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08.b2c Resolution No. 2021-39 Gunst Variance CITY OF SCANDIA, MINNESOTA CC RESOLUTION NO. 2021-39 DENYING A VARIANCE FOR PARCEL 28.032.20.34.0013 LOCATED AT 19211 MEADOWRIDGE LANE NORTH WHEREAS, Brian Gunst has made an application for a variance to build an addition located 6.8 feet from the north side or rear setback line, on property identified as PID 28.032.20.34.0013; and WHEREAS, the property is legally described as follows: LOT 1, BLOCK 8, TII GAVO, WASHINGTON COUNTY, MINNESOTA; and WHEREAS, the Planning Commission reviewed the request for variances at a duly noticed Public Hearing on September 7, 2021, and recommended that the City Council deny the variances; 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 build an addition at a setback of 6.8 feet from the rear lot line at 19211 Meadowridge Lane North, based on the following findings: 1. The Comprehensive Plan does have an objective in the Land Use section to “conduct 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”. The proposed addition, by extending to the north instead of west on the parcel, would avoid existing wooded areas on the lot. The request appears to be in general harmony with the Comprehensive Plan and Development Code. 2. The current use of the property is for a single-family residence, 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 as noted by the applicant are primarily due to the existing location of the house, which while not being the first choice of the landowner was the eventual location that the house was built at. The difficulties arising from the existing location not allowing for a 34.5 foot deep addition are caused by the landowner. The buildable area on the lot available to the landowner to build on would still permit additions that do not require variances, which is not a unique difficulty. The practical difficulties of the existing house location were caused by the current landowner and are not unique to the property. CC Resolution No.: 2021-39 Page 2 of 2 4. The use and function of the property would remain residential, as is the use of other nearby lots in the area. The addition would be much closer to the rear lot line than nearby homes, though existing trees and vegetation would cut down on the visibility of the addition from the right-of-way or other lots. Granting the variances would not alter the essential character of the area. 5. The practical difficulties are related to the existing location of the house. 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 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. The current location of the house is meeting the required setbacks. The proposed addition could meet setbacks as well if located elsewhere on the lot, or reduced in size. The requested variance is not the minimum action required to eliminate the practical difficulty. 8. The variance is not related to a need for direct sunlight for solar energy systems. Adopted by the Scandia City Council this 21st day of September, 2021. _________________________________ Christine Maefsky, Mayor ATTEST: _________________________________ Ken Cammilleri, City Administrator