, require that the applicant add gutters and roof leaders to
direct drainage toward the street, and require that the applicant remove existing
impervious area that drains to the bluff and replace it with pervious cover. Granting the
variance with these conditions will help the site to better comply with the general
purposes and intent of the official controls to protect bluffs and steep slopes than the
existing condition.
. 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. A garage is a
necessity in Minnesota’s climate.
PC Resolution No.: 02-20-18-01
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3. The practical difficulties are unique to the property, and include the size of the existing
parcel, the location of the bluffs, and the locations of the existing structures and septic
system on the parcel. The applicant did not create the practical difficulties.
4. Granting the variance for the garage location would not alter the character of the area.
The existing homes and garages on adjacent parcels are setback a similar distance from
the bluffs and roadway 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 of the existing parcel, the location of the bluffs, and the locations of the existing
structures on the parcel. A garage could not be located on the parcel to meet all of the
setback requirements.
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 garage to be constructed is the minimum
action needed to address the practical difficulties while minimizing impacts to the bluffs
and directing future drainage away from the bluff area.
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 generally consistent with the plans submitted to
the City on January 18, 2018.
2. The property owner shall combine the two parcels (PID 3003220440034 and
300322044036) prior to issuance of the building permit for the garage.
3. The applicant shall obtain a building permit for the proposed construction.
4. The building shall comply with the building height standard of the Development Code.
5. The garage shall be designed to include gutters and roof leaders to direct drainage away
from the bluff and adjacent property and toward Larkspur Avenue North.
5. The applicant shall remove the existing impervious cover between the new garage and
house (with the exception of the sidewalk), and replace the impervious cover with a
pervious surface.
6. The applicant shall identify the side lot line boundary based on a recent survey and stake
the proposed garage location so that the Building Inspector can verify the side setback.
7. The applicant shall pay all fees and escrows associated with the variance application.
PC Resolution No.: 02-20-18-01
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PC Resolution No.: 02-20-18-01
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Adopted by the Scandia City Council this 20th day of February, 2018.
_________________________________
Christine Maefsky, Mayor
ATTEST:
_________________________________
Neil Soltis, Administrator/Clerk