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4.b Resolution 03-05-19-01 recommending approval of variance from shoreland and wetland setbacksCITY OF SCANDIA, MINNESOTA PC RESOLUTION NO. 03-05-19-01 APPROVING A VARIANCE FOR 11245 218TH STREET NORTH WHEREAS, Brent Jensen has made an application for a variance from the required setbacks from the Ordinary High Water Level (OHWL) of German Lake and from a wetland to install a driveway at 11245 218th Street North; and WHEREAS, the property is legally described as follows: THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 32 NORTH, RANGE 20 WEST, WASHINGTON COUNTY, MINNESOTA, EXCEPT THAT PART PLATTED AS GERMAN LAKE ESTATES; And WHEREAS, the Planning Commission reviewed the request for the Variance at a duly noticed Public Hearing on March 5, 2019 and recommended that the City Council approve the variance with conditions; 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 that the City Council approve a Variance to permit setbacks from the Ordinary High Water Level (OHWL) of German Lake and from a wetland to install a driveway at 11245 218th Street North, based on the following findings: 1. The proposed driveway is in harmony with the Comprehensive Plan and general purposes and intent of the Plan and Development Code. The Comprehensive Plan includes goals to protect water and native plant resources by working with property owners and through enforcement of the City's ordinances, including the Shoreland ordinance. The proposed driveway location moves the driveway further away from German Lake and uses an alignment designed to minimize vegetative cutting and is therefore consistent with the policies of the Comprehensive Plan for uses in the General Rural and Shoreland Overlay Districts. 2. Single-family residences are permitted in the General Rural District and Shoreland District, and driveways provided for that intended use are therefore a reasonable use on the parcel. 3. The practical difficulties are unique to the property. They include the significant topography on the site and the narrowness of the strip of land that runs between the lake PC Resolution No.: 03-05-19-01 Page 2 of 2 and the wetland to get to the building site. The applicant did not create the practical difficulties. 4. Granting the variance would not alter the character of the area. The proposed driveway minimizes site disturbance on the land and is not visible from adjacent properties, except near the public right-of-way. 5. The practical difficulties are not related to economic conditions alone, but are caused by the topography of the existing parcel and the location of existing water features. 6. The proposed driveway will not impair the supply of light or air to adjacent properties or increase congestion, endanger the public, or substantially diminish or impair property values in the neighborhood. 7. The requested variances provide a route for the driveway that will be least impactful to the natural topography and vegetation on the site, while much more closely meeting the setback from German Lake relative to an existing driveway. 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. The location of the driveway shall be consistent with the plans submitted to the City on January 22, 2019. 2. The applicant shall obtain other permits as required for building a driveway. 3. The applicant shall pay all fees and escrows associated with the variance application. Adopted by the Scandia Planning Commission this 5th day of March, 2019. Dan Squyres, Chair ATTEST: Neil Soltis, Administrator/Clerk