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4.c) Res 10-07-14-03 18567 Lamar Variance CITY OF SCANDIA, MINNESOTA PC RESOLUTION NO. 10-07-14-03 APPROVING A VARIANCE FOR 18567 LAMAR AVENUE NORTH WHEREAS, Shanna Anderson has made an application for a Variance from the required 40-foot setback from the roadway and 50-foot setback from the rear lot line for buildings, and the required 10-foot setback from property lines for a septic system drainfield to construct a new single-family home and garage at 18567 Lamar Avenue North; and WHEREAS, the property is legally described as follows: Bliss Plat 1st Division Lot 17 Block 3; and WHEREAS, the Planning Commission reviewed the request for the Variance at a duly noticed Public Hearing on October 7, 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 and garage located a minimum of 40 feet from the rear lot line and 20.3 feet from the roadway right-of-way of Larmar Avenue North; and to construct an on-site septic system a minimum of __ feet from the property lines on the property at 18567 Lamar 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 applicant is requesting the variance from the setback requirement from the roadway in order to reduce the driveway length and meet the lot coverage requirement in the Shoreland District 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. Septic systems are also necessary for residential uses. 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, garage, and septic system 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 roadway. Resolution No.: 10-07-14-03 Page 2 of 2 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 addition of the existing single-family 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 dwelling strikes a balance between maintaining a 40-foot setback from the rear lot line, reducing the driveway length while allowing for parking on the driveway, and reducing lot coverage. 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. Construction of the home, garage and additional structures shall be consistent with the plans submitted to the City on September 16, 2014. 2. The applicants shall obtain a building permit from the City. 3. The applicants shall obtain the required Watershed District permit. 4. The applicants shall obtain the required septic system permits from Washington County and the Minnesota Department of Health. 5. The applicants shall remove the existing shed. 6. Parking shall be prohibited on the Lamar Avenue North right-of-way between November 1 and April 30. 7. The Applicant shall pay all fees and escrows associated with this application. Adopted by the Scandia Planning Commission this 7th day of October, 2014. ______________________________ Christine Maefsky, Chair ATTEST: _________________________________ Kristina Handt, Administrator/Clerk