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4.a) Res 07-01-14-01 Tuenge Variance docx CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 07-01-14-01 APPROVING A VARIANCE FOR 20595 QUINNELL AVENUE NORTH WHEREAS, Kristin Tuenge has made an application for a Variance to allow the addition of a bay window to the primary structure on the property at 20595 Quinnell Avenue North and the proposed addition will encroach into the required rear yard setback; and WHEREAS, the property is legally described as follows: Lots 1 through 6, both inclusive, Block 5; Lot 9, Block 6; and the south 100 feet of Reserve No. 1, all of Otisville, according to the plat thereof on file and of record in the Office of the Register of Deeds, Washington County, Minnesota. Subject to that certain agreement dated March 31, 1970 and amendment thereof dated March 31, 1970 between the vendors, Theodore J. Peterson and Arlene R. Peterson, husband and wife, and Barbara T. Schlingerman, as the same pertain to water rights from a certain spring located on Lot 9, Block 6, Otisville; and WHEREAS, the Planning Commission reviewed the request for the Variance at a duly noticed Public Hearing on July 1, 2014, 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 approval of a Variance from the required 50-foot rear setback to construct a bay window on the north side of the primary structure at 20595 Quinnell Avenue North, with a setback of 30 feet from the rear parcel boundary, based on the following findings: 1. The Comprehensive Plan and Development Code support single-family residential uses in the General Rural District and Shoreland District. A dining room is a typical element of a single-family home. The requested variance is in general harmony with the Comprehensive Plan and the Development Code. 2. Single Family Residences are reasonable uses in the General Rural District. A functioning dining room is a reasonable element of a single-family home. 3. The practical difficulties are related to the existing location of the home on the lot, the location of the dining room within the home, and existing porch. The home was constructed in 1939, and does not meet the current rear setback requirement in the Development Code. The bay window cannot be added to the side of the home, where it Resolution No.: 07-01-14-01 Page 2 of 2 could meet the side setback requirement, due to the location of the existing porch. The only reasonable location for the expansion is toward the rear setback. The practical difficulties are unique to the property. 4. The proposed addition is relatively small in size, and will not be visible from most adjacent parcels. The residential use of the parcel will be maintained, and the home with the addition will be similar in size to other homes in the area. Granting the variance would not alter the essential character of the area. 5. The practical difficulties are related to the location of the home on the parcel in relative to the rear lot line, and the internal configuration of the home. The practical difficulties are not only economic in nature. 6. The proposed variance will not impair the supply of light or air to adjacent properties. It will not increase congestion, endanger the public, or substantially diminish or impair property values in the neighborhood. 7. The required variance will provide adequate space for a small dining table in an appropriate location given the configuration of the home. Granting the variance is therefore the minimum action required to eliminate the practical difficulty. 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. Development of the property shall be consistent with the plans provided to the City on April 23, 2014. 2. The applicant shall obtain a building permit from the City. 3. The applicant shall maintain the existing trees that provide screening for the adjacent parcel to the north. 4. The applicant shall pay all fees and escrows associated with this application. Adopted by the Scandia Planning Commission this 1st day of July, 2014. ______________________________ Christine Maefsky, Chair ATTEST: _________________________________ Kristina Handt, Administrator/Clerk