5.c PC Resolution No. 2021-06 Potter Variance
CITY OF SCANDIA, MINNESOTA
PC RESOLUTION NO. 2021-06
APPROVING VARIANCE FOR PARCEL 33.032.20.44.0004
LOCATED AT 13260 182ND STREET NORTH
WHEREAS, Daniel and Melissa Potter have made an application for variances to exceed
the requirements for residential accessory structures, construct a detached garage within the front
and west side yard setbacks, construct a septic system within the west side yard setback,
construct a deck and stairs within the lake side setback, and to have an impervious surface
coverage for the lot exceed 25%, on property identified as PID 33.032.20.44.0004; and
WHEREAS, the property is legally described as follows:
BIG LAKE VIEW THE WEST 50 FEET OF LOT 1 AND THE EAST 30 FEET OF LOT
2 NEW SCANDIA TOWNSHIP
WHEREAS, the Planning Commission reviewed the request for Variances at a duly
noticed Public Hearing on May 4, 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 to exceed the requirements for residential accessory structures, construct a detached
garage within the front and west side yard setbacks, construct a septic system within the west
side yard setback, construct a deck and stairs within the lake side setback, and to have an
impervious surface coverage for the lot exceed 25% at 13260 182nd Street North, based on the
following findings:
1. Due to its existing location, any additions to the deck require a variance. The
proposed new septic system would meet all other requirements, apart from the 20 foot
setback from the side property line. The proposed garage would exceed the current
requirements of the Development Code. Combined, the proposed improvements
would exceed the maximum threshold of impervious surfaces on one lot. The project
would require extensive work to mitigate issues with drainage, stormwater, and
erosion control. Conditions for approval should be considered to meet the
Comprehensive Plan land use objective of ‘conducting development in a manner that
is sensitive to the impact upon natural features and to environmental constraints,
including but not limited to scenic views, surface water, wetlands, slopes, woodlands,
vegetation, drainage ways, shorelands, and flood plain areas’. The Planning
Commission should have conditions of approval to ensure the request is in general
harmony with the Comprehensive Plan and Development Code.
PC Resolution No.: 2021-06
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2. The current use of the property is single-family residential, which would not change if
these variance requests are approved. The property is in the GR and Shoreland
overlay zoning districts, which permit single-family residential use. Proposing to
continue to use the property for residential use is a reasonable use.
3. The practical difficulties are due to the lot and house being nonconforming. The lot
itself does not meet the minimum lot size, or buildable area (1 acre) requirements of
the underlying zoning district and the overlay. These nonconformities were not
created by the landowner. This lot was legally created long before the current
regulations were adopted, as was the house. 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 variances would be for an addition to an existing deck, a new detached
garage, a new septic system, and exceeding the impervious surface coverage of the
lot. The new septic system would be necessary to meet modern standards, and would
not differ from systems found throughout the area. The use and function of the
property would remain residential, as is the use of other nearby lots in the area. The
additions to the existing deck on the house are small. Due to the existing location, any
such changes will be located within a setback area. It is unlikely these additions
would alter the character of the neighborhood. As a result of the placement of the
septic system, the new detached garage would be located within the front setback
area. This location is already occupied by an existing small shed. Replacing the small
shed with a detached garage may stand out, but would not be abnormal, as some
developed lakeside lots have detached accessory structures located in or near the front
setback. Having a high percentage of the lot as impervious surface areas is an issue
that will require proper work be done to prevent runoff from impacting other
properties. Without proper mitigation, runoff can cause issues that would alter the
character of the area. The Planning Commission should have conditions of approval
to ensure the request would not alter the essential character of the area.
5. The practical difficulties are related to the existing structure not meeting the current
setbacks required by the code, and the existing lot being nonconforming. 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 still be 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. Given the size of the lot, and the location of the house, it would be hard to find an
acceptable location for the new septic system that isn’t within a setback area. It would
PC Resolution No.: 2021-06
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appear the proposed location is the most minimal action required. The existing deck
and house are nonconforming to current setback requirements, which result in any
addition needing a variance. The proposed addition of the deck to extend out and
have stairs is not a large addition. A reduced intrusion into the lake setback could be
made, though any other locations for stairs off the deck would likely trade an
intrusion into the side setback for a further intrusion into the lake setback. The
requested variance for the detached accessory structure to be within the front yard
setback is due to the location of the proposed septic system. Apart from reducing the
size of the structure, there are few alternative actions that would be more minimal. A
reduction in the size of the structure would be a more minimal action in regards to the
impervious surface area of the lot, though, along with reducing the length of the
driveway. The requested variance for the septic system is the minimum action
required to eliminate the practical difficulty. The requested variances for the addition
onto the existing deck appear to be the minimum actions required. The variances
requested for the detached accessory structure and the impervious surface coverage of
the lot could be reduced if changes to the current site plan are made.
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 improvements to the property shall follow the setbacks indicated on the
survey reviewed with 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 proper erosion control measures are taken.
4. Documentation from Washington County approving a new septic system shall be
turned into 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.
PC Resolution No.: 2021-06
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Adopted by the Scandia Planning Commission this 4th day of May, 2021.
_________________________________
Travis Loeffler, Chair
ATTEST:
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Ken Cammilleri, City Administrator