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6.c PC Resolution No. 2021-10_Potter Variance CITY OF SCANDIA, MINNESOTA PC RESOLUTION NO. 2021-10 APPROVING VARIANCES FOR PARCEL 33.032.20.44.0004 LOCATED AT 13260 182ND STREET NORTH WHEREAS, Daniel and Melissa Potter have made an application for a variance to construct an addition onto an existing deck within the lakeside and east side setback yard, 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 a Variance at a duly noticed Public Hearing on May 4, 2021, and on June 1, 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 a variance to construct an addition onto an existing deck located within the lakeside and east side yard setback at 13260 182nd Street North, based on the following findings: 1. Due to its existing location, any additions to the deck will require a variance. 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. 2. The current use of the property is single-family residential, which would not change if the 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 current regulations were adopted, as was the existing house. The practical difficulties of the lot being PC Resolution No.: 2021-10 Page 2 of 3 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. 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 the proposed additions would alter the character of the neighborhood. The proposed addition to the deck 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. The existing deck and house are nonconforming to current setback requirements, which result in any addition to the deck 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 variances for the addition onto the existing deck appear to be the minimum actions required. The Planning Commission can add conditions for approval limiting the encroachment or intrusion of the proposed deck and stairs to ensure it is the minimum action required. 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 additions to the deck shall follow the dimensions and setbacks indicated on the survey and plans 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. PC Resolution No.: 2021-10 Page 3 of 3 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. Adopted by the Scandia Planning Commission this 1st day of June, 2021. _________________________________ Travis Loeffler, Chair ATTEST: _________________________________ Ken Cammilleri, City Administrator