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6c. PC Resolution No. 2021-03 Smith Variance CITY OF SCANDIA, MINNESOTA PC RESOLUTION NO. 2021-03 APPROVING VARIANCES FOR PARCEL 19.032.19.43.0002 LOCATED AT 20033 QUINNELL AVE NORTH WHEREAS, Craig Smith and Merritt Clapp-Smith have made an application for Variances from the standards for accessory dwelling units, raising the roofline of a substandard structure, and altering a nonconforming structure, in order to add onto and alter an existing cabin on property identified as PID 19.032.19.43.0002; and WHEREAS, the property is legally described as follows: PT GOV LOT 8 & 193219 PT OF SE1/4 OF SW1/4 ALL THAT PART OF GOV LOT 8 & THE SE1/4 OF SW1/4 SEC19 T32R19 COM AT THE 1/4 SEC COR ON THE S LINE OF SD SEC 19 THENCE W ON SD S LINE 162.70 FT TO THE ELY LINE OF THE PT DOUGLAS & TAYLORS FALLS RD THENCE N12DEG.E ON SD ELY LINE 272.40 FT THENCE S70DEG.20'E 112.90 FT THENCE N46DEG.55'E 80.33 FT THENCE N25DEG.30'E 72.10 FT THENCE N62DEG.44'E 64.50 FT THENCE N43DEG.39'E 87.60 FT THENCE N83DEG. 18'E 186.10FT THENCE S66DEG.44' E 294.53 FT THENCE S 87DEG.47'E 176.10 FT THENCE N84DEG.33'E TO THE WLY BANK OF THE ST CROIX RIVER THENCE SLY ON SD WLY BANK TO ITS INTERSECTION WITH THE S LINE OF SD SEC 19 MONUMENTED THENCE WLY ON SD S LINE TO A PT WHICH IS 607.98 FT ELY OF THE SD 1/4 SEC COR OF SD SEC 19 MEASURED ON SD MONUMENTED LINE THENCE S72DEG.01'W 170.77 FT THENCE S89DEG.06'W 443.76 FT TO THE PLACE OF BEG SECTION 19 TOWNSHIP 032 RANGE 019 WHEREAS, the Planning Commission reviewed the request for Variances at a duly noticed Public Hearing on April 6, 2021, 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 approve variances from the standards for accessory dwelling units, raising the roofline of a substandard structure, and altering a nonconforming structure, in order to add onto and alter an existing cabin at 20033 Quinnell Ave North, based on the following findings: 1. The Comprehensive Plan notes that viewsheds (views from the river) should be considered and protected with regards to structures in the St Croix River overlay district. The proposed alterations to the cabin would not encroach further down the bluff or towards the river, nor would the proposed project interfere with scenic views PC Resolution No.: 2021-03 Page 2 of 3 from the river or impact the use of the river. The proposed plans are in general harmony with the Comprehensive Plan and Development Code. 2. This property is in the AG C zoning district, which is guided for agriculture and single-family residential use. These uses are also permitted within the overlay district. Keeping the property for residential use is a reasonable use in this District. 3. The practical difficulties are a result of the cabin being located past a bluffline. The structure was built prior to the current regulations being adopted requiring such setbacks. The bluffline is not manmade; they are naturally occurring and are not uncommon along the St Croix River. The locations and extent of bluffs can vary from lot to lot, though. The practical difficulties of the lot being non-conforming are not caused by the current landowner and are unique to the property. 4. The proposed project would be hard to notice from other properties or the right-of- way. The use of the property would not change, as it would remain single-family residential. The cabin would be able to be used in the winter after the proposed improvements are made; the increase in usage would not create a negative impact to the surrounding area. The raised roof would not impact scenic views from the river, or impact the usage of the river way. Granting the variance requests would not alter the essential character of the area. 5. The practical difficulties are related to the existing cabin not conforming to the setback from a bluffline 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, 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. Apart from physically moving the structure, it does not appear there is not a ‘more minimal’ action that could be taken to eliminate the difficulty of the cabin not meeting the setback from the bluffline. The requested variance 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. FURTHER BE IT RESOLVED that the following conditions of approval shall be met: 1. The proposed alterations to the existing cabin shall follow the setbacks indicated on the survey reviewed with this request. PC Resolution No.: 2021-03 Page 3 of 3 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 proper erosion control measures are taken. 4. Documentation from Washington County approving a new septic system, or confirming the current septic system is able to remain in use. 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 6th day of April, 2021. _________________________________ Travis Loeffler, Chair ATTEST: _________________________________ Ken Cammilleri, City Administrator