4.c) Res 09-02-14-03 Waterman Variance
CITY OF SCANDIA, MINNESOTA
PC RESOLUTION NO. 09-02-14-03
APPROVING A VARIANCE FOR 19015 LAYTON AVENUE NORTH
WHEREAS, Laurie Waterman has made an application for a Variance from the 100-foot
setback requirement from the Ordinary High Water Line (OHWL) of Big Marine Lake and from
the required 50-foot setback from the rear lot line to replace a home that was destroyed by a fire
with a new dwelling and attached garage; and from the required rear setback to relocate an
existing septic tank on the parcel at 19015 Layton Avenue North; and
WHEREAS, the property is legally described as follows:
Lot Thirty (30), Block One (1) HOLIDAY BEACH, and Lot Thirty A (30A), Block One
(1), HOLIDAY BEACH 2nd PLAT, according to the plat thereof on file and of record in the
office of the Registrar of Titles in and for Washington County, MN; 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 perit
replacement of a dwelling that was destroyed by fire with a new dwelling and attached garage
located a minimum of 15.5 feet from the OHWL and 25.4 feet from the rear lot line, and to
locate a septic tank 14 feet from the rear lot line on the property at 19015 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
and related accessory 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 proposing to place the home in the same location as the previous
dwelling, and to place garage to the rear of the dwelling to maintain the separation from
the lake. The septic tank will be moved to a location that requires a variance from the
rear setback in order to meet the setback requirement from the OHWL. The Carnelian-
Marine-St. Croix Watershed District will require the establishment of a shoreline buffer
zone and construction of storm best management practices to mitigate for the potential
impacts of granting the variance.
Resolution No.: 09-02-14-03
Page 2 of 3
2. The proposed use is reasonable under the conditions allowed by the Development Code.
Single-family residences and related accessory structures are reasonable uses in the
General Rural District and Shoreland Overlay District. Garages are a necessity in
Minnesota’s climate. 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 and width
do not permit the development of a reasonably-sized single-family home and garage 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 dwelling maintains the existing structure setback
from the lake, and places the garage expansion toward the rear lot line to protect the lake.
The proposed garage is 5 feet closer to the OHWL along a tributary to the lake than the
existing cabin, but it would not be possible to locate the garage to meet the setback
requirement. There is an existing shed on the parcel that is closer to the OHWL than the
proposed garage. The proposed variance from the rear setback for the septic tank allows
the tank to meet the required setback from OHWL, which is a higher priority than the
rear setback.
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 August 25, 2014
2. The applicants shall obtain a building permit from the City. The building permit
application shall document the proposed floor elevation of the structure.
Resolution No.: 09-02-14-03
Page 3 of 3
3. The existing well shall be sealed by a licensed well contractor, and the applicant shall
construct a new well that meets all state and local requirements. The tank shall be
constructed at least 20’ from the well and shall be pressure-tested.
4. The applicants shall obtain the required Watershed District permit.
5. Parking shall be prohibited on the Layton Avenue North right-of-way between November
1 and April 30.
6. The Applicant shall pay all fees and escrows associated with this application.
Adopted by the Scandia Planning Commission this 2nd day of September, 2014.
______________________________
Christine Maefsky, Chair
ATTEST:
_________________________________
Kristina Handt, Administrator/Clerk