5a. PC Resolution 2020-02 Palkert Variance
CITY OF SCANDIA, MINNESOTA
PC RESOLUTION NO. 2020-02
APPROVING A VARIANCE FOR 12632 182ND STREET NORTH
WHEREAS, Mike Mann made an application for a variance from the required setbacks
from the Ordinary High Water Level (OHWL) of Big Marine Lake and from the south side lot
line to construct a new residential structure at 12632 182nd Street North, on property owned by
Jana and Dennis Palkert; and
WHEREAS, the property is legally described as follows:
LOT 7 OF THE RECORDED PLAT OF BIG LAKEVIEW 3RD ADDITION
WASHINGTON COUNTY MINNESOTA EXCEPT THAT PART OF SAID LOT 7
DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY COR- NER
OF SAID LOT 7 THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID
LOT 7 ON AN ASSUMED AZIMUTH FROM NORTH OF 54 DEGREES 45
MINUTES 08 SECONDS A DISTANCE OF 191.95 FEET THENCE ON AN
AZIMUTH OF 240 DEGREES 01 MINUTE 32 SECONDS A DISTANCE OF 123.68
FEET THEN ON AN AZIMUTH OF 225 DEGREES 22 MINUTES 13 SECONDS A
DISTANCE OF 69.73 FEET TO THE POINT OF BEGINNING AT SAID
SOUTHWESTERLY CORNER OF LOT 7 SUBJECT TO THE ROAD AS IT
PRESENTLY RUNS OVER AND ACROSS THE WESTERLY EDGE OF THE LOT
BIG LAKEVIEW 3RD ADDITION NEW SCANDIA TOWNSHIP
SUBDIVISIONNAME BIG LAKE VIEW 3RD ADD LOT 7 SUBDIVISIONCD 91087;
and
WHEREAS, the Planning Commission reviewed the request for the Variance at a duly
noticed Public Hearing on December 3, 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
Variances to setbacks from the Ordinary High Water Level (OHWL) of Big Marine Lake and
from the south side lot line to construct a new residential structure at 12632 182nd Street North;
based on the following findings:
PC Resolution No.: 2020-02
Page 2 of 3
1. The Comprehensive Plan and Development Code support single-family residential
uses in the General Rural District and Shoreland Overlay District. The proposed
house fits with the intended use of the area and minimizes variances to the extent
possible given unique site constraints.
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.
3. The small size of the lot, with significant slopes and only one location for the new
septic, are practical difficulties unique to the lot.
4. Other properties in the area are substandard in size and some of the single-family
residential structures impinge on the lake, side and/or road setbacks. This proposed
residential structure would likewise impinge on setbacks, but moves the new home
significantly further back from the lake than the previous home on the parcel. The
new residential structure 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
lake. 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. This finding is met.
7. The proposed size and configuration of the residential structure and attached garage
could be altered to reduce the degree of variances needed to accommodate it on the
substandard lot. However, it would be nearly impossible to reduce the residential
structure size and configuration enough to avoid any variances, given the size of the
lot, slopes, and one viable septic location. This finding is mostly met.
8. The variance is not related to a need for direct sunlight for solar energy systems.
BE IT FURTHER RESOLVED that the variances are approved in accordance with the
following:
1. Development of 12632 182nd Street North shall be shall be in substantial compliance
with plans submitted to the City of Scandia on December 27, 2019.
2. The setbacks for the new house with approved variances shall be:
• no less than forty (40) feet from the front property line along 182nd Street N
• no less than 15.1 feet from the south property line
• no less than twenty (20) feet from the north property line
PC Resolution No.: 2020-02
Page 3 of 3
• no less than 71.6 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.
• Detailed grading and erosion control plans will be required and must address
drainage on the southeast side lot line, and may require relocating the
proposed well to allow for grading to direct drainage down the lot line instead
of to neighboring property.
• A driveway culvert will be required but drainage upon the existing culvert
needs to be reviewed closely.
4. Washington County must review and approve the primary and secondary drainfield.
5. Minnesota Department of Health must approve and permit the proposed well.
6. If a retaining wall is approved and is in excess of four (4) feet in height, then a
building permit is required.
7. The site needs to be in compliance with Watershed District requirements and may
require a permit.
8. The applicant shall pay all fees and escrows associated with this application.
Adopted by the Scandia Planning Commission this 7th day of January, 2020.
_________________________________
Dan Squyres, Chair
ATTEST:
_________________________________
Ken Cammilleri, City Administrator