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8.b2c Resolution 2020-51 Guinee Variance CITY OF SCANDIA, MINNESOTA CITY COUNCIL RESOLUTION NO. 2020-51 APPROVING VARIANCE FOR PARCEL 33.032.20.44.0009 LOCATED AT 13110 182ND STREET NORTH WHEREAS, Kevin and Carla Guinee, on behalf of property owners Bertram and Carol Guinee who have provided their approval and consent, has made an application for Variances from the standards for residential accessory structures, and the minimum side setback for an addition and remodel to an existing non-conforming residential structure on property identified as PID 33.032.20.44.0009; and WHEREAS, the property is legally described as follows: LOT 5 BIG LAKE VIEW ADDITION WHEREAS, the Planning Commission reviewed the request for Variances at a duly noticed Public Hearing on December 1, 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 from the standards for residential accessory structures, and the minimum side setback for an addition and remodel to an existing non-conforming residential structure at 182nd Street North, based on the following findings: 1. The Comprehensive Plan prioritizes environmental stewardship on lakeside lots. The proposed improvements are not encroaching into or closer to the lake than the existing house. The impervious surface coverage of the lot, if the variances are granted, would be just under 15%. 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), width (160 feet), or buildable area (1 acre) requirements of the GR zoning district and Shoreland Overlay. The house was built at a time where the minimum setback from the side property lines were different than they are today, while the lot was laid out long before the current minimum lot standards were enacted. The lot also has slopes throughout, further limiting where CC Resolution No.: 2020-51 Page 2 of 3 structures can be placed while still meeting setbacks. The practical difficulties of the lot and the existing house being non-conforming are not caused by the current landowner and are unique to the property. 4. The house would not be encroaching any further into, or building any additions within the side setback; changes will be to the interior or located in areas outside of the 20 foot side setback. The proposed alterations to the house would not therefore be altering the property to an extent that the ‘essential character’ of the neighborhood is impacted. The addition of a second garage may impact the essential character of the neighborhood. While it would not be the only lot on 182nd Street with multiple garages, the presence of other lots with variances being approved for additional accessory structures or lots not conforming to the current requirements for accessory structures does not justify the need to grant the variance. Potential negative impacts to the character of the neighborhood may be moot, or not an issue, since this lot is wooded and a second garage on the site may not be noticeable. Granting the variance to remodel the existing non-conforming house would not alter the essential character of the area. The variance to have an additional accessory structure may not alter the character of the neighborhood due to existing vegetation screening the property from adjacent parcels and the right-of-way. 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 negatively impacted, either, if the requested variances are granted. 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 remodel of the existing nonconforming house exceeds 50% of the appraised value, hence the need for a variance. The remodel and addition would not result in any encroachment closer to the west side property line, nor would there be any encroachments into the required front, east side, or lake setbacks. Maintaining the existing setback from the west property line appears to be a minimum action required to eliminate the practical difficulties of the lot and house being non-conforming. While the lot being nonconforming does limit the amount of accessory space and structures one can have, the code requirement that limits accessory space is intended to prevent lots from having an excessive number of accessory structures, and to help keep lots below the maximum impervious surface coverage of 25%. The second garage appears to be a minimum action, as the lot would remain under the 25% coverage limit. The requested variances appear to be the minimum action required to eliminate the practical difficulty. CC Resolution No.: 2020-51 Page 3 of 3 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 proposed additions and remodel shall not encroach closer to the west side property line than the current house, as shown in the plans submitted to the City of Scandia on November 10, 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 prior to issuance of a building permit, showing any areas of soil disruption, in order to ensure that drainage is not directed to adjacent properties and proper erosion control measures are taken. Any trees being removed and/or added should be noted on the plans or on a separate landscaping plan. 4. Documentation from Washington County that the existing septic system is able to be used, or documentation approving a new system shall be turned in to the city. 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 15th day of December, 2020. _________________________________ Christine Maefsky, Mayor ATTEST: _________________________________ Brenda Eklund, City Clerk