8.b2 Resolution 2020-26 - Holker VarianceCITY OF SCANDIA, MINNESOTA
CITY COUNCIL RESOLUTION NO. 2020-26
APPROVING VARIANCE FOR PARCEL 29.032.20.14.0018
LOCATED AT 12140 196TH STREET NORTH
WHEREAS, Jeff Holker has made an application for Variances to side setback and lake
front setback for reconstruction of a residential structure on property identified as PID
29.032.20.14.0018; and
WHEREAS, the property is legally described as follows:
Lots 1 and 2, Block 2, Beckstrom Addition, Washington County, MN; and
WHEREAS, the Planning Commission reviewed the request for Variances at a duly
noticed Public Hearing on May 5, 2020, and further reviewed a revised plan on July 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 for side setback and lake
setback to allow construction of a residential structure at 12140 196th Street North, based on the
following findings:
1. The Comprehensive Plan prioritizes environmental stewardship on lakeside lots. The
applicant's revised plan now proposes to proceed in a manner that removes the
current, non -conforming house and detached garage, with a new house that is set back
at a similar distance as nearby neighbors. The applicant's new plans would encroach
less into the lake setback and would not be closer into the right yard setback than the
current house or garage. The proposed residential structure is in general harmony
with the Comprehensive Plan and Development Code.
2. This property is in the General Rural zoning district, which is guided for single-
family residential use. The proposed residential structure is a reasonable use for the
General Rural District.
3. The practical difficulties that limit the location for a reconstructed home include some
sloped areas on the site, septic and well locations, and limited buildable area. The
buildable area that would not require a variance is limited, due to the property not
conforming to the minimum requirements of its zoning district. The property is zoned
General Rural (GR), a district that has a minimum lot size of 2 acres. The property,
with the two lots combined, is below this threshold. The (GR) district has a minimum
buildable area of 1 acre, which the property currently does not have. The (GR) district
Resolution No.: 2020-26
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also requires a minimum frontage of 160 feet, which the property does not have. The
practical difficulties are not caused by the current landowner and are unique to the
property.
4. The proposed residential structure would be further away from the shoreline as the
present non -conforming structure, and would not change the land use of the property
from single-family. A new house, following the requested variance requests and other
applicable code requirements would allow for a structure similar to others in the area.
Granting the variance would not alter the essential character of the area.
5. The practical difficulties are related to the location of the existing natural and
manmade obstacles that make moving the structure location anywhere else a
challenge. The practical difficulties are not only economic in nature.
6. The proposed variances for placing a new residential structure within the required
setback areas 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 residential structure will be located much further away from the
shoreline than the current house. The proposed residential structure would have a
similar right side setback as the current house and detached garage. The plans
submitted are proposed in order to minimize and reduce any impact to trees onsite,
not interrupt the existing septic location, and provides a larger shore yard between the
house and the lake. This 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 lake and right side setback locations of the new residential structure shall be
consistent with the plans reviewed in this report and submitted to the City of Scandia on
July 1, 2020.
2. The applicant shall secure a permit from the Carnelian Marine St. Croix Watershed
District and comply with its requirement.
3. A grading and erosion control plan shall be submitted to the city for review, showing any
areas of soil disruption, including the garage floor elevation and the grading
limits/elevations/slopes of the new driveway, in order to ensure that drainage is not
directed to the adjacent property.
4. Address any comments made from the City Engineer, including an easement for drainage
and utilities.
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5. The applicant shall have a drainfield review conducted by Washington County
Environmental to ensure proper function and compliance, unless such a review has been
conducted within the past three (3) years.
6. The applicant shall secure any other relevant State, County and local permits required for
the project.
7. The applicant shall pay all fees and escrows associated with this application.
Adopted by the Scandia City Council this 21st day of July, 2020.
Christine Maefsky, Mayor
ATTEST:
Brenda Eklund, City Clerk