08.b1 Resolution No. 2022-22 Markgraf Variance
CITY OF SCANDIA, MINNESOTA
CC RESOLUTION NO. 2022-22
APPROVING VARIANCE FOR PARCEL 05.032.20.21.0014
LOCATED AT 23820 LOFTON AVENUE NORTH
WHEREAS, Gary Markgraf has made an application for a variance to construct a
detached accessory structure located within the required setback from a major collector road and
a Manage 1 wetland, on property identified as Parcel ID 05.032.20.21.0014; and
WHEREAS, the property is legally described as follows:
SHADY OAKS LOT 4 BLOCK 2 & LOT 5; and
WHEREAS, the Planning Commission reviewed the request for variances at a duly
noticed Public Hearing on June 7, 2022, and recommended that the City Council approve the
variances with conditions;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it hereby does approve of an
39 foot variance request from the minimum 75 foot setback from a Manage 1 wetland & an 8
foot variance from the minimum 50 foot setback from a ‘Major Collector’ road, in order to
construct a detached accessory structure, located at 23820 Lofton Avenue North, based on the
following findings:
1. The 2040 Comprehensive Plan identifies Lofton Avenue as a ‘major collector’ road;
which requires a greater setback (50 feet) than what is required from local township
roads (40 feet). The Plan also notes 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, shore lands, and flood plain
areas”. Existing structures and improvements on the lot have previously been
permitted to encroach into either the front setback, the wetland setback, or both. The
city should discuss if the request is in general harmony with the Comprehensive Plan
and Development Code.
2. The current use of the property is for single family 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 the limited amount of land not located within
required setbacks. A large wetland occupies much of the lot, and as a result of being a
Manage 1 wetland, a 75 foot setback is required from its edge. The front setback is
required to be 50 feet, due to the functional classification of Lofton Avenue as ‘major
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collector’. Based on the location of the wetland, these two setbacks overlap on much
of the lot. Other portions of the site are either occupied by utilities (septic and well),
existing structures, or are within setbacks from other property lines. The practical
difficulties are not caused by the current landowner and are unique to the property.
4. The use and function of the property would remain residential. Apart from some
houses to the north of the applicant, most land nearby is either park, lake, wetlands, or
undeveloped. Granting the variances should not alter the essential character of the
area. The city should discuss the potential impact of any trees being removed as a part
of the project.
5. The practical difficulties are related to the limited amount of buildable land located
outside of required setbacks. 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. Most of the parcel is located within either the setback from the wetland, or the
setback from the right-of-way for Lofton Avenue. Apart from shrinking the size of
the requested structure, it is hard to find a location on the property that would
encroach less into a required setback. The requested variance appears to be the
minimum action required to eliminate the practical difficulty of the lot lacking
buildable areas outside required setbacks.
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 project shall be setback a minimum of 36 feet from the wetland, and 42
feet from the right-of-way, as shown on the site plans 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 building permit, showing any areas of soil disruption and
locations of any trees to be removed, in order to ensure proper erosion control
measures are taken. Grading limits/elevations shall be identified, including the low
floor opening of the proposed detached accessory building.
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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.
Adopted by the Scandia City Council this 21st day of June, 2022.
_________________________________
Christine Maefsky, Mayor
ATTEST:
_________________________________
Ken Cammilleri, City Administrator