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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 Page 2 of 3 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 Page 3 of 3 Adopted by the Scandia City Council this 20th day of October, 2020. _________________________________ Christine Maefsky, Mayor ATTEST: _________________________________ Brenda Eklund, City Clerk