08.b 2 2021.12.21 - Bruggeman Variance CC Resolution - Approve (old)
CITY OF SCANDIA, MINNESOTA
CC RESOLUTION NO. 2021-54
APPROVE A VARIANCE FOR PARCELS 29.032.20.32.0011 AND 29.032.20.32.0010
LOCATED AT 19489 MANNING TRAIL NORTH
WHEREAS, Paul Bruggeman, on behalf of the owners Pat and Brenda Melchior, has
made an application for variances from lot size and road frontage requirements for construction
of a single-family dwelling on a non-conforming lot, a 29.4 foot variance from the 75 foot
wetland setback, a 22.3 foot variance from the 100 foot setback from Big Marine Lake, and a 5.2
foot variance from the 20 foot side yard setback in order to build an Accessory Dwelling Unit on
property identified as 19489 Manning Trail North; and
WHEREAS, the property is legally described as follows:
See Attachment A; and
WHEREAS, the Planning Commission reviewed the request for variances at a duly
noticed Public Hearing on December 7, 2021, and recommended that the City Council approve 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 approve the requested variances, based on the following findings:
1. The Comprehensive Plan has goals relating to land use and housing within the city.
The plan supports allowing for ‘a variety of housing types and densities for
residential uses’. The proposed house would be a year-round residence, which would
be a change from the current use of the property. The property is within a zoning
district that permits single-family residential use. By changing the use from a
seasonal residence to a year-round residence for this site, the request would be in
harmony with the Comprehensive Plan and Development Code.
2. The current use of the property is for a seasonal residence, which would be changed
to a year-round single-family residence along with an Accessory Dwelling Unit if the
proposed variances are approved. The property is within the General Rural (GR)
zoning district, which permits single-family residences. Proposing to use the property
for residential use is a reasonable use. The property does not front a public street, but
does have access through a private driveway. Use of the private drive for access is
reasonable provided conditions are added to ensure compliance with the official
controls.
3. The practical difficulties are due to the parcel not meeting the minimum size, not
fronting a public street, and the existing structures on-site being built prior to the
CC Resolution No.: ______
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current ordinances. While lots not conforming to lot size aren’t uncommon near Big
Marine Lake, the subject property is unique in having been developed without
frontage onto a public road. The Development Code currently prohibits private
streets; under the current requirements for a subdivision a lot would not be able to be
platted without frontage onto a public street. The practical difficulties were not
caused by the current landowner and are unique to the property.
4. The use and function of the property would be changing from its current use. The site
has historically been used for seasonal use only. While the use would be changing, it
would remain residential in nature, which is permitted within this zoning district.
Granting the variances would not alter the essential character of the area.
5. The practical difficulties are related to the parcel not meeting the minimum lot size,
not fronting a public street, and the existing structures on-site being built prior to the
current ordinances. The applicant could alleviate the frontage issue by upgrading the
access drive to the same standards and design of a public street, though the potential
environmental impacts of such work would be high. 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 would be changing to a year-round residence,
which given the access is through a private driveway in lieu of an improved public
street, could result in congestion and safety issues accessing the site. The applicant
would need to adhere to conditions from the city to ensure the driveway is sufficiently
a. The property values of neighboring values should not be negatively impacted, if the
request is granted. The requested variance will not impair the supply of light or air to
adjacent properties, or substantially diminish or impair property values in the
neighborhood. Conditions should be added to alleviate issues with safety and
accessibility to the site.
7. The existing cabin to be used as an ADU is within setbacks of the lake, wetlands, and
the side property line, hence the need for a variance. The structure could be moved
further away from the lot line, wetland, and lake and not need as great of variances,
thought the slopes on the lot and proposed location of the single-family house greatly
limit areas that would not require any setback variance for the ADU. The lot, while
nonconforming to lot size, does exceed 66% of the dimensional standard for lot size,
and provides suitable locations for septic on the site. Apart from frontage onto a
public road, the lot would meet the requirements of Section 13.5 of Chapter One of
the Development Code. The applicant would need to adhere to conditions of approval
to ensure the private driveway sufficiently provides ingress and egress to the site. The
requested variance to the setbacks for the ADU and the minimum lot size appear to be
the minimum action required to eliminate the practical difficulties of the site. The
lack of fronting a public road would be the minimum action if conditions of approval
are met.
