Loading...
5.c PC Resolution No. 2021-06 Potter Variance CITY OF SCANDIA, MINNESOTA PC RESOLUTION NO. 2021-06 APPROVING VARIANCE FOR PARCEL 33.032.20.44.0004 LOCATED AT 13260 182ND STREET NORTH WHEREAS, Daniel and Melissa Potter have made an application for variances to exceed the requirements for residential accessory structures, construct a detached garage within the front and west side yard setbacks, construct a septic system within the west side yard setback, construct a deck and stairs within the lake side setback, and to have an impervious surface coverage for the lot exceed 25%, on property identified as PID 33.032.20.44.0004; and WHEREAS, the property is legally described as follows: BIG LAKE VIEW THE WEST 50 FEET OF LOT 1 AND THE EAST 30 FEET OF LOT 2 NEW SCANDIA TOWNSHIP WHEREAS, the Planning Commission reviewed the request for Variances at a duly noticed Public Hearing on May 4, 2021, and recommended that the City Council approve the variances with conditions; 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 variances to exceed the requirements for residential accessory structures, construct a detached garage within the front and west side yard setbacks, construct a septic system within the west side yard setback, construct a deck and stairs within the lake side setback, and to have an impervious surface coverage for the lot exceed 25% at 13260 182nd Street North, based on the following findings: 1. Due to its existing location, any additions to the deck require a variance. The proposed new septic system would meet all other requirements, apart from the 20 foot setback from the side property line. The proposed garage would exceed the current requirements of the Development Code. Combined, the proposed improvements would exceed the maximum threshold of impervious surfaces on one lot. The project would require extensive work to mitigate issues with drainage, stormwater, and erosion control. Conditions for approval should be considered to meet the Comprehensive Plan land use objective of ‘conducting development in a manner that is sensitive to the impact upon natural features and to environmental constraints, including but not limited to scenic views, surface water, wetlands, slopes, woodlands, vegetation, drainage ways, shorelands, and flood plain areas’. The Planning Commission should have conditions of approval to ensure the request is in general harmony with the Comprehensive Plan and Development Code. PC Resolution No.: 2021-06 Page 2 of 4 2. The current use of the property is single-family residential, which would not change if these variance requests are approved. The property is in the GR and Shoreland overlay zoning districts, which permit single-family residential use. Proposing to continue to use the property for residential use is a reasonable use. 3. The practical difficulties are due to the lot and house being nonconforming. The lot itself does not meet the minimum lot size, or buildable area (1 acre) requirements of the underlying zoning district and the overlay. These nonconformities were not created by the landowner. This lot was legally created long before the current regulations were adopted, as was the house. The practical difficulties of the lot being non-conforming are not caused by the current landowner and are unique to the property. 4. The proposed variances would be for an addition to an existing deck, a new detached garage, a new septic system, and exceeding the impervious surface coverage of the lot. The new septic system would be necessary to meet modern standards, and would not differ from systems found throughout the area. The use and function of the property would remain residential, as is the use of other nearby lots in the area. The additions to the existing deck on the house are small. Due to the existing location, any such changes will be located within a setback area. It is unlikely these additions would alter the character of the neighborhood. As a result of the placement of the septic system, the new detached garage would be located within the front setback area. This location is already occupied by an existing small shed. Replacing the small shed with a detached garage may stand out, but would not be abnormal, as some developed lakeside lots have detached accessory structures located in or near the front setback. Having a high percentage of the lot as impervious surface areas is an issue that will require proper work be done to prevent runoff from impacting other properties. Without proper mitigation, runoff can cause issues that would alter the character of the area. The Planning Commission should have conditions of approval to ensure the request would not alter the essential character of the area. 5. The practical difficulties are related to the existing structure not meeting the current setbacks required by the code, and the existing lot being nonconforming. The practical difficulties are not only economic in nature. 6. Granting the requested variances would not result in limiting light or air to neighboring properties. The land use will still be single-family residential, so increases to congestion, fire danger, or public safety are not expected. The property values of neighboring values would not be negatively impacted, either, if the requested variances are granted. The requested variances will not impair the supply of light or air to adjacent properties, increase congestion, endanger the public, or substantially diminish or impair property values in the neighborhood. 7. Given the size of the lot, and the location of the house, it would be hard to find an acceptable location for the new septic system that isn’t within a setback area. It would PC Resolution No.: 2021-06 Page 3 of 4 appear the proposed location is the most minimal action required. The existing deck and house are nonconforming to current setback requirements, which result in any addition needing a variance. The proposed addition of the deck to extend out and have stairs is not a large addition. A reduced intrusion into the lake setback could be made, though any other locations for stairs off the deck would likely trade an intrusion into the side setback for a further intrusion into the lake setback. The requested variance for the detached accessory structure to be within the front yard setback is due to the location of the proposed septic system. Apart from reducing the size of the structure, there are few alternative actions that would be more minimal. A reduction in the size of the structure would be a more minimal action in regards to the impervious surface area of the lot, though, along with reducing the length of the driveway. The requested variance for the septic system is the minimum action required to eliminate the practical difficulty. The requested variances for the addition onto the existing deck appear to be the minimum actions required. The variances requested for the detached accessory structure and the impervious surface coverage of the lot could be reduced if changes to the current site plan are made. 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. The proposed improvements to the property shall follow the setbacks indicated on the survey reviewed with this request. 2. The applicant shall secure applicable permits from the Carnelian Marine St. Croix Watershed District, and comply with their requirements. 3. A grading plan and erosion control plan shall be submitted to the city for review prior to issuance of a building permit, showing any areas of soil disruption, in order to ensure that proper erosion control measures are taken. 4. Documentation from Washington County approving a new septic system shall be turned into the City. 5. The applicant shall secure any other applicable Federal, State, County, and local permits required for the project. 6. The applicant shall pay all fees and escrows associated with this application. PC Resolution No.: 2021-06 Page 4 of 4 Adopted by the Scandia Planning Commission this 4th day of May, 2021. _________________________________ Travis Loeffler, Chair ATTEST: _________________________________ Ken Cammilleri, City Administrator