4.a) PC Resolution 10-06-15-01 Olson Variance
CITY OF SCANDIA, MINNESOTA
PC RESOLUTION NO. 10-06-15-01
APPROVING A VARIANCE FOR 19225 LARKSPUR AVENUE NORTH
WHEREAS, Herbert E. Olson has made an application for a Variance from the 30-foot
setback requirement from the bluffline of Big Marine Lake, the 40-foot setback required from
Larkspur Avenue North, and the 10-foot setback required from the side property boundary to
construct a new garage at 19225 Larkspur Avenue North; and
WHEREAS, the property is legally described as follows:
Lot fifteen (15), except the North 15 feet, Block Two (2), HOLIDAY BEACH 2nd PLAT;
and
WHEREAS, the Planning Commission reviewed the request for the Variance at a duly
noticed Public Hearing on October 6, 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 approval of a Variance to permit
construction of a new garage located a minimum of 19 feet from the bluffline of Big Marine
Lake, 14 feet from the roadway right-of-way of Larkspur Avenue North, and 4 feet from the
south parcel boundary on the property at 19225 Larkspur Avenue North, based on the following
findings:
1. The request 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 bluff areas within the Shoreland Area of Big Marine Lake. The
applicant is proposing to locate the garage as far as possible form the bluffline, while
maintaining the minimum separation needed from the roadway. The side yard setback
variance is needed to meet Building Code requirements for fire safety of the structures.
2. The proposed use is reasonable under the conditions allowed by the Development Code.
Single-family residences accessory structures are reasonable uses in the General Rural
District and Shoreland Overlay District. Garages are a necessity in Minnesota’s climate.
3. The practical difficulties are unique to the property and were not created by the applicant.
The practical difficulties are created by the size of the parcel and the location of the
existing house and bluffs. A standard garage could not be constructed on the property to
PC Resolution No.: 10-06-15-01
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meet the required bluffline setback, roadway setback, side setback, and the minimum
distance that the Building Code requires between the house and garage.
4. Granting the variance would not alter the essential character of the area. Other properties
in the area include garages with similar or smaller setbacks from the roadway and side lot
line, including the garage on the adjacent parcel to the south.
5. The practical difficulties are not only economic in nature. The practical difficulties are
related to the small size of the parcel, and the location of the existing home and bluffline.
6. The replacement of the existing single-family home with a similar home will not impair
the supply of light or air to adjacent properties. With the required conditions, the
addition of the garage 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. The variance would permit construction of the garage on a location that is
setback as far as possible form the bluffline, while maintaining the minimum distance
from the roadway for safe parking and snow removal. The proposed variance also
maintains the minimum side setback that is possible to maintain the distance required
between the home and garage in the Building Code. .
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
September 8, 2015. The Certificate of Survey shall be revised to show the 4-foot setback
from the side property boundary.
2. The applicants shall obtain a building permit from the City.
3. The garage may be used for personal use or agricultural use only. No commercial use or
commercially-related storage is permitted in the garage.
4. The existing driveway access shall be closed prior to creation of the new access.
5. Parking shall be prohibited on the Larkspur Avenue North right-of-way from November
1 to April 30.
6. The applicant shall add a rain garden below the garage and outside the bluff setback area
to receive drainage from the garage and driveway.
7. The Applicant shall pay all fees and escrows associated with this application.
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Adopted by the Scandia Planning Commission this 6th day of October, 2015.
______________________________
Christine Maefsky, Chair
ATTEST:
_________________________________
Brenda Eklund, Clerk