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08.b 2 2021.12.21 - Bruggeman Variance CC Resolution - Deny CITY OF SCANDIA, MINNESOTA CC RESOLUTION NO. _____ DENY VARIANCES 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; and, 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 all the requested 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 the requested variances, based on the following findings: The City of Scandia’s 2040 Comprehensive Plan has specific goals relating to land use. Goal Two in the Land Use section is to “manage land use to prevent the premature demand for extension of urban services and in ways that allow existing service levels to meet service needs”. The proposed house would be a year-round residence. Allowing a year-round residence to be built on the property could lead to a premature demand for municipal infrastructure to serve this area of the city, which would conflict with Chapter 3, Section 5 of the Development Code. By creating a year-round residence on this isolated site, the request may not be in harmony with the Comprehensive Plan and Development Code. Chapter One, Section 13.5(1)(D) of the Development Code notes a nonconforming lot must have access onto a public street or approved private road. Proposing to use the property for a residential use is a reasonable use. Allowing a nonconforming lot to be used when not having access onto a public street is not a reasonable use; accordingly, the property owner does not propose to use the property in a reasonable manner.. Chapter One of the Development Code. 13.5(D) notes “The lot has frontage and access on an improved public street or an approved private road. To be considered an approved private road, the City Council must, by resolution, find that the road is capable of supporting emergency vehicles and that provisions exist for on-going maintenance of the road”. The Council finds it is not in the City’s interest to approve a substandard private road for the sole benefit of transforming a single seasonal property into a year-round residence. Allowing a year-round residence to be permitted in this location could lead to further development of year-round residences near this location as well. Granting the variances would thereby alter the essential character of the area. The parcel does not meet the minimum lot size and does nota public street. Further, the existing structures on-site were built prior to the current ordinances. Accordingly, the property owner’s plight is unique to the circumstances of the property, not of the property owner’s creation. . 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 with only one travel lane, could result in congestion issues entering and existing the site. Having only a one-lane private driveway for access could create issues with emergency accessibility in winter months. 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. Not having frontage to an improved public street could result in issues with safety and accessibility to the site. The existing cabin proposed to be used as an ADU is within setbacks of the lake, wetlands, and the side property line, hence the need for setbackvariances. 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. The lot, while nonconforming to lot size, does exceed 66% of the dimensional standard for lot size, and provides a suitable location for septic on the site. Adopted by the Scandia City Council this 21st day of December, 2021. _________________________________ Christine Maefsky, Mayor ATTEST: _________________________________ Ken Cammilleri, City Administrator 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.