6.b PC Resolution 04-03-18-02 recommending denying variance from wetland setbackCITY OF SCANDIA, MINNESOTA
PC RESOLUTION NO. 04-03-18-02
APPROVING A VARIANCE FOR PARCEL 070322031003 LOCATED ON MANNING
TRAIL NORTH, NORTH OF 220TH STREET NORTH
WHEREAS, Jon Olson has made an application on behalf of Gerald and Judith Olson,
the owners, for a Variance to permit the location of driveway within the required setback from a
wetland on Parcel 070322031003, located on Manning Trail North, North of 220th Street North;
and
WHEREAS, the property is legally described as follows:
THAT PT S1/2-NE1/4-SWI/4 LYING WLY OF C/L CO HWY #15 & LYING ELY OF W
136.25FT THEREOF & THAT PT SEI/4-SWI/4 LYING WLY OF C/L OF CO RD #15A &
LYING NLY & ELY OF S 1230FT OF W 355FT & LYING ELY OF W 136.25FT & LYING
NLY OF FOLL DESC LN:COM@SE COR SD W 355FT THN NOODEGI4'43"W ASSM BRG
ALG E LN SD W 355FT A DIST 979.64FT TO POB OF LN BEING DESC THN
S77DEG25'00"E DIST OF 613.76FT M/L TO C/L OF CO RD #15A SUBJ TO EASE
SECTION 07 TOWNSHIP 032 RANGE 020; AND
WHEREAS, the Planning Commission reviewed the request for the Variance at a duly
noticed Public Hearing on April 3, 2018; 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 deny the
variance to allow the location of the driveway that is 29' from the delineated boundary of the
wetland north of the driveway on Parcel 070322031003, based on the following findings:
Granting the requested variance is not in harmony with the purposes and intent of the
Comprehensive Plan and Development Code based on the following:
• The residential use is permitted in the General Rural District, and a driveway is
required to support that use.
Resolution No.: 04-03-18-02
Page 2 of 3
• The driveway access is consistent with the goals and policies in the Comprehensive
Plan because it meets the sight -distance requirements for Manning Avenue to protect
traveler safety.
• The driveway location and placement of fill during construction were not in harmony
with the purposes and intent of the Comprehensive Plan and Zoning Ordinance. The
driveway location violates the wetland setback requirements designed to protect the
wetland area on the parcel.
• There are locations on the parcel where the driveway can be constructed and the fill
can be relocated that would meet the wetland setback requirement.
2. Single-family residences and driveways are reasonable uses in the GR District. The
residential use could not be developed without a driveway.
3. There are no practical difficulties that require the placement of the driveway within the
wetland setback area. The issues were created by the property owner, who placed the
driveway and construction fill within the required setback area. Other locations are
available on the parcel for the driveway and the fill material that would comply with the
wetland setback requirement.
4. Granting the variance would not alter the essential character of the area.
The applicants' property is adjacent to parcels with single-family residences and
driveways.
5. There are no practical difficulties that require the placement of the driveway within the
wetland setback area. The issues were created by the property owner, who placed the
driveway and construction fill within the required setback area. Other locations are
available on the parcel for the driveway and the fill material that would comply with the
wetland setback requirement, and the costs for moving the driveway and fill are not a
practical difficulty.
6. Granting the variance would not impair the supply of light or air to adjacent properties.
The location of the driveway consistent with the County's required conditions for the
access permit will not increase congestion or endanger public safety.
7. The variance is not needed. The driveway and fill material related to its construction may
be moved to another location on the parcel that would comply with the wetland setback
requirement.
8. Granting the variance will provide adequate access to direct sunlight for solar energy
systems.
Resolution No.: 04-03-18-02
Page 3 of 3
FURTHER BE IT RESOLVED that the following conditions shall be met:
1. The applicants shall obtain the required driveway access and erosion control permits from
the City for a new driveway location. The driveway shall be moved to a location that
complies with the wetland setback and other Development Code requirements.
2. The applicants shall remove the fill that was placed within the wetland setback area and
restore the area as required by the grading permit.
3. The Applicant shall pay all fees and escrows related to this application.
Adopted by the Scandia Planning Commission this 3rd day of April, 2018.
Dan Squyres, Chair
ATTEST:
Neil Soltis, Administrator/Clerk