7. PC Resolution 2020-22 Tomaro Walsh Variance
CITY OF SCANDIA, MINNESOTA
PC RESOLUTION NO. 2020-22
DENYING A VARIANCE FOR PARCEL 34.032.20.24.0020
LOCATED AT 18570 NORELL AVENUE NORTH
WHEREAS, John Walsh has made an application for Variances to lake, front, and side
setbacks for construction of a residential structure on property identified as PID
34.032.20.24.0020; and
WHEREAS, the property is legally described as follows:
ANDERSON'S BIG LAKE ADD LOT 5 BLOCK 2 SUBDIVISIONCD 91060
WHEREAS, the Planning Commission reviewed the request for Variances at a duly
noticed Public Hearing on September 1, 2020, and further reviewed revised plans on November
10, 2020, and recommended that the City Council deny the variances as requested;
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 deny Variances
for lake, front, and side setbacks to permit construction of a residential structure at 18570 Norell
Avenue North, based on the following findings:
1. The Comprehensive Plan prioritizes environmental stewardship on lakeside lots. The
applicant proposes to have a new residence that is placed further away from the lake than
the existing cabin. As a result of the increased lake setback, the house does encroach into
the front yard setback. The revised plans shifted the house south compared to the original
request, in order to have room for a tank and lift station to address issues with connecting
to the sewer. The proposal to keep the cabin as an ADU would negate the increased
setback from the lake, though, and would potentially put the lot at an impervious
coverage of over 25%. By removing the cabin, and reducing the proposed house’s
encroachments into the front or south side setback, the lot would be able to be below the
impervious coverage limit. The proposed plans as shown are not in general harmony with
the Comprehensive Plan and Development Code; revisions or conditions for approval
would need to be made in order to bring the request into 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.
PC Resolution No.: 2020-22
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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 (2 acres), buildable area (1 acre), or
minimum frontage (160 feet) of the underlying zoning district. Due to the limited amount
of space, it can difficult to use the property without setback variances and meet code. The
100 foot lake setback in particular is hard to meet on this lot due to the OHWL taking a
sharp turn eastward on the adjacent property. The practical difficulties are not caused by
the current landowner and are unique to the property.
4. The proposed plans would keep the use of the property as single-family residential. The
existing cabin is less than 30 feet from the OHWL, whereas the proposed house would be
constructed further from the OHWL. As shown, the proposed plans would put the
impervious surface coverage at above 25%. Exceeding the impervious surface limit is not
something that would be encouraged in this area, and would likely impact the character
of the neighborhood and the lake in a negative manner. Adjustments to the proposed
house’s footprint in conjunction with removing the existing cabin would negate this
issue. The requested variances as shown could alter the essential character of the
neighborhood. Reducing encroachments into the required side and/or front setback along
with removal of the existing cabin would keep the lot in-line with the character of the rest
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 new house limiting light or air to
neighboring properties. The land use will not change from single-family residential, so
increases to congestion or fire danger are not expected. The property values of
neighboring values would not be negatively impacted, either. This area of the city is
served by the Anderson Erickson Sewer System. The existing system is at or exceeding
current capacity, so a residence with more bedrooms could potentially cause issues with
the sewer system. Given the potential issues with the city sewer, a new house would have
to have the same number of bedrooms the existing cabin did in order to prevent the
system being overwhelmed. If the existing cabin were to be kept, it would need to be
removed from the system. 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 property will have to limit the number of
bedrooms in the house and work with the city to guarantee that hooking up into the
system will not overwhelm it.
7. The proposed residential structure will be further from the OHWL than the existing
cabin. The lot is not meeting the minimum frontage, and the requested variance to
encroach into the side setback is minimal. The house, as a result of being placed further
away from the OHWL, encroaches into the front setback. As shown in the current plans,
the lot would be exceeding the impervious surface coverage. Removing the existing cabin
would bring the property to an impervious coverage of 25.3%. Given that the house
footprint would still need to be reduced to get the lot below the 25% threshold, the
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requested variances do not appear to be the minimum request necessary to overcome the
difficulties of the lot being substandard.
8. The variance is not related to a need for direct sunlight for solar energy systems.
Adopted by the Scandia Planning Commission this 10th day of November, 2020.
_________________________________
Dan Squyres, Chair
ATTEST:
_________________________________
Ken Cammilleri, City Administrator