06.h Loew Conditional Use Permit and Variance Approval - 14035 205th St. N.
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Date of Meeting: September 15, 2026
To: Honorable Mayor and Members of the City Council
From: TJ Hofer, Consultant City Planner
Greenlee Dahle, Consultant City Planner
Re: Conditional Use Permit and Variance Requests for Home Occupation at
14035 205th Street North
Applicant: Josh Loew Zoning: V-N
Owners: Josh & Kayla Loew Future Land Use: Village Neighborhood
Location: 14035 205th St N
PID 2203220130009 Review Deadline October 11, 2026
EXECUTIVE SUMMARY
Request: Josh Loew, property owner with Kayla Loew, requests approval of a conditional use
permit to allow a home occupation that exceeds the standards allowed by right in the V-N district
and a variance to allow an accessory structure to be located in front of the principal structure at
14035 205th Street North.
Proposed Conditions: The applicant proposes a permanent farmstand accessory structure in the
front yard to support retail sales as a home occupation. The structure would be at least 50 feet
from the front property line, accessed from the existing driveway, and served by an on-site
parking area for two vehicles located at least 50 feet from the front property line.
Key Issues: The request requires a conditional use permit (CUP) because the proposed home
occupation would generate customer traffic and include outdoor display of goods beyond the
standards allowed by right. A variance is also required because the proposed farmstand would be
located in front of the principal structure and the parcel does not meet the UDC exceptions that
allow accessory structures in that location without variance approval.
Review: Staff find the request is generally consistent with the UDC and Comprehensive Plan,
subject to approval of both the CUP and variance. The proposed use supports home-based
business activity and rural village character, would not require additional public utilities, and
would not substantially affect adjacent property. Review comments did not identify objections;
the Watershed District indicated additional permitting would not be required based on the
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proposed impervious surface, and Public Works confirmed no additional driveway access would
be allowed.
PLANNING COMMISSION
The request was heard at the September 1, 2026, meeting of the Planning Commission. A public
hearing was held and no comments were received.
The Planning Commission discussed the second driveway, a turnaround area for customers, the
use of temporary in the UDC, and the various types of uses in the UDC for farmstand type uses.
The Planning Commission moved to recommend approval of the request. The motion was
approved with a vote of 3-0 (Cullen absent), with three additional recommended conditions:
• An adequate turnaround space shall be provided for customers. Vehicles shall not be
allowed to reverse on to 205th Street North from the site.
• Signs shall be used to clearly indicate when the home occupation is in operation for retail
customers.
• The structure shall be of natural or neutral tones and comply with the standards
established in 153.400.030 Subd. 3 (B) Residential Accessory Structures.
COUNCIL ACTION
The City Council can do one of the following:
1. Approve, with or without conditions, of the attached resolution.
2. Deny, with findings, of the attached resolution.
3. Table the request for further review/study.
RECOMMENDATION
The Planning Commission recommend approval of the proposed CUP and variance:
Motion approve of the attached resolutions to approve a Conditional Use Permit to allow
for a home occupation that exceeds performance standards and a Variance to allow an
accessory structure in front of the principal structure at 14035 205th Street North, with the
findings and conditions described within the staff reports.
The Planning Commission recommend the findings in the attached resolution and the following
conditions of approval for consideration for the variance:
1. The location and layout of structures on the lot shall be substantially consistent with the
plans and setbacks submitted to the City and reviewed with this request.
2. Approval of the Variance is contingent on the approval of Resolution 09-15-26-02
Approving a Conditional Use Permit to allow for a home occupation that exceeds the
standards established in the Unified Development Code.
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3. No additional screening is required for the accessory structure. Removal of vegetation,
including significant trees is allowed within the construction zone of the structure and
parking. No significant trees may be removed to increase the visibility of the structure
The Planning Commission recommend the findings in the attached resolution and the following
conditions of approval for consideration for the CUP:
1. The location and layout of structures on the lot shall be substantially consistent with
the plans and setbacks submitted to the City and reviewed with this request.
2. Approval of the Conditional Use Permit is contingent on the approval of Resolution
09-15-26-01 Approving a Variance to allow for an accessory structure (farmstand) to
be located in front of the principal structure.
