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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. PC Resolution No.: 2020-14 Page 3 of 3 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