4.b PC Resolution 09-06-16 HedelsonCITY OF SCANDIA, MINNESOTA
PC RESOLUTION NO. 09-06-16-01
DENYING A VARIANCE FOR 16970 ST. CROIX TRAIL NORTH
WHEREAS, Paul Hedelson has made an application for a Variance to permit an existing
accessory structure that replaced a substandard structure that was destroyed by a storm on a
property at 16970 St. Croix Trail North in the same location, approximately 170 feet from the
Ordinary High Water Line (OHWL) of the St. Croix River, and on a parcel 30.032.19.30.041
that does not include a primary structure; and
WHEREAS, the property is legally described as follows:
Parcel 30.032.19.30.0003: RESERVED FOR MILLS BEG AT SELY COR LT 7 BLK 21
THN NLY ALG WLY LN SD RES FOR MILLS TO SE COR LT 3 BLK 21 THN ELY ON LN
PARL W/N LN SD RES FOR MILLS TO ST CRX RIV THN SLY ALG SD RIV TO PT ELY
FROM POB ON LN PARL W/SD N LN THN WLY TO POB SUBDIVISION NAME
REVISION OF VASA SUBDIVISION CD 91655
Parcel 30.032.19.30.0041: LOTS 4, 5, 6 AND 7 021 SUBDIVISION NAME REVISION
OF VASA LOT 4 BLOCK 21 SUBDIVISION CD 91655
WHEREAS, the Planning Commission reviewed the request for the Variance at a duly
noticed Public Hearing on September 6, 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 denial of a Variance to an accessory
structure located on Parcel 30.032.19.30.0041 that replaced a substandard structure located
approximately 170' from the Ordinary High Water Line (OHWL) of the St. Croix River, based
on the following findings:
The replacement of the demolished structure with the new structure in a location that
does not meet the required dimensional standards in the St. Croix Riverway Ordinance
and where there is no primary structure is not in harmony with the general purposes and
intent of the Comprehensive Plan and Development Code. The Comprehensive Plan
supports protection of the Riverway Corridor through the application of the St. Croix
Riverway Overlay District Standards. The Riverway Ordinance requires that
replacement of substandard structures occur in a location that meets setback requirements
in order to protect the Riverway and bring properties into compliance with the
dimensional standards of the ordinance. The Development Code requires that no
accessory structure be built on a parcel without a primary structure.
Resolution No.: 09 -06 -16 -
Page 2 of 3
2. The proposed use is reasonable under the conditions allowed by the Development Code.
Single-family residences and related accessory structures are reasonable uses in the
Agriculture Core and St. Croix River Districts.
The applicant has not identified any practical difficulties that are unique to the property
as a rationale for the variance. There are many similar small, substandard buildings
within the Riverway District that have been used by their owners for a long time. The
requirement for replacement of these structures in a location that meets the ordinance
requirement if they are destroyed was specifically included in the St. Croix Riverway
Ordinance to improve compliance with Riverway standards within the Riverway District.
Many property owners in Scandia have requested that they be allowed to build accessory
structure on parcels without a primary structure, but there is no unique practical difficulty
in this case that would permit granting a variance from this requirement.
4. Granting the variance would not alter the essential character of the area.
5. The applicant did not identify economic conditions as the rationale for the variance, and
economic conditions would not be considered as the sole rationale for granting the
variance.
6. The replacement structure will not impair the supply of light or air to adjacent properties.
Maintenance of the use will not increase congestion, endanger the public, or substantially
diminish or impair property values in the neighborhood.
7. The requested variance is not the minimum action required to meet the Riverway
Ordinance and Development Code requirements. The City has identified a large area on
the western parcel of the property where the structure could be located to meet all
dimensional requirements. The applicant may complete a relatively simple lot
consolidation action to comply with the requirement that accessory structures be located
on a parcel with a primary structure.
8. The variance is not related to a need for direct sunlight for solar energy systems.
FURTHER BE IT RESOLVED, that the applicant and owner shall complete the
following:
1. The applicant or owner shall move the accessory structure to a location that meets all of
the dimensional requirements of the St. Croix Riverway Ordinance and Development
Code. The applicant shall survey the parcel to determine the accurate locations of the
parcel boundaries, structures, septic system, and setbacks, to accurately determine the
area where the accessory structure may be placed to meet the Code requirements.
2. The owner shall combine the two parcels at 12970 St. Croix Trail North
(30.032.19.13.0041 and 31.032.19.13.003) so that the accessory building and primary
building are on the same parcel.
Resolution No.: 09 -06 -16 -
Page 3 of 3
3. These conditions shall be completed within 60 days of the City's denial of the variance
request.
Adopted by the Scandia Planning Commission this End day of September, 2016.
Christine Maefsky, Chair
ATTEST:
Neil Soltis, Administrator/Clerk