9.b5c Res. No. 2020-42 Berger Variance
CITY OF SCANDIA, MINNESOTA
CC RESOLUTION NO. 2020-42
APPROVING VARIANCE FOR PARCEL 26.032.20.31.0005
LOCATED AT 19241 ORWELL AVENUE NORTH
WHEREAS, Jay Berger has made an application for a Variance to the lake side setback
for construction of a deck onto an existing residential structure on property identified as PID
26.032.20.31.0005; and
WHEREAS, the property is legally described as follows:
MERRYWOOD LOT 12 SUBDIVISION CD 91475 AND LOT 13
WHEREAS, the Planning Commission reviewed the request for a Variance 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 a 136.3 foot variance to the lake side setback to allow construction of a
deck onto an existing residential structure at 19241 Orwell Avenue North, based on the
following findings:
1. The Comprehensive Plan prioritizes environmental stewardship on lakeside lots. The
proposed improvements are minor; combined with working with the watershed
district the applicants intend to minimize any potential impacts that could result from
this project. 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 are a result of the lot being substandard, and the existing
house not meeting the minimum requirements of the development code. The lot does
not meet the minimum lot size (2 acres), or buildable area (1 acre) requirements of the
GR zoning district. The house resides nearly fully within the required setback from
the OHWL. The existing residence was built by previous owners at a time where
zoning regulations permitted structures at smaller distances from lakes. Without
moving the house, any potential changes to the lake side of the house will encroach
into the required lake setback. The practical difficulties are not caused by the current
landowner and are unique to the property.
CC Resolution No.: 2020-42
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4. The proposed deck would not be altering the property to an extent that the ‘essential
character’ is impacted. Many lots along this lake have decks or patios on the rear side
as well; the proposed deck would largely occupy a similar footprint as an existing
brick patio. Most neighboring properties will likely not notice the deck if the variance
is granted. 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 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 project would add approximately 207 square feet of deck and steps
onto the lake side of the house. The proposed project would encroach into the existing
setback by less than 10 feet. Given that the proposed project is only x feet closer to
the OHWL than the existing house, the proposed plans appear to be as minimal of an
action one could request. 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 of the proposed deck shall be consistent with the plans submitted to the
City of Scandia on August 28, 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, in order to ensure that drainage is not directed to
adjacent properties.
4. The applicant shall secure any other applicable Federal, State, County and local permits
required for the project.
5. The applicant shall pay all fees and escrows associated with this application.
CC Resolution No.: 2020-42
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Adopted by the Scandia City Council this 20th day of October, 2020.
_________________________________
Christine Maefsky, Mayor
ATTEST:
_________________________________
Brenda Eklund, City Clerk