07. Resolution 2021-31 Potter Variance Denial
CITY OF SCANDIA, MINNESOTA
CC RESOLUTION NO. 2021-31
DENYING 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 deny 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.’ Further encroachment into the side and rear yard
may adversely impact drainage ways and will reduce setback area that would
otherwise serve as pervious surface area for water recharge. Therefore, this request is
not consistent with the Comprehensive Plan.
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. The current use is able to
continue without needing a variance issued. Proposing to continue to use the property
for residential use is reasonable, however, the requested variances to add onto an
existing deck and encroach into two required setbacks do not present a practical
difficulty in the continuation of the existing use.
CC Resolution No.: 2021-31
Page 2 of 2
3. The proposed intrusion into the east side setback is proposed on aesthetic grounds so
as to avoid placing stairs on the north side of the house near and in front of existing
windows does not present a practical difficulty unique to the property.
4. The requested variances do not reflect the minimum actions required to address the
practical difficulty of a second egress. An additional egress at grade would not
require additional variances or would require a variance which would reduce
encroachment into setbacks will less impact on shoreland, drainage, and pervious
surface area.
Adopted by the Scandia City Council this 7th day of July, 2021.
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Christine Maefsky, Mayor
ATTEST:
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Ken Cammilleri, City Administrator