7.a)4) Res 07-01-14-06 23269 Lofton Court Variance docx
CITY OF SCANDIA, MINNESOTA
RESOLUTION NO. 07-15-14-06
APPROVING A VARIANCE FOR 23269 LOFTON COURT NORTH
WHEREAS, Rodney and Susan Olson have made an application for a Variance from the
40-foot setback requirement from the roadway right-of-way of Lofton Court North and the 10-
foot setback required from the existing and proposed drain fields to allow the construction of a
garage at 23269 Lofton Court North; and
WHEREAS, the property is legally described as follows:
Lot 5, Sandgren Addition, Section5, Township 32 North, Range 20 West, City of
Scandia, Washington County, Minnesota; and
WHEREAS, the Planning Commission reviewed the request for the Variance at a duly
noticed Public Hearing on July 1, 2014, 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 approval of a Variance to permit construction of a garage located a
minimum of 24 feet from the roadway right-of-way of Lofton Court North and a minimum of 5
feet from the existing drain field and proposed back-up drain field on the property at 23269
Lofton Court North,, based on the following findings:
1. The Comprehensive Plan and Development Code support single-family residential uses
in the General Rural District and Shoreland Overlay District. The Plan and ordinance
support protection of water resources including Bone Lake. The proposed location of the
garage meets the setback requirement from Bone Lake, and the proposed lot coverage
meets the ordinance requirement, providing protection for the lake. The proposed garage
location will not impact the function of the drain field, and would permit construction of
the required back-up drain field. The request is consistent with the general intent of the
Comprehensive Plan and Development Code.
2. Single-family residences and garages are reasonable uses in the General Rural District
and Shoreland Overlay District. Garages are a necessity in Minnesota’s climate.
3. The practical difficulties are related to the size of the parcel and the location of the
existing home, existing drainfield and proposed back-up septic system location, and
slopes. The practical difficulties are unique to the property and were not created by the
applicant.
Resolution No.: 07-015-14-06
Page 2 of 3
4. Other properties in the area include garages. Granting the variance would not alter the
essential character of the area.
5. The practical difficulties are related to the small size of the parcel, location of the existing
home, existing drainfield, and slopes. 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 not increase congestion, endanger the public, or substantially diminish or impair
property values in the neighborhood.
7. The proposed garage location is the maximum distance from the road right-of-way that
will not impact the existing drain field. The location will permit construction of a
required back-up drainfield. Granting the requested variance is 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
June 19, 2014. The applicants shall modify the plan to reduce the width of the new
driveway to 24 feet or less, and so that no structures are located above-grade within the
roadway right-of-way.
2. The applicants shall obtain a building permit and driveway permit from the City.
3. The applicants shall remove the existing 8’x10’ shed before the City approves the
building permit for the garage.
4. The applicants shall obtain a Grading and Erosion and Sediment Control permit from the
City.
5. The applicants shall obtain the required Watershed District permit.
6. The applicants shall obtain the required septic system permit from Washington County.
7. The garage shall not include a dwelling unit, and shall not be rented, leased, or sold
separately from the rental, lease or sale of the property.
8. Parking shall be prohibited on the Lofton Court North right-of-way between November 1
and April 30.
9. The Applicant shall pay all fees and escrows associated with this application.
Resolution No.: 07-015-14-06
Page 3 of 3
Adopted by the Scandia City Council this 15th day of July, 2014.
______________________________
Randall Simonson, Mayor
ATTEST:
_________________________________
Kristina Handt, Administrator/Clerk