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5. Resolution 11-14-17-02 Martsching Variance CITY OF SCANDIA, MINNESOTA PC RESOLUTION NO. 11-14-17-02 APPROVING A VARIANCE FOR 18605 LANGLY AVENUE NORTH WHEREAS, Michael Laumann of Michael Paul Design and Build has made an application on behalf of Bob and Jane Martsching, the owners, for a variance from the required setback from the Ordinary High Water Level (OHWL) of Big Marine Lake, the required setback from a wetland, and the required setback from the right-of-way of Langly Court North to construct a new single-family home and septic system on the parcel at 18605 Langley Avenue North; and WHEREAS, the property is legally described as follows: LTS 10-12 BLK 4 BLISS PLAT 1ST DIV SUBDIVISIONNAME BLISS PLAT 1st DIVISION LOT 10 BLOCK 4 SUBDIVISIONCD 91100; and WHEREAS, the Planning Commission reviewed the request for the Variance at a duly noticed Public Hearing on November 14, 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 recommend that the City Council approve a Variance to permit construction of a new single-family dwelling located a minimum 50 feet from the OHWL of Big Marine Lake to the south, 51 feet from the OHWL of the lake to the east, 52 feet from the wetland boundary to the south, and 11 feet from the roadway right-of-way. The variance permits the septic system to be located 20 feet from the roadway right-of-way, based on the following findings: 1. The proposed residential use is in general harmony with the Comprehensive Plan and general purposes and intent of the Plan and Development Code. The Comprehensive plan includes policies that allow residential uses in the General Rural District and Shoreland Overlay District. The Comprehensive Plan and Shoreland Ordinance include policies to support the Shoreland Ordinance requirements in order to protect the quality of surface waters. Granting the variance will permit development of a new home on the parcel that will be set back farther from the lake than the existing home, and the new home and related impervious surfaces will be outside the Shore Impact Zone. Granting the variance from the roadway right-of-way setback will permit the structure to be setback as far from the lake as possible, which is the higher priority. The new structure will also meet the side setback requirements in the official controls, while the existing structure does not meet the requirement. . PC Resolution No.: 11-14-17-02 Page 2 of 3 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 size and configuration of the existing parcel, which is not wide enough to permit development of a home without a variance, and the locations of the OHWL and wetland area on two sides of the parcel. The landowner did not create the practical difficulties. 4. Granting the variance for the dwelling at the location requested by the applicant would not alter the character of the area. The existing homes on adjacent parcels are setback a similar distance from the lake as the proposed setback of the new structure. 5. The practical difficulties are not related to economic conditions alone, but are caused by the size and configuration of the existing parcel and the location of the OHWL and wetland on two sides of 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. The requested variance to permit the home in the proposed location is the minimum action required to develop a home on the parcel. The new home is proposed to be located as far to the west and north as possible on the site to provide a wider setback from the lake than the existing home on the parcel, and keep the structure and impervious surfaces outside the Shore Impact Zone. 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 provided to the City dated October 23, 2017. 2. The applicants shall obtain a building permit for the proposed construction. 3. The applicant shall obtain any required County and City permits for the septic system replacement. 4. The applicant shall replace the service pipe from the tanks to the new home. 5. The applicant shall obtain the required permit for the new well from the Minnesota Department of Health. 6. The applicant shall obtain all required Watershed District permits. 7. The building shall comply with the building height standard of the Development Code. PC Resolution No.: 11-14-17-02 Page 3 of 3 8. The applicant shall establish native buffer plantings on the site as required by the Watershed District permit. 9. The applicant shall remove the existing fence that is located within the right-of-way or more the fence to a location within the required setbacks from the property boundaries and right-of-way. 10. The applicant shall submit a detailed grading and drainage plan for approval by the City Engineer prior to approval of the building permit. 11. The applicant shall survey and identify the boundary of the Shore Impact Zone on the project site. No grading, fill, or land alteration is permitted within this Zone. 12. The applicant shall pay all fees and escrows associated with the variance application. Adopted by the Scandia Planning Commission this 14th day of November, 2017. _________________________________ Dan Squyres, Chair ATTEST: _________________________________ Neil Soltis, Administrator/Clerk