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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 Page 2 of 3 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. CC Resolution No.: 2020-43 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 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