08.b 2) 2021-34 Potter Variance CC Resolution
CITY OF SCANDIA, MINNESOTA
CC RESOLUTION NO. 2021-34
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 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 based on the revised plans submitted by the applicant on June 2, 2021:
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 are added so as 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. The current use is able to
continue without needing a variance issued. Proposing to continue to use the property
for residential use is a reasonable use of the property.
3. The proposed intrusion into the east side setback for stairs and an 4’ by 10’ addition
onto the deck is proposed so as to avoid placing further encroachment into the lake
side setback. The house is currently within two required setbacks, and has only one
egress on the main level. The lot is nonconforming, as it does not meet minimum size
CC Resolution No.: 2021-34
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or buildable area. The practical difficulties are due to the lot and house being
nonconforming, and lacking a second egress. These difficulties were not created by
the landlord, 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. Due to the existing location, any such additions will be located within a
setback from the lake or a property line. Given the location of structures on other
properties nearby, it is unlikely this proposed addition 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 not only economic in nature.
6. The requested variance for the proposed deck addition with stairs 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 from
the lake and east side property line, which results in any addition to the deck needing
a variance. The proposed request would not encroach closer to the lake, while
encroaching four feet towards the east property line within the side yard setback.
Without making the stairs narrower than permitted for building code requirements,
the request appears to be the minimum action necessary to provide a second egress.
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 revised plans received July 2, 2021, and 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. The applicant shall secure any other applicable Federal, State, County, and local
permits required for the project.
5. The applicant shall pay all fees and escrows associated with this application.
Adopted by the Scandia City Council this 20th day of July, 2021.
CC Resolution No.: 2021-34
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_________________________________
Christine Maefsky, Mayor
ATTEST:
_________________________________
Ken Cammilleri, City Administrator