4.e) Res 07-01-14-05 Johnson Variance
CITY OF SCANDIA, MINNESOTA
RESOLUTION NO. 07-01-14-05
APPROVING A VARIANCE FOR 18629 LANGLY AVENUE NORTH
WHEREAS, Gregory Johnson has made an application for a Variance from the 100-foot
setback requirement from the Ordinary High Water Level of Big Marine Lake to allow the
construction of a deck attached to the primary structure at 18629 Langly Avenue North; and
WHEREAS, the property is legally described as follows:
Bliss Plat 1st Div Lot 11 Block 5; 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 to permit
construction of a deck attached to the primary structure to be located 61 feet from the Ordinary
High Water Level of Big Marine Lake on the property at 18629 Langly Avenue North, based on
the following findings:
1. The Comprehensive Plan and Development Code support single-family residential uses
in the General Rural District and Shoreland Overlay District. The Plan and ordinance
support protection of water resources including Big Marine Lake. The deck meets the
Shoreland Overlay District requirements for lot coverage and minimum distance required
for nonconforming deck structures in the Shoreland District, which provide protection for
the lake. The request is consistent with the general intent of the Comprehensive Plan and
Development Code.
2. Single-family residences and decks are reasonable uses in the General Rural District and
Shoreland Overlay District.
3. The practical difficulties are related to the small size of the parcel, location of the existing
home, and access for the deck. The practical difficulties are unique to the property and
were not created by the applicant.
4. Other properties in the area include similar deck structures. Granting the variance would
not alter the essential character of the area.
Resolution No.: 07-01-14-05
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5. The practical difficulties are related to the small size of the parcel, location of the existing
home and access for the deck. 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 applicant is requesting a deck that meets the Shoreland Ordinance requirement for
the size and distance from the OHWL for deck additions in nonconforming situations.
The Carnelian-Marine-St, Croix Watershed District will require a shoreland buffer
planting to mitigate for the encroachment into the required setback. The variance is 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
May 13, 2014.
2. The applicant shall obtain a building permit from the City.
3. The applicant shall obtain the required Watershed District permits for the deck addition.
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