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7.a)2) Res 04-15-14-02 WeidallVarianceCITY OF SCANDIA, MINNESOTA RESOLUTION NO. 04-15-14-02 APPROVING A VARIANCE FOR 18190 OLINDA TRAIL NORTH WHEREAS, Quinn and Lily Weidall have made an application for a Variance to allow development of the parcel at 18190 Olinda Trail North with the maximum impervious coverage of 27.3% that is higher than the coverage permitted by the Development Code, and with a new garage in a location that is closer to the Olinda Trail North right-of-way than permitted by the Development Code; and WHEREAS, the property is legally described as follows: That part of Government Lot 5. Section 34, Township 32 North, Range 20 West, Washington County, Minnesota, described as follows: Commencing at the south quarter corner of said Section 34; thence 359 degrees 11 minutes 05 seconds, azimuth from North, along the north -south quarter line of said Section 34, a distance of 1102.60 feet to the point of beginning of the parcel to be described; thence continuing 359 degrees 11 minutes 05 seconds along said north -south quarter line, 12 feet to the point of beginning of a line hereinafter referred to as "Line A"; thence 268 degrees 33 minutes, 718 feet to the terminus of said "Line A" and the point of beginning of a line hereinafter referred to as "Line B"; thence 358 degrees 33 minutes, 40 feet to the terminus of said "Line B"; thence 268 degrees 33 minutes 615 feet, more or less, to the shoreline of Big Marine Lake; thence southerly along said shoreline 52 feet, more or less, to the intersection with a line which has an azimuth of 268 degrees 33 minutes from the point of beginning; thence 88 degrees 33 minutes along said line, 1340 feet, more or less, to the point of beginning. Subject to and together with a 24 -foot wide easement for ingress and egress, the centerline of said easement between the above-described "Line A" and also subject to and together with an easement for ingress and egress over the East 125 feet of that part of the above- described parcel lying westerly of the above-described "Line B" and its Southerly extension, according to the United States Government Survey thereof, Washington County, Minnesota; and Resolution No.: 04-15-14-02 Page 2 of 4 WHEREAS, the Planning Commission reviewed the request for the Variance at a duly noticed Public Hearing on April 1, 2014, and recommended approval of the Variances 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 from the required maximum impervious coverage of 25% in the Shoreland Overlay District to construct a home and related structures on the property at 18190 Olinda Trail North with a maximum impervious coverage of 27.3%, and a Variance to permit construction of a garage closer to the right-of-way of Olinda Trail North than the principal building on the parcel, based on the following findings: 1. The Comprehensive Plan supports single-family residential uses in the General Rural District and Shoreland District. A driveway is necessary to provide access to the residence. The proposed use is in harmony with the general purposes and intent of the official controls. The applicants have proposed a modest, two-story home to minimize impervious area, and the accessory structure is smaller than the Code would allow. The impervious cover in excess of the code is largely due to the area of the driveway, which is the result of the unique shape of the lot and the distance from Olinda Trail North to the portion of the lot where a home could be constructed. The applicants are proposing to use the existing driveway on the parcel, and the development plan proposes decreasing the driveway area by 32 square feet from the current area. The existing driveway provides access for three parcels. If each parcel created its own access drive, the level of impervious surface in the area would be greatly increased. The total impervious coverage of the three parcels will be 10% if they continue to utilize the existing common driveway. When the total area served by the driveway is considered, the proposed driveway is in harmony with the purpose and intent of the Comprehensive Plan and Development Code. The applicants are proposing to place the garage closer to Olinda Trail North than the principal structure to maintain the required structure setback from the lake, and to minimize the length of the driveway and amount of impervious coverage as much as possible. The structure is proposed to be placed more than 1300 feet from Olinda Trail, and will not be easily visible from the roadway. The placement is consistent with the Comprehensive Plan goals to protect the lake and views from local roadways, and consistent with the intent of the Development Code. 2. Single Family Residences and accessory structures are reasonable uses in the General Rural District and Shoreland Overlay District. 3. The practical difficulties are due to the unique shape of the lot, particularly the distance between the roadway and the portion of the lot where a home can be developed. The practical difficulties were not caused by the landowner. 4. The driveway currently exists on the parcel. The existing home, garage and shed will be removed and replaced by the new home and accessory structure. Adjacent parcels include Resolution No.: 04-15-14-02 Page 3 of 4 similar homes and accessory structures. The variance would not alter the essential character of the area. 5. The practical difficulties are related to shape of the existing lot and the need to have a driveway to access the home. The practical difficulties are not only economic in nature. 6. The proposed variance will not impair the supply of light or air to adjacent properties. It will continue the use of a common driveway for three parcels, and will not increase congestion, endanger the public, or substantially diminish or impair property values in the neighborhood. 7. The required variance will provide for a single driveway to serve three parcels and for development of the parcel with a modest home and one accessory structure. The area of the driveway will be reduced from the current size by 32 square feet, and the proposed placement of the detached garage results in a shorter driveway than would be needed if the garage were placed to the west of the home. The total lot coverage over the three parcels served by the driveway is approximately 10 percent, and meets the requirements of the Shoreland Overland District and Development Code. The City has included the Watershed District's proposed conditions to add rain gardens to manage runoff from the impervious surface area. The required variance is therefore the minimum action required to eliminate the practical difficulty. 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. Development of the property shall be consistent with the plans provided to the City on March 10, 2014. 2. The applicants shall obtain a building permit from the City. 3. The existing home and any existing accessory structures that exceed the Development Code standards shall be removed from the parcel before approval of the building permit. 4. The applicants shall grant an easement to the City for sewer utilities and access to the parcel that includes the 201 community septic system drain field. 5. The applicants shall obtain a septic system permit from Washington County. 6. The applicants shall obtain the required Watershed District permits. 7. The low -floor elevation on the home shall be a minimum of 944.5 feet. 8. The applicants shall construct a minimum of 940 square feet of rain gardens, or equivalent best management practices approved by the CMSCWD, to treat 1690 cubic feet of stormwater. The applicants shall maintain the rain gardens so that they continue to treat the required amount of stormwater. Resolution No.: 04-15-14-02 Page 4 of 4 9. The Applicant shall pay all fees and escrows. Adopted by the Scandia City Council this 15th day of April, 2014. Randall Simonson, Mayor ATTEST: Kristina Handt, Administrator/Clerk