4.a) Res 04-01-14-01 Weidall Variance
CITY OF SCANDIA, MINNESOTA
RESOLUTION NO. 04-01-14-01
APPROVING A VARIANCE FOR 18190 OLINDA TRAIL NORTH
WHEREAS, Quinn and Lily Weidall have made an application for a Variance to allow
construction of a home and related structures on the property at 18190 Olinda Trail and the
proposed development of the parcel will result in lot coverage that exceeds the maximum
coverage 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
WHEREAS, the Planning Commission reviewed the request for the Variance at a duly
noticed Public Hearing on April 1, 2014, 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 approval of a Variance from the
Resolution No.: 04-01-14-01
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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%., 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 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.
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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 drainfield.
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.
9. The Applicant shall pay all fees and escrows.
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Adopted by the Scandia Planning Commission this 1st day of April, 2014.
______________________________
Christine Maefsky, Chair
ATTEST:
_________________________________
Kristina Handt, Administrator/Clerk