6. PC Resolution 2020-14_Tomaro Walsh Variance
CITY OF SCANDIA, MINNESOTA
PC RESOLUTION NO. 2020-14
APPROVING VARIANCE FOR PARCEL 34.032.20.24.0020
LOCATED AT 18570 NORELL AVENUE NORTH
WHEREAS, John Walsh has made an application for Variances to lake and side setbacks
for construction of a residential structure on property identified as PID 34.032.20.24.0020; and
WHEREAS, the property is legally described as follows:
ANDERSON'S BIG LAKE ADD LOT 5 BLOCK 2 SUBDIVISIONCD 91060
WHEREAS, the Planning Commission reviewed the request for Variances at a duly
noticed Public Hearing on September 1, 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 for lake and side setbacks to permit construction of a residential structure and
accessory structure at 18570 Norell Avenue North, based on the following findings:
1. The Comprehensive Plan prioritizes environmental stewardship on lakeside lots. The
applicant proposes to proceed such that the lake setback would be much greater than that
of the existing residential structure. The applicant has also requested a small
encroachment into the side setbacks. The property would still have to follow the
impervious surface limits, and other applicable requirements of the Development Code,
unless a separate variance was granted in the future. The proposed plans are 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. Proposing to continue to use the property for residential use is a
reasonable use in the General Rural District.
3. The practical difficulties that limit the use of the property are a result of the lot being
substandard and not conforming to the minimum requirements of the development code.
The lot does not meet the minimum lot size (2 acres), buildable area (1 acre), or
minimum frontage (160 feet) of the GR zoning district. Due to the limited amount of
space, it can difficult to use the property without setback variances and meet code. The
practical difficulties are not caused by the current landowner and are unique to the
property.
PC Resolution No.: 2020-14
Page 2 of 3
4. The proposed plans would keep the use of the property as single-family residential. The
existing residential structure is about 30 feet from the OHWL, whereas the proposed
house would be much further from the lake. Granting a variance for the lake and side
setbacks would not alter the essential character of the area.
5. The practical difficulties are related to the lot not providing the minimum amount of
space as is required in the code. The practical difficulties are not only economic in nature.
6. Granting the requested variances would not result in the new house limiting light or air to
neighboring properties. The land use will not change from single-family residential, so
increases to congestion or fire danger are not expected. The property values of
neighboring values would not be impacted, either. This area of the city is served by the
Anderson Erickson Sewer System. The existing system is at or exceeding current
capacity, so a residence with more bedrooms could potentially cause issues with the
sewer system. Given the potential issues with the city sewer, an on-site private system
may be a safer option. The requested variances will not impair the supply of light or air to
adjacent properties, increase congestion, or substantially diminish or impair property
values in the neighborhood. Granting the variance could result in endangering the public
safety if the new residence has more bedrooms than the existing cabin and overwhelms
the sewer system.
7. The proposed residential structure will be much further from the OHWL than the existing
cabin. The proposed house could potentially be placed even closer to the OHWL, and still
be an improvement from the current cabin’s setback. The lot is not meeting the minimum
frontage, and the requested variance for the side setback is minimal. The requested
variances for the lake and side setbacks are the minimum action required to eliminate the
practical difficulties of this substandard lot.
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 location and layout of the proposed residential structure and attached garage shall be
permitted a minimum setback of 85 feet from the Ordinary High Water Level, and a
minimum setback of 19 feet from the side property lines.
2. The applicant shall secure all applicable permits from the Carnelian Marine St. Croix
Watershed District, and comply with their requirements.
3. A grading plan and erosion control plan shall be submitted to the city for review, showing
any areas of soil disruption, including building floor elevations and the grading
limits/elevations/slopes of the new driveway, in order to ensure that drainage is not directed
to adjacent properties.
4. The property shall be served by a private, on-site sewage treatment system.
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5. The applicant shall secure a demolition permit to remove the existing structures on-site
prior to issuance of a building permit.
6. The applicant shall secure from the City a driveway permit and grading permit prior to
issuance of a building permit.
7. The property owners shall work with the City to establish a five foot easement along the
east property line for drainage and utilities.
8. The applicant shall secure any other applicable Federal, State, County and local permits
required for the project.
9. The applicant shall pay all fees and escrows associated with this application.
Adopted by the Scandia Planning Commission this 1st day of September, 2020.
_________________________________
Dan Squyres, Chair
ATTEST:
_________________________________
Ken Cammilleri, City Administrator