9. PC Resolution 2020-13 Davies Variance copy
CITY OF SCANDIA, MINNESOTA
PC RESOLUTION NO. 2020-13
APPROVING VARIANCE FOR PARCEL 29.032.20.14.0009
LOCATED AT 12050 196TH STREET NORTH
WHEREAS, Debra and Robert Davies have made an application for Variances to front,
side, and lake side setbacks for construction of a residential structure and accessory structure on
property identified as PID 29.032.20.14.0009; and
WHEREAS, the property is legally described as follows:
That part of Government Lot 3, Section 29, Township 32, Range 20, Washington County,
Minnesota described as follows:
Beginning at the most southerly corner of Lot 9, Block 2, of the recorded plat of Beckstrom
Addition; thence South 36 degrees 17 minutes West, assuming the southwest line of said
Lot 9 has a bearing of South 41 degrees 43 minutes East, 50 feet to a point hereinafter
known as Point “A”; thence return North 36 degrees 17 minutes East, 50 feet; thence North
41 degrees 43 minutes West along said southwest line, 203 feet more or less to the shore
of Big Marine Lake; thence southwesterly along said shoreline to the intersection with a
line bearing North 41 degrees 43 minutes West from said Point “A”; thence South 41
degrees 43 minutes East, 12 feet; thence North 84 degrees 01 minute 10 seconds East,
23.29 feet; thence North 48 degrees 17 minutes East, 30 feet to the southwesterly line of
196th Street North (platted as Lakewood Avenue); thence North 41 degrees 43 minutes
West, along said southwesterly line 36 feet to the point of beginning.
WHEREAS, the Planning Commission reviewed the request for Variances at a duly
noticed Public Hearing on August 4, 2020 and further reviewed the request 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 front, side, and lake side setbacks to permit construction of a residential structure
and accessory structure at 12050 196th Street North, based on the following findings:
1. The Comprehensive Plan prioritizes environmental stewardship on lakeside lots. The
applicant proposes to proceed in a manner that keeps alterations and impacts low, due
to the structure’s proximity to the lake. The new residential structure would be
slightly further away than the existing cabin in the lake setback, and would be placed
further from the right side property line than the current cabin. The proposed plans
are in general harmony with the Comprehensive Plan and Development Code.
PC Resolution No.: 2020-13
Page 2 of 3
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. Without acquiring additional
land, it is difficult to use the property without setback variances and meet code.
Additionally, there are overhead electric and guyed wires that cross over part of the
property on the south end. The practical difficulties are not caused by the current
landowner and are unique to the property.
4. The proposed plans would keep a residential structure in a similar location as the
present structure, and continue to be a single-family use. The proposed size of the
reconstructed residence would not be out of scale with the range of house sizes in the
area. The plans also show a new garage being constructed. While this would be new,
it would not be uncommon, as other properties on the street have garages located in
between the road and the house. Granting the variance 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 and detached
garage limiting light or air to neighboring properties. The land use will not change
from single-family residential, so increases to congestion, fire danger, or public safety
are not expected. The property values of neighboring values would not be impacted,
either. The requested 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.
7. The proposed residential structure will be similar in size and location as the existing
residential structure. The construction of a detached garage would be a new addition
to the property. The location of the detached garage is proposed in order to have
proper space for the septic system. 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 location and layout of the proposed residential structure and detached garage shall
be consistent with the plans submitted to the City of Scandia on August 18, 2020, and
reviewed for this request.
PC Resolution No.: 2020-13
Page 3 of 3
2. The applicant shall secure 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 applicant shall provide documented County approval for a new well and septic
system, or documented approval from the County to continue using the existing well
and/or septic system.
5. The applicant shall secure any other applicable Federal, State, County and local permits
required for the project.
6. 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