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08.b2c Resolution 2021-36 Kenning-Furey Variance CITY OF SCANDIA, MINNESOTA CC RESOLUTION NO. 2021-36 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 CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does approve a variance to add onto an existing deck up to a distance of 32’10” from the OHWL; a variance of 68’2” from the required 100’ 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 patio located 32’10” from the OHWL of the lake. 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. 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. CC Resolution No.: 2021-36 Page 2 of 3 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 33.2 feet from the OHWL, while the existing patio setback is 32 feet 10 inches. The minimal request would be to not extend closer to the lake than the existing patio, unlike the requested setback of 29 feet ¼ inches. 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 have a minimum setback of 32 feet, 10 inches from the OHWL of Bone Lake. 2. The applicant shall secure any applicable permits from the Watershed District, and comply with their requirements. 3. Grading plans, landscaping plans, and erosion control plans shall be submitted to the City for review prior to issuance of a building permit, showing any areas of soil disruption and locations of any trees to be removed and proposed landscaping, 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. CC Resolution No.: 2021-36 Page 3 of 3 Adopted by the Scandia Planning Commission this 17th day of August, 2021. _________________________________ Christine Maefsky, Mayor ATTEST: _________________________________ Ken Cammilleri, City Administrator Motion for adoption: Seconded by: Voted in favor: Voted against: Abstained: Absent: