4.b 2 PC Resolution 7-5-16 Erkenbrack Variance docx
CITY OF SCANDIA, MINNESOTA
PC RESOLUTION NO. 07-05-16-__
APPROVING VARIANCE FOR 10455 192ND STREET NORTH
WHEREAS, Gary and Regina Erkenbrack made an application for a Variance from the
requirement that no accessory structure shall be located closer to the road right-of-way than the
primary structure in order to construct a new accessory building on the parcel at 10455 192nd
Street North; and
WHEREAS, the property is legally described as follows:
That part of Government Lot 4, Section 30, Township 32 North, Range 20 West,
Washington County, Minnesota which lies east of the west 935.11 feet thereof and which lies
west of the east 11 rods thereof. This parcel contains 5 acres, more or less, and is subject to the
right-of-way of 192nd Street North; and
WHEREAS, the Planning Commission reviewed the request for the Variance at a duly
noticed Public Hearing on July 5, 2016, 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 accessory building that is 40’x60’ in area and 16 feet in height at a location
that is a minimum of 90 feet from the road right-of-way of 192nd Street 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, Development Code, and Shoreland Ordinance support
residential uses and related accessory structures in the General Rural and Shoreland
Overlay Districts. The proposed building will be screened from views from 192nd Street
North and adjacent properties. It meets the setback requirements of the Development
Code and Shoreland Ordinance.
2. The proposed use is reasonable under the conditions allowed by the Development Code.
Accessory structures are permitted, and therefore reasonable, uses in the General Rural
District.
3. The practical difficulties are unique to the property and were not created by the applicant.
Resolution No.: 07-05-16-__
Page 2 of 3
The practical difficulties include the location of the existing septic system, location of
White Rock Lake, and poor soils in locations that would meet the requirement to be
located further from the road right-of-way than the existing home.
4. Granting the variance would not alter the essential character of the area. The applicants’
parcel is adjacent to other residential and agricultural properties that have similar
accessory structures. The proposed structure will be screened from views from 192nd
Street North and adjacent parcels by existing vegetation.
5. The practical difficulties are not only economic in nature. The practical difficulties are
related to the location of the existing septic system, location of White Rock Lake, and
poor soils on the parcel that limit the potential location of the accessory building.
6. The addition of the barn on the parcel will not impair the supply of light or air to adjacent
properties, 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 permits construction of the accessory building in a location that
is setback as far as possible from the roadway right-of-way while avoiding poor soils, the
septic system, and maintaining the required setback from the OHWL of White Rock
Lake. The location meets the other setback requirements in the Development 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 June 13, 2016.
2. The applicants shall obtain a building permit and land alternation permit (if needed)
from the City.
3. The applicants shall remove the existing garden shed on the parcel prior to
construction of the accessory building.
4. The accessory building may be used for personal use or agricultural use only. No
commercial use or commercially-related storage is permitted in the barn.
5. The applicants shall maintain the existing vegetation to the north and west of the
accessory building to provide screening for the structure.
6. The applicants shall pay all fees and escrows associated with this application.
Resolution No.: 07-05-16-__
Page 3 of 3
Adopted by the Scandia Planning Commission this 5th day of July, 2016.
______________________________
Christine Maefsky, Chair
ATTEST:
_________________________________
Neil Soltis, Administrator/Clerk