8c. PC Resolution 2020-19 Swenson Variance
CITY OF SCANDIA, MINNESOTA
PC RESOLUTION NO. 2020-19
APPROVING VARIANCE FOR PARCEL 34.032.20.24.0019
LOCATED AT 18590 NORELL AVENUE NORTH
WHEREAS, Neil and Diana Swenson have made an application for Variances from the
standards for residential accessory structures and the minimum lake setback for an addition to a
residential structure on property identified as PID 34.032.20.24.0019; and
WHEREAS, the property is legally described as follows:
ANDERSON'S BIG LAKE ADD LOT 4 BLOCK 2 SUBDIVISIONCD 91060
WHEREAS, the Planning Commission reviewed the request for Variances at a duly
noticed Public Hearing on October 6, 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 a 80.1
foot variance from the minimum lake setback for an addition to a residential structure at 18590
Norell Avenue North, based on the following findings:
1. The Comprehensive Plan prioritizes environmental stewardship on lakeside lots. The
new addition to the existing residential structure would not encroach any more into
the lake setback. The proposed addition, along with a new garage and new driveways,
would bring the impervious surface on the site to a total of 4,949 square feet. This
amount would be just under the impervious surface limit of 25% by less than 0.1%
(4,949/19,817 = 24.97%), but would be within what is permitted. 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 existing
residence being nonconforming, and the lot being substandard to the minimum
requirements of the development code. The existing cabin does meet minimum
setbacks on the sides and the front. 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.
PC Resolution No.: 2020-19
Page 2 of 3
The existing garage is also nonconforming, as it exceeds the current code
requirements of only 720 square feet of accessory space on lots of under an acre in
size. Apart from the size, the garage does meet setbacks and other requirements. If the
lot were meeting the minimum lot size, the property would be permitted up to 1,000
square feet of accessory space without needing a variance, though a second structure
would still not be permitted without a variance. The practical difficulties are not
caused by the current landowner and are unique to the property.
4. The proposed alteration would keep the existing residential structure for single-family
use. The addition would not bring the residence out of scale with the range of house
sizes in the area, or beyond what is permitted. Apart from the lake setback, the house
meets the other requirements of the Development Code. The addition of another
garage onto a property of this size would be uncommon, though if the variance is
granted it would not be the only property with more than one garage. Granting the
variance for the lake setback in order to remodel an existing residential structure
would not alter the essential character of the area. Due to its uncommon occurrence,
granting the variance to allow for the additional garage could alter the essential
character of the neighborhood.
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 remodeled house and
attached 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 impaired, either.
If maintaining connection to the city sewer system, the applicant should work with
the city to ensure the system can handle it. If not, an on-site system may be needed.
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. The applicant will need to work with the city to ensure the
proposed remodel will not impair the city sewer system, which if overwhelmed could
endanger the public.
7. The proposed remodel of the existing residence exceeds 50% of the appraised value,
hence the need for a variance. The remodel and addition would not result in any
encroachment closer to the OHWL; the addition onto the house would meet the
minimum front and side setback requirements.
Additional construction of the proposed attached garage would bring the property
close to the maximum impervious surface coverage of 25%. While the lot being
nonconforming does limit the amount of accessory space one can have, the code
requirement that limits accessory space is intended to prevent lots from having an
PC Resolution No.: 2020-19
Page 3 of 3
excessive number of accessory structures and to help keep lots below the maximum
impervious surface coverage of 25%. If the lot was meeting the minimum size (2.5
acres within the Shoreland Overlay), a second structure would still not be permitted
without a variance. An addition to the existing detached garage could be better
considered as a ‘minimum action’, as the property could then still meet the
requirement of having one accessory structure and could better remain under the
maximum impervious surface coverage. The variance for the lake setback is the
minimum action required to eliminate the practical difficulties facing the existing
house. The variance to allow for a second accessory structure appears to not be the
minimum action required.
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 setbacks of the proposed addition to the existing residential structure
shall be consistent with the plans submitted to the City of Scandia on August 26, 2020,
and reviewed for this request.
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 work with the City to establish a five foot easement along the east
property line for drainage and utilities.
5. The applicant shall have the septic system meet applicable City Ordinances, and shall
comply with applicable Washington County requirements.
6. The applicant shall secure any other applicable Federal, 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 Planning Commission this 6th day of October, 2020.
_________________________________
Dan Squyres, Chair
ATTEST:
_________________________________
Ken Cammilleri, City Administrator