9.b3c Res. No. 2020-40 Werb Variance
CITY OF SCANDIA, MINNESOTA
CC RESOLUTION NO. 2020-40
APPROVING VARIANCES FOR PARCEL 31.032.20.14.0100
LOCATED AT 18657 LAMAR AVENUE NORTH
WHEREAS, Michael Werb has made an application for Variances to the north and south
side setbacks for construction of a residential structure and attached accessory structure on
property identified as PID 31.032.20.14.0100; and
WHEREAS, the property is legally described as follows:
BLOCK 2 LOT F SUBDIVISION CD 91102 BLISS PLAT 4TH DIVISION
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 CITY COUNCIL
OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should
and hereby does approve variances for the north and south side setbacks for construction of a
residential structure and attached accessory structure at 18657 Lamar Avenue North, based on
the following findings:
1. The 2040 Comprehensive Plan identified that there is a need for new housing in the
future, as the city’s population is expected to slowly increase over time. Utilizing two
already existing lots would help provide additional housing in the city without
requiring a new subdivision. The parcel is zoned General Rural while also being
within the Shoreland Overlay; both of these permit single-family residential use. 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 of 2 acres, buildable area of 1 acre,
or the minimum frontage of 160 feet for the GR zoning district. If a lot is only 50 feet
wide, a house could only be 10 feet wide in order to meet the minimum side setback
requirement. The buildable area for the parcel, using minimum required setbacks,
gives the property owner a narrow space to work with; it is not common to require
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houses fit within such a space and expect them to meet modern building code
requirements. The practical difficulties are not caused by the current landowner and
are unique to the property.
4. The proposed plans would utilize the property for a single family residence, which is
a similar use as other adjacent properties. The proposed variance request would
permit for a house to be built in a size that is similar to other residences. Other
applicable code requirements (such as maximum lot coverage) and the fact that the lot
slopes considerably on the east half would prevent a new residence from altering the
essential character of the area. 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 be single-
family residential, so increases to congestion, fire danger, or public safety are not
expected. The property values of neighboring values would not be negatively
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 is modest in size at just over 1,000 square feet. The
placement of the house and attached garage is centered on the lot, so as to minimize
the encroachment into the north and south side setbacks. Since building codes can
limit how small a house can potentially be built, it is unlikely that a smaller side yard
variance could be granted in order to permit construction of a new residence on the
lot. 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 north and south side setbacks of the proposed residential structure is permitted to
be 7 feet, as per the plans 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 survey, vegetation, 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 any new driveways, in order to ensure that
drainage is not directed to adjacent properties.
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4. The applicant shall provide documented approvals for a well and septic system on the
site.
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 City Council this 20th day of October, 2020.
_________________________________
Christine Maefsky, Mayor
ATTEST:
_________________________________
Brenda Eklund, City Clerk