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6.b Resolution 04 02 19 03 Recommending approval of a variance from the front yard setback 18590 Langly Ave. CITY OF SCANDIA, MINNESOTA PC RESOLUTION NO. 04-02-19-03 APPROVING VARIANCE FOR 18590 LANGLY AVENUE NORTH WHEREAS, Michael Wiebe has made an application for a variance from the required front yard setback for a new residential structure at 18590 Langly Avenue North; and WHEREAS, the properties are legally described as follows: SUBDIVISIONNAME BLISS PLAT 1ST DIVISION LOTS 10 AND 11 BLOCK 3 SUBDIVISIONCD 91100; And WHEREAS, the Planning Commission reviewed the request for the Variance at a duly noticed Public Hearing on April 2, 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 front yard setback for a new residential structure at 18590 Langly Avenue North, based on the following findings: 1. The proposed location for the residential structure is in harmony with the Comprehensive Plan and general purposes and intent of the Plan and Development Code. The Comprehensive Plan includes policies that allow residential uses in the General Rural District and Shoreland Overlay District. The Comprehensive Plan and Shoreland Ordinance include policies to support the Shoreland Ordinance requirements in order to protect the quality of surface waters and bluff areas. Granting the front set back variance will permit location of the home on an area of the parcel that are relatively flat and avoids a steep slope at the rear of the property. Locating the home closer to the roadway will have the added benefit of shortening the driveway length, thereby reducing impervious surface area on the lot. 2. Single-family residences are permitted in the General Rural District and Shoreland District and are therefore a reasonable use on the parcel. 3. The practical difficulties are unique to the property. The first difficulty is the change in elevation across the property, with a rise of 24 feet from front to back, much of which is concentrated on a steep slope at the rear. The second practical difficulty is the small size and shallow depth of the property, which is typical of lots in the Bliss Addition. The depth of 120 feet, combined with avoiding the steep slope at the rear of the property, pushes the buildable home area into the front setback. PC Resolution No.: 04-02-19-03 Page 2 of 3 4. Granting the variance would not alter the character of the area. The area is typified by small lots with residential structures, most if which do not comply with lot size and setback standards. Other residences along Langly Road encroach into the 40 foot setback area. 5. The practical difficulties are not related to economic conditions alone, but are caused by the small size of lots in the subdivision and the change in elevation that creates a steep slope at the rear of the lot. 6. The proposed residential structure will not impair the supply of light or air to adjacent properties, since it is roughly centered in the lot and only 2 stories tall. It will not substantially increase congestion since it is only one residence, and as a compatible land use in the area, it will not endanger the public, or substantially diminish or impair property values in the neighborhood. 7. The requested variance places the home in a reasonable location on the lot, requiring only one variance and reducing impacts to steep areas of the property. 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 new residential structure and driveway shall be consistent with the plans submitted to the City on March 12, 2019. 2. Plan elevations shall be corrected for the grading plan and the floor elevation for the residential structure will be adjusted to comply with watershed district requirements. 3. The applicant shall obtain permits for grading and erosion control, building a residential structure, installing a driveway, a watershed permit, and other permits as required. 4. Prior to issuance of any City permits, the applicant shall combine the lots into a single parcel and obtain 5 foot drainage & utility easements around entire combined parcel. 5. The applicant shall pay all fees and escrows associated with the variance application. Adopted by the Scandia Planning Commission this 2nd day of April, 2019. PC Resolution No.: 04-02-19-03 Page 3 of 3 _________________________________ Dan Squyres, Chair ATTEST: _________________________________ Neil Soltis, Administrator/Clerk