08.b1 Resolution No. 2022-39 Paulsen Variance
CITY OF SCANDIA, MINNESOTA
PC RESOLUTION NO. 2022-39
APPROVING A VARIANCE FOR 18558 LANGLY AVENUE NORTH
WHEREAS, Richard W. Paulsen, on behalf of and with consent of property owner Richard G.
Paulsen, has made an application for variances to build a house, driveway, and septic tanks within the
setback required from a Manage 2 wetland on a non-conforming lot, on property identified as PID
31.032.20.14.0114; and
WHEREAS, the property is legally described as follows:
LOTS 5 THROUGH 8, BLOCK 3, BLISS PLAT 1ST DIVISION; and
WHEREAS, the Planning Commission reviewed the request for variances at a duly noticed Public
Hearing on November 1, 2022, and recommended that the City Council approve the variances with
conditions;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE PLANNING COMMISSION
OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby
does recommend that the City Council approval of variances to build a house, driveway, and septic tanks
within the setback required from a Manage 2 wetland on a non-conforming lot, on property identified as
PID 31.032.20.14.0114, based on the following findings:
1. The Comprehensive Plan has 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 small size of
the lot, and locations of the wetland and slopes on the site greatly limit where one can build.
The proposal by the applicant is to place the structure near the south side setback line, though
the wetland setback still covers most of the proposed development. The proposed
development appears to be in harmony with the Comprehensive Plan and the official controls.
Conditions of approval can be added in order to ensure the project does not negatively impact
the existing natural features of the site, such as a tree preservation and replacement plan, or a
reduction in encroachment into required setbacks from the wetland.
2. The owner is proposing to construct a single family house on the site, which is a common use
in this portion of the city and permitted within the GR and Shoreland Overlay zones.
Proposing to continue to use the property for single family residential use is a reasonable use.
3. The practical difficulties are due to the wetland on the site placing most of the land within the
required wetland setback, and the property not conforming to minimum size requirements.
The proposed house would be placed up to the side setback required under the Development
Code; shifting it further from the wetland would therefore encroach into another required
setback. The practical difficulties of the site were not caused by the current landowner and
are unique to the property.
PC Resolution No.: 2022-39
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4. The use and function of the property would be single family residential; other parcels nearby
are also occupied by homes and seasonal cabins. Unlike many existing developed lots, this
proposal would meet the required side yard and front yard setbacks; the presence of the
wetland is unique compared to most lots nearby. Granting the variances for the proposed
development would not alter the essential character of the area.
5. The practical difficulties are related to the size of the property and 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 go from vacant lot to single family residential, 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 setback from the wetland located on the
site; without a variance from those setback requirements, it would be difficult to use the lot.
Conditions could be added to ensure the request is the minimum action required, such as a
reduction in footprint of the structure, or requiring the house and driveway be shifted south
on the lot in order to encroach less into the 50 foot setback. While this would require a
variance under the Development Code, it would be permitted under the recently adopted
UDC. The septic tanks have a 75 foot setback required from the wetland; the areas outside of
this are either slopes or areas where the house/driveway would sit. The requested variances
appear to be the minimum actions required to eliminate the practical difficulties of the lot.
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 remodel project shall adhere to the proposed setbacks from the wetland, as
indicated on the submitted plans.
2. Any contiguous, nonconforming parcels under same ownership shall be combined onto one
deed through the lot line adjustment process, as required in Chapter One, Section 13.5(1)(H)
of the Development Code.
3. The applicant shall secure applicable permits from the Washington Conservation District and
Watershed District, and comply with their requirements.
4. Public Works should be involved in all driveway/trench drain/culvert work
a. To provide access on the north end of the lot for installation of the well, use a HDP
culvert.
5. No shared septic tank or pump allowed. Connection shall be to the force main or to a
pressurized lateral within close proximity to property with Public Works written approval.
Detailed drawings and specifications of tanks and pump to be submitted with sewer connection
permit. Pump requirements and specifications available through Public Works.
PC Resolution No.: 2022-39
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6. A tree replacement plan shall be required.
7. A grading plan shall be required prior to building permit issuance, showing establishment of
the ditch along Langly Avenue.
a. Top of septic tanks manholes should specify an elevation minimum 1’ foot above the
centerline of the roadway to prevent I/I on the grading plan
8. Drainage & utility easement shall be recorded to include delineated wetland area including the
buffer area required by the Watershed District.
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.
Adopted by the Scandia City Council this 15th day of November, 2022.
_________________________________
Christine Maefsky, Mayor
ATTEST:
_________________________________
Ken Cammilleri, City Administrator