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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