4a. PC Resolution 2020-01 Nelson Variance
CITY OF SCANDIA, MINNESOTA
PC RESOLUTION NO. 2020-01
APPROVING A VARIANCE FOR 18630 NORELL AVENUE NORTH
WHEREAS, Amy and Chad Nelson made an application for a variance from the
required setbacks from the Ordinary High Water Level (OHWL) of Big Marine Lake and from
the front and side setbacks to construct a new residential structure at 18630 Norell Avenue
North; and
WHEREAS, the property is legally described as follows:
SUBDIVISIONNAME ANDERSON'S BIG LAKE ADD LOT 2 BLOCK 2
SUBDIVISIONCD 91060; and
WHEREAS, the Planning Commission reviewed the request for the Variance at a duly
noticed Public Hearing on November 5, 2019 and tabled the item for potential site plan revisions;
and
WHEREAS, and Planning Commission reviewed a revised site plan and request for
Variances on January 7, 2020, and recommended that the City Council approve the variances
with conditions;
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 setbacks from the Ordinary High Water Level (OHWL) of Big Marine Lake and
from the front and side lot lines to construct a new residential structure at 18630 Norell Avenue
North; based on the following findings:
1. The Comprehensive Plan and Development Code support single-family residential uses
in the General Rural District and Shoreland Overlay District. The proposed location of
the new house sits mostly within the small, buildable area of this small, nonconforming
lot and attempts to balance required setback variances from the lake, road and side lot
lines. The proposed variance is in general harmony with the purposes and intent of the
Comprehensive Plan and Development Code.
2. Single-family residences are permitted, and therefore reasonable, uses in the General
Rural District and Shoreland Overlay District. The proposed residential structure would
replace an existing residential structure on the site. This use is reasonable under the
conditions allowed by the Development Code.
PC Resolution No.: 2020-01
Page 2 of 3
3. The practical difficulties are created by the small parcel size and the limited buildable
area on the lot. The practical difficulties are not caused by the current landowner, and are
unique to the property.
4. Other properties in the area are substandard in size and have single-family homes set
within 100 feet of the Ordinary High Water Level of Big Marine Lake and/or within 40
feet of the front lot lines along Norell Avenue North. Granting the variance would not
alter the essential character of the area.
5. The practical difficulties are related to the limited buildable area on the parcel. The
practical difficulties are not related to economic conditions.
6. The variances would allow a new single-family residence to replace an existing single-
family residence, in a slightly different location on the lot and further from the road. The
proposed variances will not impair the supply of light or air to adjacent properties,
increase congestion, endanger the public, or substantially diminish or impair property
values in the neighborhood.
7. The proposed size and configuration of the residence and attached garage could be
altered to somewhat reduce the degree of variances needed to accommodate it on the
substandard lot. However, it would be impossible to reduce the home size enough to
avoid any variances. Placement of a residential structure should balance the variances in a
manner that best mitigates impacts to vegetation, neighboring properties, the lake and the
public right-of-way. The applicants have proposed a residential structure to accommodate
a family of four and a location that centers in the small buildable envelope of the site.
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 generally consistent with the plans submitted to the
city on December 23, 2019.
2. The setbacks for the new house with approved variances shall be:
• no less than twenty (20) feet from the front property line along Norell Ave N
• no less than seven and a half (7.5) feet from the south property line
• no less than 79 feet from the Ordinary High Water Level of Big Marine Lake
3. The applicant shall obtain required permits for tear down of the existing home, grading, a
new driveway access and building permits from the City of Scandia.
4. The applicant shall pay all fees and escrows associated with this application.
PC Resolution No.: 2020-01
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Adopted by the Scandia Planning Commission this 7th day of January, 2020.
_________________________________
Dan Squyres, Chair
ATTEST:
_________________________________
Ken Cammilleri, City Administrator