4.b) Res 09-02-14-02 Lofstrom Variance docx
CITY OF SCANDIA, MINNESOTA
PC RESOLUTION NO. 09-02-14-02
APPROVING A VARIANCE FOR 12166 228TH STREET NORTH
WHEREAS, Mark and Dora Lofstrom 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 deck and stairs at 12166 228th Street North; and
WHEREAS, the property is legally described as follows:
All that part of Government lots 1 and 2, Section 8, Township 32 North, Range 20 West,
Washington County, Minnesota, described as follows to wit: Beginning on the south line of
Government Lot (1) 605.97 feet West of the East line of Section 8; thence Northwesterly along
the shore of Bone Lake 164 feet; thence S24°30’W 188 feet to the North right of way line of the
Town Road; thence Southeasterly along the North right of way line of the Town Road 168 feet;
thence N30°E 134 feet to the shore of Bone Lake; thence Northwesterly along the shore of Bone
Lake 14 feet to the point of beginning; and
WHEREAS, the Planning Commission reviewed the request for the Variance at a duly
noticed Public Hearing on September 2, 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 deck and stairs located a minimum of 46 feet from the OHWL of Bone Lake on
the property at 12166 228th Street 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 Code support
protection of water resources including Bone Lake. The lot will met the Shoreland
Ordinance requirement for lot coverage with the addition of the deck and stairs. The
Comfort Lake-Forest Lake Watershed District may require recording of a shoreland
buffer if the District determines that the deck would have impacts to the lake.
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. Decks are typical elements of homes in the
Shoreland District.
Resolution No.: 09-02-14-02
Page 2 of 3
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 location and interior
configuration of the existing home, and the location of the drainfield and other residential
infrastructure that would need to be moved in order to construct the deck in a location
that met all setback requirements. The parcel depth did not permit construction of a
single-family residence on the parcel without a variance, and the original variance for
construction of the home included construction of a deck in the same location as
proposed by the applicants.
4. Granting the variance would not alter the essential character of the area. Other properties
in the area include single-family homes and decks with similar setbacks from Bone Lake.
5. The practical difficulties are not only economic in nature. The practical difficulties are
related to the small size of the parcel, the location and interior configuration of the
existing home, and location of the drainfield and other residential infrastructure.
6. The addition of the deck and stairs 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 deck and stairs is the same distance from the lake
as an existing concrete pad attached to the home, and will not encroach farther into the
OHWL than the existing structure. The Watershed District will require a recorded
shoreland buffer if impacts are identified to Bone Lake.
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
August 12, 2014.
2. The applicants shall obtain a building permit from the City.
3. The applicants shall record a buffer along the shoreline if required by the Comfort Lake-
Forest Lake Watershed District.
4. The deck and stairs shall not be modified in the future to be roofed or screened.
5. The Applicant shall pay all fees and escrows associated with this application.
Resolution No.: 09-02-14-02
Page 3 of 3
Adopted by the Scandia Planning Commission this 2nd day of September, 2014
______________________________
Christine Maefsky, Chair
ATTEST:
_________________________________
Kristina Handt, Administrator/Clerk