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8.b2ii Davies Variance CC Resolution 2020-42 CITY OF SCANDIA, MINNESOTA CITY COUNCIL RESOLUTION NO. 2020-42 APPROVING VARIANCE FOR PARCEL 29.032.20.14.0009 LOCATED AT 12050 196TH STREET NORTH WHEREAS, Debra and Robert Davies have made an application for Variances to front, side, and lake side setbacks for construction of a residential structure and accessory structure on property identified as PID 29.032.20.14.0009; and WHEREAS, the property is legally described as follows: That part of Government Lot 3, Section 29, Township 32, Range 20, Washington County, Minnesota described as follows: Beginning at the most southerly corner of Lot 9, Block 2, of the recorded plat of Beckstrom Addition; thence South 36 degrees 17 minutes West, assuming the southwest line of said Lot 9 has a bearing of South 41 degrees 43 minutes East, 50 feet to a point hereinafter known as Point “A”; thence return North 36 degrees 17 minutes East, 50 feet; thence North 41 degrees 43 minutes West along said southwest line, 203 feet more or less to the shore of Big Marine Lake; thence southwesterly along said shoreline to the intersection with a line bearing North 41 degrees 43 minutes West from said Point “A”; thence South 41 degrees 43 minutes East, 12 feet; thence North 84 degrees 01 minute 10 seconds East, 23.29 feet; thence North 48 degrees 17 minutes East, 30 feet to the southwesterly line of 196th Street North (platted as Lakewood Avenue); thence North 41 degrees 43 minutes West, along said southwesterly line 36 feet to the point of beginning. WHEREAS, the Planning Commission reviewed the request for Variances at a duly noticed Public Hearing on August 4, 2020, and further reviewed revised plans on September 1, 2020 and November 10, 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 front, side, and lake side setbacks to permit construction of a residential structure and accessory structure at 12050 196th Street North, based on the following findings: 1. The Comprehensive Plan prioritizes environmental stewardship on lakeside lots. The applicant proposes to proceed in a manner that keeps alterations and impacts low, due to the structure’s proximity to the lake. The new residential structure would be slightly further away than the existing cabin in the lake setback, and would be placed PC Resolution No.: 2020-42 Page 2 of 3 further from the right side property line than the current cabin. 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 (2 acres), buildable area (1 acre), or minimum frontage (160 feet) of the GR zoning district. Without acquiring additional land, it is difficult to use the property without setback variances and meet code. Additionally, there are overhead electric and guyed wires that cross over part of the property on the south end. The practical difficulties are not caused by the current landowner and are unique to the property. 4. The proposed plans would keep a residential structure in a similar location as the present structure, and continue to be a single-family use. The proposed size of the reconstructed residence would not be out of scale with the range of house sizes in the area. The plans also show a new garage being constructed. While this would be new, it would not be uncommon, as other properties on the street have garages located in between the road and the house. 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 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 residential structure will be similar in size and location as the existing residential structure. The construction of a detached garage would be a new addition to the property. The location of the detached garage is proposed in order to have proper space for the septic system. 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. PC Resolution No.: 2020-42 Page 3 of 3 FURTHER BE IT RESOLVED that the following conditions of approval shall be met: 1. The location and layout of the proposed residential structure and detached garage shall be consistent with the plans submitted to the City of Scandia on August 18, 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, including building floor elevations and the grading limits/elevations/slopes of the new driveway, in order to ensure that drainage is not directed to adjacent properties. 4. The applicant shall provide documented County approval for a new well and septic system, or documented approval from the County to continue using the existing well and/or septic system. 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 17th day of November, 2020. _________________________________ Christine Maefsky, Mayor ATTEST: _________________________________ Brenda Eklund, City Clerk