4.a) Resolution 05-05-15 Kramer Variance docx
CITY OF SCANDIA, MINNESOTA
PC RESOLUTION NO. 05-05-15-01
APPROVING A VARIANCE FOR 12810 182ND STREET NORTH
WHEREAS, Jane Rowland, Rossbach Construction Inc., has made an application on
behalf of Greg and Mary Kramer, owners, for a Variance from the 100-foot setback requirement
from the Ordinary High Water Line (OHWL) and the 30-foot setback requirement from the
bluffline of Big Marine Lake to reconstruct a deck on an existing single-family home at 12810
182nd Street North, and to screen and enclose the area below the deck; and
WHEREAS, the property is legally described as follows:
Lot 16 Big Lake View 2nd Addition, City of Scandia, Washington County, Minnesota;
and
WHEREAS, the Planning Commission reviewed the request for the Variance at a duly
noticed Public Hearing on May 5, 2015, 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 reconstruction of a deck up to 160 square feet in size, located a minimum of
71 feet from the OHWL of Big Marine Lake and 25 feet from the bluffline in the shoreland area
on the property at 12810 182nd Street North, and recommends that the Council not approve the
request to screen and enclose the area below the deck, 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 ordinance
support protection of water and natural resources including Big Marine Lake and bluffs.
The applicants are proposing to place the deck in the same location as an existing deck,
and to reduce the overall size of the deck within the required setbacks from the OHWL
and bluffline. The Shoreland Ordinance permits the addition of decks of that meet the
size requirements of the Ordinance within the required setbacks, but prohibits adding a
roof or screening to the deck. The proposed deck is in harmony with the general
purposes and intent of the official controls, but the proposed screened and enclosed area
is not.
2. The proposed use is reasonable under the conditions allowed by the Development Code
and Shoreland Overlay District. The Shoreland Ordinance and the City’s past approvals
Resolution No.: 05-05-15-01
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have permitted decks as typical structures and reasonable uses for homes in the Shoreland
District. However, the variance approvals for decks have included conditions that the
decks may not be roofed or screened.
3. The practical difficulties related to the deck are unique to the property and were not
created by the applicant. The practical difficulties are created by the location of the existing
home and location of the existing deck within the required setbacks from the OHWL and
bluffline. The conditions were created by a previous owner.
The request for screening in order to provide protection from mosquitos is not unique to
the property. The same difficulties could be cited by any property in the Shoreland
District.
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 or smaller setbacks from
the lake. The deck will be screened from view from adjacent properties by existing trees.
The applicant indicated that the existing trees will not be removed to construct the deck.
5. The practical difficulties are not only economic in nature. The practical difficulties are
related to the location of the existing home and deck within the required setbacks from
the OHWL and bluff line.
6. The replacement of the existing deck with a smaller deck in the same location 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 replacement deck maintains the existing
structure setback from the OHWL and bluffline, and reduces the size of the deck within
the setbacks. The proposed location and overall size of the deck are generally consistent
with the size of decks permitted within the required setbacks without a variance. The
required variance is the minimum action required to eliminate the practical difficulty.
The screened area would expand the residential use on the parcel, and therefore is not
part of the minimum action required to eliminate the practical difficulty to replace the
existing deck and maintain this reasonable use.
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
March 31, 2015.
2. The applicants shall obtain a building permit from the City.
Resolution No.: 05-05-15-01
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3. The applicants shall obtain an administrative permit from the City for the proposed
expansion of the existing home to the east. The expansion shall maintain the same
setbacks from the OHWL as the existing home, not including the deck. The applicants
shall obtain the required septic system permit for the proposed expansion from
Washington County.
4. The deck shall not be modified in the future to be roofed or screened.
5. No trees shall be removed within the required Shoreland and bluffline setbacks.
6. The applicants shall obtain the required Watershed District permit.
7. The Applicant shall pay all fees and escrows associated with this application.
Adopted by the Scandia Planning Commission this 5th day of May, 2015.
______________________________
Christine Maefsky, Chair
ATTEST:
_________________________________
Kristina Handt, Administrator/Clerk