08.b2c Resolution No. 2021-26 Potter Variance
CITY OF SCANDIA, MINNESOTA
CC RESOLUTION NO. 2021-26
APPROVING VARIANCES FOR PARCEL 33.032.20.44.0004
LOCATED AT 13260 182ND STREET NORTH
WHEREAS, Daniel and Melissa Potter have made an application for a variance to
construct an addition onto an existing deck within the lakeside and east side setback yard, 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 a Variance at a duly
noticed Public Hearing on May 4, 2021, and on June 1, 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 construct an addition onto an existing deck located within
the lakeside and east side yard setback at 13260 182nd Street North, based on the following
findings:
1. Due to its existing location, any additions to the deck will require a variance.
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’. Conditions of approval can be added to ensure the
request is in general harmony with the Comprehensive Plan and Development Code.
2. The current use of the property is single-family residential, which would not change if
the 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 current regulations
were adopted, as was the existing house. The practical difficulties of the lot being
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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. 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 the
proposed additions would alter the character of the neighborhood. The proposed
addition to the deck 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. The existing deck and house are nonconforming to current setback requirements,
which result in any addition to the deck 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 variances for the addition onto the existing deck appear to
be the minimum actions required. The requested variances for the addition onto the
existing deck appear to be the minimum actions required.
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 to the deck shall follow the dimensions and setbacks indicated
on the survey and plans 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.
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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 June, 2021.
_________________________________
Christine Maefsky, Mayor
ATTEST:
_________________________________
Ken Cammilleri, City Administrator