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FURTHER BE IT RESOLVED that the following conditions of approval shall be met:
1. The proposed project shall adhere to the setbacks and locations as shown on the site
plan submitted to the city and reviewed with this request.
2. The applicant shall apply for and acquire a permit from the city for the Accessory
Dwelling Unit upon approval of the variance request.
3. The applicant shall secure any applicable permits from the Watershed District, and
comply with their requirements.
4. The applicant shall secure any applicable permits from the County for the proposed
septic system on-site, and shall comply with their requirements.
5. The two parcels (PIDs 29.032.20.32.0011 and 29.032.20.32.0010) shall be combined
into one parcel via a Lot Line Adjustment.
6. The access to the site shall follow recommendations from the Fire Department and City
Engineer to ensure sufficient ingress and egress to the site. Requirements specified by
the Fire Chief are:
a. The entire length of the driveway would need to be cleared of brush and trees
to a width of 12 feet.
b. Any curves will need to accommodate a 40 foot fire truck.
c. Driving surfaces will need to be 9 feet wide at minimum.
d. A turnaround will need to be located within close proximity to the new home.
e. Portions of the driveway will need to be raised with rock and gravel to improve
year-round use.
7. 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 and locations of
any trees to be removed or added, in order to ensure that drainage is not directed to
adjacent properties and proper erosion control measures are taken. Plans should include
grading limits/elevations that don’t negatively impact the adjacent properties from
direct drainage off of the site.
8. The new residence shall follow proper posting and signing of the site address, as
required by city ordinances.
9. The applicant shall secure any other applicable Federal, State, County, and local
permits required for the project.
10. The applicant shall pay all fees and escrows associated with this application.
CC Resolution No.: ______
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Adopted by the Scandia City Council this 21st day of December, 2021.
_________________________________
Christine Maefsky, Mayor
ATTEST:
_________________________________
Ken Cammilleri, City Administrator
CC Resolution No.: ______
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ATTACHMENT A
ALL THAT PART OF LOT 7 OF SECTION 29, TOWNSHIP 32 NORTH, RANGE 20 WEST, DESCRIBED AS
FOLLOWS, TO WIT: COMMENCING AT A POINT IN THE NORTH LINE OF SAID LOT 7, 1364.00 FEET
EAST OF THE NORTHWEST CORNER THEREOF; THENCE SOUTH 150.00 FEET; THENCE SOUTH 27
DEGREES 30 MINUTES 00 SECONDS WEST, 190.00 FEET TO THE INITIAL POINT OF BEGINNING OF
THE LAND TO BE DESCRIBED; THENCE TO THE RIGHT ALONG THE CIRCUMFERENCE OF A CURVE
WITH A RADIUS OF 45.50 FEET, A DISTANCE OF 104.43 FEET; THENCE NORTH 21 DEGREES WEST
167.60 FEET; THENCE SOUTH 68 DEGREES WEST 54.5 FEET; THENCE SOUTH 4 DEGREES 20 MINUTES
EAST 179.00 FEET; THENCE SOUTH 4 DEGREES 30 MINUTES WEST 177.00 FEET; THENCE SOUTRH 10
DEGREES 40 MINUTES EAST 84 FEET TO THE SHORE OF BIG LAKE; THENCE NORTHEASTERLY
ALONG THE SHORE 356.00 FEET, MORE OR LESS, TO A POINT WHICH BEARS SOUTH 44 DEGREES 15
MINUTES EAST FROM THE POINT OF BEGINNING; THENCE NORTHWESTERLY TO THE POINT OF
BEGINNING.
ALL THAT PART OF LOT 7, IN SECTION 29, TOWNSHIP 32 NORTH, RANGE 20 WEST, DESCRIBED AS
FOLLOWS: TO-WIT: BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT 7, 1364.00 FEET
EAST OF THE NORTHWEST CORNER THEREOF; THENCE SOUTH 150.00 FEET TO A POINT; THENCE
SOUTH 27 DEGREES 30 MINUTES WEST 190.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL
OF LAND HEREBY CONVEYED; THENCE SOUTH 44 DEGREES 15 MINUTES EAST 176.00 FEET TO THE
SHORE OF BIG LAKE; THENCE NORTHEASTERLY ALONG SAID SHORE 64.10 FEET TO A POINT;
THENCE NORTH 49 DEGREES WEST 198.60 FEET TO A POINT; THENCE SOUTH 27 DEGREES 30
MINUTES WEST 50.00 FEET TO THE POINT OF BEGINNING.