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7.b2 Resolution No. 2020-05 Palkert Variance CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 2020-05 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 WASHINGTON COUNTY, MINNESOTA; 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 CITY COUNCIL 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: 1. The Comprehensive Plan and Development Code support single-family residential uses in the General Rural District and Shoreland Overlay District. The proposed Resolution No.: 2020-05 Page 2 of 3 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 • no less than 71.6 feet from the Ordinary High Water Level of Big Marine Lake Resolution No.: 2020-05 Page 3 of 3 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 City Council this 21st day of January, 2020. _________________________________ Christine Maefsky, Mayor ATTEST: _________________________________ Kenneth Cammilleri, City Administrator