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8.b1c Resolution No. 2021-12 Boncher Variance CITY OF SCANDIA, MINNESOTA CC RESOLUTION NO. 2021-12 APPROVING VARIANCE FOR PARCEL 33.032.20.44.0015 LOCATED AT 13160 182ND STREET NORTH WHEREAS, Tim Boncher, on behalf of property owners Dana and James Tonrey who have provided their approval and consent, has made an application for a Variance to allow for construction of a single-family house on a nonconforming lot on property identified as PID 33.032.20.44.0015; and WHEREAS, the property is legally described as follows: LOT 3, EXCEPT THE EAST 20 THEREOF IN BIG LAKE VIEW ADDITION 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 CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does approve a variance to allow for construction of a single-family house on a nonconforming lot at 13160 182nd Street North, based on the following findings: 1. The proposed house is not encroaching into the required setbacks from the lake, or any other required setback. The impervious surface coverage of the lot would not exceed the limits in the Development Code. While portions of the house are on a slope, the grade is within what is allowed to be built on. 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 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 not meeting the minimum requirements of the Development Code. The lot does not meet the minimum lot size, or buildable area (1 acre) requirements of the GR zoning district or the Shoreland Overlay. This lot was legally created before the current owners acquired it, so the substandard size is not caused by the landowner. The practical difficulties of the lot being non-conforming are not caused by the current landowner and are unique to the property. 4. Lots nearby are small in size and used for single-family housing; this lot would not stand out if approved. The house would not be encroaching into any required CC Resolution No.: 2021-12 Page 2 of 3 setbacks, unlike many nearby properties. Granting the variance would not alter the essential character of the area. 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 go from vacant to 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. It does not appear there is a ‘more minimal’ action that could be taken to eliminate the difficulty of the lot being substandard. If the lot was meeting the minimum size (2.5 acres within the Shoreland Overlay), a variance would not be needed, as the house is proposed to be within the buildable area of the lot. The difficulty (the lot being less than the minimum size) is unable to be resolved without acquiring more land. Without additional land, the only option for the applicant is requesting this variance. 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. CC Resolution No.: 2021-12 Page 3 of 3 FURTHER BE IT RESOLVED that the following conditions of approval shall be met: 1. The applicant shall secure applicable permits from the Carnelian Marine St. Croix Watershed District, and comply with their requirements. 2. 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. 3. Documentation from Washington County approving a septic system shall be turned in to the city prior to issuance of a building permit. 4. A driveway access permit shall be acquired from 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 20th day of April, 2021. ______________________________ Christine Maefsky, Mayor ATTEST: Ken Cammilleri, Administrator