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9.b4c Res No. 2020-41 Walker Variance CITY OF SCANDIA, MINNESOTA CC RESOLUTION NO. 2020-41 APPROVING VARIANCES FOR PARCEL 31.032.20.14.0101 LOCATED AT 18643 LAMAR AVENUE NORTH WHEREAS, Brenda Walker has made an application for Variances to the north and south side setbacks for construction of a residential structure and accessory structure on property identified as PID 31.032.20.14.0101; and WHEREAS, the property is legally described as follows: BLOCK 2 LOT G 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 to permit construction of a residential structure at 18643 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. 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 houses fit within such a space and expect them to meet modern building code CC Resolution No.: 2020-41 Page 2 of 3 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 lots. The proposed variance request would permit for a house to be built in a size that is similar to other residences, and would not allow for a structure to be built that is out of line with the character of other homes in this area of the city. 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 is centered in 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 much smaller 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. 4. The applicant shall provide documented approvals for a well and septic system on the site. CC Resolution No.: 2020-41 Page 3 of 3 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