8.b3ii Tomaro Walsh Variance CC Resolution 2020-43
CITY OF SCANDIA, MINNESOTA
CC RESOLUTION NO. 2020-43
APPROVING 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 ADDITTION LOT 5 BLOCK 2 SUBDIVISION CD 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 approve the variances requested;
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 to the lake, front, and south side setback to allow
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 shoreline
and the OHWL 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 the new house connecting to the city sewer system. The proposed
plans as shown were not in general harmony with the Comprehensive Plan and
Development Code; by removing the existing cabin, though, the requested variances do
become in harmony with the Comprehensive Plan and Development Code, as they
improve upon the setbacks from the shoreline and OHWL.
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 underlying zoning district. Due to the limited amount
CC Resolution No.: 2020-43
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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. Adding a condition to remove the
existing cabin would negate this issue and keep the lot within the permitted surface
coverage limits. The requested variances as shown could alter the essential character of
the neighborhood. Requiring the removal of the existing cabin would better 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 (which is two) 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 proposed new house will have to limit
the number of bedrooms to two so that the house can connect to the system.
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. Removing the existing cabin
would bring the property to an impervious coverage of 24.4%. By removing the existing
cabin and keeping the lot within an impervious coverage of 25%, the requested variances
do 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.
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FURTHER BE IT RESOLVED that the following conditions of approval shall be met:
1. The location and layout of the proposed new residential structure and driveway shall be
consistent with the plans submitted to the City of Scandia on November 10, 2020.
2. The proposed new residential structure shall not have more bedrooms than the existing
cabin (two), and shall meet all city ordinance requirements in order to ensure that
connecting the proposed residence to the A/E sewer system does not overwhelm said
system.
3. The existing cabin shown on the proposed plans shall be removed from the property.
4. The applicant shall secure applicable permits from the Carnelian Marine St. Croix
Watershed District, and comply with their requirements.
5. 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.
6. The applicant shall provide documented County approval for any well and septic
systems.
7. The applicant shall secure any other applicable Federal, State, County and local permits
required for the project.
8. 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