5.b PC Resolution 2020-25 - Guinee Variance
CITY OF SCANDIA, MINNESOTA
PC RESOLUTION NO. 2020-25
APPROVING VARIANCE FOR PARCEL 33.032.20.44.0009
LOCATED AT 13110 182ND STREET NORTH
WHEREAS, Kevin and Carla Guinee 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 PLANNING
COMMISSION OF THE CITY OF SCANDIA, WASHINGTON COUNTY,
MINNESOTA, that it should and hereby does recommend that the City Council deny a variance
from the standards for residential accessory structures, and approve a variance to 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
PC Resolution No.: 2020-25
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%. If the lot was
meeting the minimum size (2.5 acres within the Shoreland Overlay), a second
structure would still not be permitted without a variance. An addition to the existing
detached garage could be better considered as a ‘minimum action’, as the property
could then still meet the requirement of having one accessory structure. The
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Page 3 of 3
applicant’s narrative notes a difficulty of having a detached garage in the winter;
adding an attached garage and removing the existing detached garage would allow
one to not need a variance from the current code and would remove the
inconvenience of walking to and from a detached garage in the winter. Wanting to
have both a detached and attached garage on a parcel of this size would be better
addressed through an amendment to the code than through a variance. The requested
variance for the house is the minimum action required to eliminate the practical
difficulty. The requested variance allowing for an additional accessory structure does
not appear to be the minimum request necessary.
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.
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 Planning Commission this 1st day of December, 2020.
_________________________________
Dan Squyres, Chair
ATTEST:
_________________________________
Ken Cammilleri, City Administrator