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7.b)2) Res 09-16-14-04 EtzwilerCITY OF SCANDIA, MINNESOTA RESOLUTION NO. 09-16-14-04 APPROVING A VARIANCE FOR 20789 QUINT AVENUE NORTH WHEREAS, Lisa Etzwiler has made an application for a Variance to replace an accessory structure that was demolished on her parcel at 20789 Quint Avenue North with a new structure in the same location that requires a variance from the 200 -foot setback requirement from the Ordinary High Water Line (OHWL) of the St. Croix River and from the 100 -foot setback requirement from the bluffline; and WHEREAS, the property is legally described as follows: All that part of block B of Otisville as surveyed and platted and now of record in the office of the Register of Deeds of Washington County, Minnesota and Reserve Number Two (2) and vacated Linden Street described as follows: Commencing at the Southwest corner of Lot 3, Block B; thence Northerly along the West line of said block 210.90 feet, more or less, to an iron monument; thence Easterly on a line parallel to the South line of said block a distance of 567.70 feet more or less to an iron monument of the bank of the St. Croix River; thence southerly along the bank of said river 147.85 feet more or less to a stone monument; thence Westerly on a line parallel to the South line of said block, 277.40 feet more or less to an iron monument in the East line of said block B; thence South 62.69 feet along the East line of said Block B to an iron monument at the Southeast corner of Lot 4, Block B; thence Westerly along the South line of Lots 3 and 4, Bock B, 285.20 feet to the place of beginning, including all of Linden Street vacated lying within the above described and also including that part of Linden Street vacated described as follows: Commencing at the Southeast corner of Lot 4, Bock B; thence North along the East line of said block, 62.69 feet more or less to an iron monument; thence Easterly on a line parallel with the south line of said block 30 feet; thence Southerly on a line parallel with the East line of said block 62.69 feet; thence Westerly on the South line of said Lot 4 extended to the place of beginning and including also riparian rights. Together with the benefits and subject to the burdens of an easement for ingress and egress in common with Lots 1 and 2 in Block 8, in Otisville, Washington County, Minnesota and that part of Reserve No. 2 lying North of and appurtenant to the property herein conveyed, over an existing roadway and existing steps leading to the St. Croix River; and WHEREAS, the Planning Commission reviewed the request for the Variance at a duly noticed Public Hearing on September 2, 2014, determined that it meets the Development Code criteria for granting the variance, and recommended approval of the Variance with conditions; and NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does recommend approval of a Variance to permit the replacement of an accessory structure that was demolished in the same location identified on the property survey (May 8, Resolution No.: 09-16-14-04 Page 2 of 4 2014), with a storage structure of a size not to exceed 12'x16'. The structure shall be located a minimum of 100' from the OHWL of the St. Croix River on the parcel at 20789 Quint Avenue North: Replacement of the demolished structure with a storage building of the same size as the original structure is in harmony with the general purposes and intent of the official control. The Comprehensive Plan and Lower St. Croix Bluffland and Shoreland Management Ordnance support single-family land uses in the AGC and St. Croix River Districts. The Plan and code support protection of the St. Croix River and views from the river. The Lower St. Croix River Ordinance requires that structure alteration or replacement of Substandard structures occur in a location that meets setback requirements, unless the replacement meets the criteria for a variance, and the City's Development Code prohibits the expansion of such structures without a variance. The City has approved variances to provide for storage structures or storage space within a structure in Shoreland Districts because there were practical difficulties identified to access storage structures in other locations that met setback requirements due to the steep slopes and bluffs on the property. Granting the variances was consistent with City goals to maintain the neat appearance of properties in the City, and recognized the need to provide reasonable storage for personal possessions and lake -related recreational equipment to protect those items from adverse weather. The applicant's rational for replacement of the storage area in the demolished structure in the same location due to the difficulties of carrying canoes, kayaks, tools, maintenance equipment, and other personal belongings up and down the bluff, the need to protect those items from the weather, and to store them inside to screen them from view from the river. The applicant proposed the following to provide protection for the St. Croix River and related resources with the replacement and expansion of the structure: Replace the demolished cabin in the same location to minimize disturbance and maintain the existing screening and views from the river. The proposed replacement plan meets the coverage standard in the District. Remove the existing outhouse and replace it with a toilet and sink in the new structure The replacement of the demolished structure with a storage shed in the same location and of the same size as the documented original structure, to be used for storage purposes only, is in harmony with the intent and purposes of the Comprehensive Plan and Development Code. The applicant's request to expand the size of the structure and the use of the structure to include bathroom facilities and expanded use is not in harmony with the intent and purposes of the Comprehensive Plan and Development Code. 2. The proposed use is reasonable under the conditions allowed by the Development Code. Single-family residences accessory structures are reasonable uses in the Agriculture Core and St. Croix River Districts. The National Park Service indicated that it would approve a replacement cabin at the size of the building that was demolished, if it meets the other design requirements of the scenic easement. Resolution No.: 09-16-14-04 Page 3 of 4 3. The practical difficulties are unique to the property and were not created by the applicant. The practical difficulties are created by the location of the existing bluffs and property access, and the resulting difficulties related to transporting and storing watercraft and other personal property up and down the bluffs 4. Granting the variance would not alter the essential character of the area. Other properties in the area include cabins and accessory buildings with similar setbacks from the river. The proposed location will protect much of the existing tree canopy to screen the view of the structure from the river. 5. The practical difficulties are not only economic in nature. The practical difficulties are related to the location of the existing bluffs and property access, and the resulting difficulties related to transporting and storing watercraft and personal property up and down the bluffs. 6. The replacement of the demolished structure with a storage shed in the same location and of similar size will not impair the supply of light or air to adjacent properties. Maintenance of the existing single-family residential use will not increase congestion, endanger the public, or substantially diminish or impair property values in the neighborhood. 7. Granting the requested variance is the minimum action required to eliminate the practical difficulty. Granting the variance will permit replacing the demolished accessory structure with a structure that will replace the storage function of the building in the same location. The National Park Services requires that the replacement structure be no larger than the recorded size of the original structure. 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: The location of the storage structure shall be consistent with the location of the demolished structure shown on the survey provided to the City on July 24, 2014. The maximum size of the replacement structure shall be 12'x16', and the structure may be one story in height and may be used for storage only. 2. The applicant shall obtain required approvals for the structure from the National Park Service (NPS). The exterior color of the structure, including the roof, shall be of earth or summer vegetation tones, and shall be approved by the NPS. 3. The applicant shall obtain a building permit from the City. 4. The applicant shall obtain a Grading and Erosion and Sediment Control permit from the City. Resolution No.: 09-16-14-04 Page 4 of 4 5. The applicant shall obtain the required Watershed District permit. 6. The storage structure shall not include a dwelling unit. 7. Construction of the building shall not change the existing drainage patterns on the parcel. 8. All areas that are impacted by construction, grading and related activities shall be resodded or seeded within 180 days of the date of issuance of the building permit, or as soon as weather permits. 9. To the greatest extent possible, vegetation over six (6) inches in diameter shall not be removed. 10. The Applicant shall pay all fees and escrows associated with this application. Adopted by the Scandia City Council this 16th day of September, 2014. Randall Simonson, Mayor ATTEST: Kristina Handt, Administrator/Clerk