5.b Resolution 02-13-18-01 Recommending approval of variance from setbacks
CITY OF SCANDIA, MINNESOTA
PC RESOLUTION NO. 02-13-18-01
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
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 a
Variance to permit construction of a new garage located a minimum of 20 feet from the bluff
line, 5 feet from the side lot line, and 15 feet from the roadway right-of-way of Larkspur 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 and related accessory structures in the
General Rural District and Shoreland Overlay District. The Comprehensive Plan and
Shoreland Ordinance include policies to support the Shoreland Ordinance requirements to
protect bluffs and steep slopes. Granting the variance from the roadway right-of-way
setback will permit the structure to be setback as far from the bluffs as possible and
outside the Bluff Impact Zone, which is the higher priority.
.
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.
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.
PC Resolution No.: 02-13-18-01
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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. The requested variance to permit the garage in the proposed location is the minimum
action required to keep the structure outside the bluff impact zone while maintaining
minimum setbacks from the roadway and the adjacent property.
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 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 include gutters and roof leaders to direct drainage away from the
adjacent property and toward Larkspur Avenue North.
5. The applicant shall survey and identify the boundary of the Bluff Impact Zone on the
project site. No grading, fill, or land alteration is permitted within this Zone.
6. The applicant shall pay all fees and escrows associated with the variance application.
PC Resolution No.: 02-13-18-01
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Adopted by the Scandia Planning Commission this 13th day of February, 2018.
_________________________________
Dan Squyres, Chair
ATTEST:
_________________________________
Neil Soltis, Administrator/Clerk