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7.b)1) Res 04-21-15-01 Foiland VarianceCITY OF SCANDIA, MINNESOTA RESOLUTION NO. 4-21-15-01 APPROVING A VARIANCE FOR 22740 SAINT CROIX TRAIL NORTH WHEREAS, Daniel A. Froiland has made an application for a Variance from the frontage requirement in the General Rural District in order to complete a lot line adjustment between two parcels located at 22740 St. Croix Trail North; and WHEREAS, the property is legally described as follows: Commencing at the northwest corner of Lot 1, Block 1, plat of Prairie Hollow, on file and of record in the Office of the County Recorder, Washington County, Minnesota; thence easterly along the north line of said Lot 1, a distance of 58.60 feet to the point of beginning of the public road easement to be described; thence westerly along said north line, a distance of 58.60 feet to said northwest corner of Lot 1; thence southwesterly along the west line of said lot 1, an arc distance of 50.00 feet along a non-tangential curve, concave to the southeast, having a radius of 247.00 feet and a central angle of 11 degrees 35 minutes 55 seconds; thence continuing southerly along said west line, tangent to said curve, a distance of 19.07 feet; thence northeasterly a distance of 94.50 feet, more or less, to the point of beginning; and WHEREAS, the Planning Commission reviewed the request for the Variance at a duly noticed Public Hearing on April 7, 2015, and recommended approval of the variance with conditions; and NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does approve a Variance from the frontage requirement in the General Rural District for two parcels located at 22740 St. Croix Trail 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 the proposed lot sizes and densities are consistent with the policies of the Comprehensive Plan and general purposes of the Development Code. 2. The proposed use is reasonable under the conditions allowed by the Development Code. Single-family residences are reasonable uses in the General Rural District. 3. The practical difficulties are unique to the property and are caused by the landlocked condition of the existing parcels. The difficulty was not created by the current landowner. Resolution No.: 4-21-15-01 Page 2 of 3 4. Granting the variance would not alter the essential character of the area. The proposed 30+ -parcels and residential uses are consistent with the pattern of surrounding development in the General Rural District. 5. The practical difficulties are not only economic in nature. The practical difficulties are the result of the landlocked condition of the parcels. 6. The proposed variance from the frontage requirement 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. The conditions require that a new driveway be developed to provide adequate public safety and fire access, and future development on the parcels will be required to meet the requirements of the City's development code and subdivision ordinance. 7. Granting the requested variance is the minimum action required to eliminate the practical difficulty. 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 lot line adjustment and creation of the easement and driveway on the parcels shall be in substantial compliance with the survey submitted to the City on March 18, 2015. The platted lots shall meet the requirements of the Development Code. 2. The applicant shall record the approved lot line adjustment and easements in the office of the Washington County Recorder within 120 days of the date of approval. If not recorded within the 120 -day period, the approval shall be considered void. 3. The applicant shall grant the City a 66' easement along 230th Street for the proposed driveway and potential future 230th Street North, and an easement for the connection from Perkins Avenue North to 230th Street North, including sufficient area for the roadway curve, ditches, and clear zone, as determined by the City Engineer. The City Engineer shall review and approve the proposed easement before the city will approve the lot line adjustment. 4. If the applicant or owner subdivides Parcel C in the future, he/she shall construct 230th Street as a public roadway that meets the City's engineering standards. 5. The proposed private driveway access to Parcel C shall be privately owned and maintained. 6. In order to provide reasonable access to fire trucks and rescue vehicles, the applicant shall provide a minimum 12' wide gravel surface for the proposed driveway access to Parcel C. The gravel should be a minimum 6" thick compacted surface. The driveway shall be constructed before a building permit will be approved for Parcel C. Resolution No.: 4-21-15-01 Page 3 of 3 7. The applicant shall maintain a 16' wide opening around the driveway by clearing trees or shrubs as needed. The City Engineer shall review the driveway after construction to ensure that emergency services can access the parcel. 8. The applicant shall slope the driveway to drain the gravel to ditches and culverts, and shall add ditches or culverts if needed to provide adequate drainage for the driveway. 9. The applicant shall at all times maintain the driveway in a condition so as to allow access by fire trucks, rescue and other emergency vehicles, including ensuring that equipment and vehicles are not pared within the driveway area. 10. The applicant shall obtain an access permit for the parcel to the south of the 230th Street North easement (Lot 1 Block 1 Prairie Hollow, PID 1203220210004). 11. The applicant shall construct a temporary turnaround at Perkins Avenue North and 230th Street North for snow plowing. This includes a 24' wide by 30' long turn around with 10' radiuses. 12. The applicant or future owner shall obtain the required wastewater system permit from Washington County for future development on the parcels. 13. The applicant or future owner shall obtain a Watershed District permit for storm water management for proposed improvements and erosion control for future development on Parcel C or D if required by the District. 14. The Applicant shall pay all fees and escrows. Adopted by the Scandia City Council this 21 st Day of April, 2015. Randall Simonson, Mayor ATTEST: Kristina Handt, Administrator/Clerk