6.c PC Resolution 2021-14 Kenning-Furey Variance
CITY OF SCANDIA, MINNESOTA
PC RESOLUTION NO. 2021-14
APPROVING A VARIANCE FOR PARCEL 05.032.20.42.0008
LOCATED AT 23375 LOFTON AVENUE NORTH
WHEREAS, Alissa Pier, on behalf of the owners Tom Furey and Mary Kenning, has
made an application for a variance to add onto a deck located within the required setback from
Bone Lake, on property identified as PID 05.032.20.42.0008; and
WHEREAS, the property is legally described as follows:
LOT 1 AND THE NORTH 25 FEET OF LOT 2 SANDGREN ADDITION; and
WHEREAS, the Planning Commission reviewed the request for variances at a duly
noticed Public Hearing on August 3, 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 a
variance to add onto a deck located within the required setback from Bone Lake, at 23375 Lofton
Avenue North, based on the following findings:
1. The Comprehensive Plan prioritizes environmental stewardship on lakeside lots. The
new deck, while encroaching closer to the lake than the existing, would be no closer
than the existing retaining walls located on the site. The deck would be designed to
better blend in with existing and proposed vegetation so as to improve the viewshed
of the shoreline from the lake. By not encroaching past the location of the current
retaining walls, the request appears to be in general harmony with the Comprehensive
Plan and Development Code.
2. The current use of the property is residential, which would not change if this variance
request is approved. Proposing to continue to use the property for residential use is a
reasonable use.
3. The practical difficulties are due to most of the parcel being located within the
required setback from the lake. The existing house and deck are both located within
the required setback from the lake; the property received variances in the past to build
to the current extent, though these were issued prior to the current owner acquiring
the property. While nonconforming lots are not very uncommon, the subject property
is uniquely limited in the amount of buildable space it has. The practical difficulties
were not caused by the current landowner and are unique to the property.
PC Resolution No.: 2021-14
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4. The use and function of the property would remain as it is currently. The applicant
proposes adding landscaping to screen the deck from view from the lake. Granting the
variances would not alter the essential character of the area.
5. The practical difficulties are related to the limited amount of land located outside of
required setbacks. The practical difficulties are not only economic in nature.
6. Granting the requested variance would not result in limiting light or air to
neighboring properties. The land use will not change, so increases to congestion, fire
danger, or public safety are not expected. The property values of neighboring values
should not be negatively impacted, either, if the request is granted. The requested
variance 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. Most of the property is located within the required 100 foot setback from the lake,
hence the need for a variance. The existing deck is 33.83 feet from the OHWL, while
the proposed setback would be 29.25 feet. The request would not extend past the
existing retaining walls. The impervious surface coverage would change by just over
120 square feet, though the lot would still remain under the impervious surface
threshold. The requested variance appears to be the minimum action required to
eliminate the practical difficulty of the lot lacking space outside of required setbacks.
Conditions can be added to ensure it is the minimum action 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 improvements shall follow the setbacks from the OHWL of Bone Lake
as shown on the site plan submitted to the city and reviewed with this request.
2. The applicant shall secure any applicable permits from the 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 septic permit, showing any areas of soil disruption and locations of any
trees to be removed and added, in order to ensure that drainage is not directed to
adjacent properties and 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.
PC Resolution No.: 2021-14
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Adopted by the Scandia Planning Commission this 3rd day of August, 2021.
_________________________________
Travis Loeffler, Chair
ATTEST:
_________________________________
Ken Cammilleri, City Administrator