4.b) Res 08-05-14-02 Jessup Variance
CITY OF SCANDIA, MINNESOTA
PC RESOLUTION NO. 08-05-14-02
APPROVING A VARIANCE FOR 18773 LAYTON AVENUE NORTH
WHEREAS, David and Judith Jessup have made an application for a Variance from the
100-foot setback requirement from the Ordinary High Water Line (OHWL) of Big Marine Lake
to construct a new single-family home and shed, and from the required 40-foot setback from
Layton Avenue North to construct the home, shed and septic system at 18773 Layton Avenue
North; and
WHEREAS, the property is legally described as follows:
Lot 2 and Lot 3, Block 1, Holiday Beach, Section 31, 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 August 5, 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 to permit
construction of a new single-family home located a minimum of 38 feet from the OHWL of Big
Marine Lake and 25 feet from the roadway right-of-way of Layton Avenue North; to permit
construction of a shed a minimum of 80 feet from OHWL and 10 feet from the road right-of-
way; and to construct an on-site septic system a minimum of 10 feet from the roadway right-of-
way on the property at 18773 Layton Avenue North, based on the following findings:
1. The request is in harmony with the general purposes and intent of the official controls.
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 Big Marine Lake. The applicants have
placed the new structure at the same distance from the lake as the existing structure and
as close to the road right-of-way as possible, to minimize new impacts to the lake. The
applicants propose to create rain gardens to manage stormwater from the additional
impervious surface that will be constructed on the parcel.
2. The proposed use is reasonable under the conditions allowed by the Development Code.
Single-family residences accessory structures are reasonable uses in the General Rural
District and Shoreland Overlay District. Garages are a necessity in Minnesota’s climate.
Resolution No.: 08-05-14-02
Page 2 of 3
The City supports accessory structures that provide storage for equipment and personal
property, to maintain the appearance of neighborhoods in Scandia.
3. The practical difficulties are unique to the property and were not created by the applicant.
The practical difficulties are created by the size of the parcel. The parcel depth does not
permit the development of a reasonably-sized single-family home on the parcel without a
variance from the setback requirements.
4. Granting the variance would not alter the essential character of the area. Other properties
in the area include single-family homes and accessory structure with similar or smaller
setbacks from the lake and roadway.
5. The practical difficulties are not only economic in nature. The practical difficulties are
related to the small size of the parcel, which does not allow for the reasonable use
permitted by the Development Code, without a variance.
6. The replacement of the existing single-family home with a similar home 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. Granting the requested variance is the minimum action required to eliminate the practical
difficulty. The proposed location of the structures maintains the existing structure
setback form the lake, and places the structures as close to the roadway as possible to
protect the lake. The locations maintain a reasonable setback form the roadway right-of-
way. The proposed two-story structure allows for expansion within the impervious
surface requirement in the Development Code.
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 submitted to the City on
July 15, 2014.
2. The applicants shall obtain a building permit permit from the City.
3. The applicants shall remove the existing shed before the City approves the building
permit for the garage.
4. The applicants shall obtain the required Watershed District permit.
5. The applicants shall obtain the required septic system permit from Washington County.
6. 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.
Resolution No.: 08-05-14-02
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7. Parking shall be prohibited on the Layton Avenue North right-of-way between November
1 and April 30.
8. The Applicant shall pay all fees and escrows associated with this application.
Adopted by the Scandia Planning Commission this 5th day of August, 2014.
______________________________
Christine Maefsky, Chair
ATTEST:
_________________________________
Kristina Handt, Administrator/Clerk