4.a) Res 06-02-15-01 Anderson Variance
CITY OF SCANDIA, MINNESOTA
PC RESOLUTION NO. 06-02-15-01
APPROVING A VARIANCE FOR 18997 LAYTON AVENUE NORTH
WHEREAS, Wallace and Jeannette Anderson, 18997 Layton Avenue North, have
requested a Variance from the requirements for constructing decks within the setback from the
Ordinary High Water Line (OHWL) and the lot coverage requirements within the Shoreland
District to construct a two hundred and forty (240) square-foot deck on an existing single-family
home at 18997 Layton Avenue North; and
WHEREAS, the property is legally described as follows:
Lot 28, Block 2 Holiday Beach Addition, City of Scandia, Washington County,
Minnesota; and
WHEREAS, the Planning Commission reviewed the request for the Variance at a duly
noticed Public Hearing on June 2, 2015, 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 the construction of a deck up to two hundred and forty (240) square feet in
size, located a minimum of 26 feet from the OHWL of Big Marine Lake on the property at
18997 Layton Avenue North, based on the following findings:
1. The request, with the recommended conditions, is in harmony with the general purposes
and intent of the official controls. 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 and natural
resources including Big Marine Lake. The Shoreland Ordinance permits the addition of
decks of that meet the size requirements of the Ordinance within the required setbacks,
with conditions. Granting the proposed variance with conditions that require that the
applicants remove existing impervious surface on the parcel in proportion to the surface
added, and restore those areas with vegetation, would further the goals and intent of the
Comprehensive Plan and Development Code.
2. The proposed use is reasonable under the conditions allowed by the Development Code
and Shoreland Overlay District. Single-family uses are permitted and therefore
reasonable uses in the General Rural District and Shoreland District. The Shoreland
Ordinance and the City’s past approvals have permitted decks as typical structures and
Resolution No.: 06-02-15-01
Page 2 of 3
reasonable uses for homes in the Shoreland District. It is also reasonable to address the
accessibility needs of the residents by replacing the existing patio with a deck that
provides improved access.
3. The practical difficulties related to the deck are unique to the property. The practical
difficulties include the small size of the parcel, the location of existing buildings within the
required setback from the OHWL, and the accessibility needs of the property owners. The
proposed deck cannot be placed anywhere on the parcel without further increasing the impervious
surface area. While the current landowner created the difficulties, they were created over 50
years ago, at a time when the parcel and structure location relative to the OHWL complied with
the Official Controls. Accessibility was not an issue when the applicants created the existing
structures.
Granting the variance offers a unique opportunity to address the accessibility needs of the
property owners, to make changes to the parcel that would reduce the nonconforming
impervious surface area and to provide potential long-term benefits to the lake. The
conditions of approval require the applicants to reduce the impervious cover and restore
those areas. The Carnelian-Marine-St. Croix Watershed District and Minnesota DNR
have indicated their support for granting the variance to construct the deck if the
impervious cover is reduced on the property, and areas where the cover is removed are
restored to vegetation.
4. Granting the variance would not alter the essential character of the area. Other properties
in the area include single-family homes and decks with similar or smaller setbacks from
the lake.
5. The practical difficulties are not only economic in nature. The practical difficulties are
related to the size of the existing parcel, the location of the existing cabin within the
required setback from the OHWL, and the accessibility needs of the residents.
6. The addition of the deck 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. Granting the requested variance is the minimum action required to eliminate the practical
difficulty. Granting the variance permits construction of the deck, but requires the
removal of an equivalent area of impervious surface to reduce the existing
nonconformity. Construction of the deck will also improve the accessibility of the
structures on the parcel to address the needs of the property owners.
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 submitted to the City on
May 11, 2015.
Resolution No.: 06-02-15-01
Page 3 of 3
2. The applicants shall obtain a building permit from the City.
3. The applicants shall remove 100/240/290 square feet of the existing patio area, amend the
soils in the area to be suitable for planting, and vegetate the area, consistent with the
recommendations of the Carnelian-Marine Watershed District recommendations and
permits. The removal and seeding/planting shall be completed before the City will grant
a building permit for the deck.
4. The deck shall not be modified in the future to be roofed or screened.
5. The applicants shall obtain the required Watershed District permit.
6. The Applicant shall pay all fees and escrows associated with this application.
Adopted by the Scandia Planning Commission this 2nd day of June, 2015.
______________________________
Christine Maefsky, Chair
ATTEST:
_________________________________
Kristina Handt, Administrator/Clerk