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7.a 3 Resolution 06-06-17-03 Biermaier Variance docxCITY OF SCANDIA, MINNESOTA PC RESOLUTION NO. 06-06-17-03 APPROVING A VARIANCE FOR 18569 LANDGLEY STREET NORTH WHEREAS, Tim and Sue Biermaier have made an application for a Variance from the 100 -foot setback requirement from the Ordinary High Water Line (OHWL) of Big Marine Lake and from the 40 -foot roadway right-of-way setback requirement to construct a new single-family home and septic system on the parcel at 18569 Langley Street North; and WHEREAS, the property is legally described as follows: Lot 8, Block 4 Bliss Plat, City of Scandia, Washington County, Minnesota; and WHEREAS, the Planning Commission reviewed the request for the Variance at a duly noticed Public Hearing on May 2, 2017, tabled the request to obtain a corrected survey, and reviewed the new information at a meeting on June 6, 2017; and NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does approve a Variance to permit construction of a new single-family located a minimum of 60.2 feet from the OHWL of Big Marine Lake and 22.1 feet from the right-of-way of Langley Street North, and to construct a septic system 0 feet from the western boundary of the parcel, based on the following findings: The proposed residential use is in general harmony with the Comprehensive Plan policies that permit residential uses in the General Rural District. A septic system that meets County requirements is needed for the proposed use. The proposed system must meet the required setbacks from the well and other structures, and the proposed home is located as close to the system as possible to meet those setbacks and minimize the variance needed from the structure setback from the OHWL in order to construct the home on the small lot. Granting the variance for the septic system location at the parcel boundary will maintain the higher -priority setbacks from the OHWL, well, and buildings. 2. Single-family residences and accessory structures are permitted in the General Rural District and Shoreland District, and are a reasonable use on the parcel. 3. The practical difficulties are unique to the property, and include the small size of the existing parcel and location of existing structures. It would not be possible to construct a single-family home and compliant septic system on the parcel without a variance. The landowner did not create the practical difficulties. PC Resolution No.: 06-06-17-03 Page 2 of 3 4. Granting the variance for the dwelling and septic system at the locations requested by the applicant would not alter the character of the area. Other structures on parcels in the area are single-family homes and cabins that were constructed with similar setbacks from the lake. 5. The practical difficulties are not related to economic conditions alone, but are caused by the small size of the existing parcel and the location of existing structures on the parcel. 6. The proposed residential use will not impair the supply of light or air to adjacent properties or increase congestion, endanger the public, or substantially diminish or impair property values in the neighborhood. 7. Granting the requested variance to permit the home and septic system in the proposed locations is the minimum action required to develop a home on the parcel that addresses the practical difficulties. 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 development of the parcel shall be consistent with the Certificate of Survey dated 5/08/2017. 2. The applicants shall obtain a building permit for the proposed development of the site. The City shall verify that the building height meets the ordinance requirement with the building permit. 3. The City shall verify that the building height meets the ordinance requirement with the building permit. 4. The existing shed structure may remain in its current location. Future replacement or relocation of the structure shall meet all Development Code requirements. 5. The applicants shall obtain the required permit(s) for the septic system and well. 6. The applicants shall obtain the required Watershed District permits for the project. 7. The applicants shall pay all fees and escrows associated with the variance application. PC Resolution No.: 06-06-17-03 Page 3 of 3 Adopted by the Scandia Planning Commission this 6th day of June, 2017. Dan Squyres, Chair ATTEST: Neil Soltis, Administrator/Clerk