3. Accessory structures on the site shall comply with the standards within the Unified
Development Code, except where deviations are allowed with a variance.
4. No additional screening is required for the accessory structure. Removal of
vegetation, including significant trees, is allowed within the construction zone of the
structure and parking. No significant trees may be removed to increase the visibility
of the structure from the roadway.
5. An adequate turnaround space shall be provided for customers. Vehicles shall not be
allowed to reverse on to 205th Street North from the site.
6. Signs shall be used to clearly indicate when the home occupation is in operation for
retail customers.
7. The structure shall be of natural or neutral tones and comply with the standards
established in 153.400.030 Subd. 3 (B) Residential Accessory Structures.
8. No other person and no more than 1 employee shall be employed by the proposed
home occupation.
9. The proposed farmstand shall be accessed from the existing driveway on the property.
10. All signage is required to meet Unified Development Code standards.
11. The proposed home occupation shall not involve any hazardous materials or
nuisances.
12. Outdoor display of goods shall be kept in an orderly manner.
13. Parking for two vehicles shall be accommodated on site. The parking area shall be a
minimum of 50 ft. from the front property line.
14. The applicant shall secure all applicable and necessary permits from all other local,
state, and federal entities prior to work commencing on the site.
15. The Conditional Use Permit shall expire without further action by the Planning
Commission or the City Council, unless the applicant commences the authorized use
within one year of the date of the Conditional Use Permit is issued or extended
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through the process described in Sec. 153.500.060 Subd. 1. (C) V. of the Unified
Development Code.
16. The City may revoke the Conditional Use Permit if the conditions of this approval are
not met or are violated.
17. The City may revoke the Conditional Use Permit for the site if all permits and
required work to comply with approvals from other local, state, and federal entities is
not completed.
18. The applicant shall pay all fees and escrows associated with this application.
Attachments
A. Resolution No. 09-15-26-01 Approving a Variance for PID 2203220130009 Located at
14035 205th Street North
B. Resolution No. 09-15-26-02 Approving a Conditional Use Permit for PID
2203220130009 Located at 14035 205th Street North
C. Planning Commission Packet, “Conditional Use Permit and Variance Requests for Home
Occupation at 14035 205th Street North”, dated September 1, 2026
CITY OF SCANDIA, MINNESOTA
RESOLUTION NO. 09-15-26-01
APPROVING A VARIANCE FOR PID 2203220130009 LOCATED AT 14035 205TH
STREET NORTH
WHEREAS, Josh and Kayla Loew (the “applicants” and the “owners”) made an
application for a Variance, to allow for an accessory structure to be located in front of the principal
structure, located at 14035 205th Street North and the property legally described as follows:
Lot 5, Block 2, Laurel Ridge, Washington County, Minnesota; and
WHEREAS, the City of Scandia allows accessory structures as a permitted use to
residential dwellings; and
WHEREAS, the City of Scandia received a complete application for a Variance to allow
an accessory structure located in front of the principal structure; and
WHEREAS, the proposed accessory structure would be less than 120 sq. ft. in size and
setback at least 50 ft. from the front property line; and
WHEREAS, the Planning Commission reviewed the request for the Variance at a duly
noticed Public Hearing on September 1, 2026, and recommended that the City Council approve
the Variance, with conditions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it approves a Variance to
allow for an accessory structure to be located in front of the principal structure at 14035 205th
Street North, based on the following findings:
1. The proposed use is a reasonable use of the property. A single-family dwelling with an
accessory structure is a permitted use in the V-N district. A home occupation is permitted
and may exceed performance standards with an approved conditional use permit. A home
occupation functioning as a retail farmstand is reasonably expected to be located closer to
the road than allowed by the Unified Development Code.
2. The proposed use of a single-family dwelling with an accessory structure is a permitted use
in the Village Neighborhood zoning district. The property owners did not create the
practical difficulties associated with the principal structure location as the home location
was determined with the subdivision of the property. The location of the principal structure,
431.20 from the front lot line, limits the allowed placement of an accessory structure on
the property and impair the functions of a roadside farmstand.
3. If the variance were granted, it would not alter the essential character of the locality. A
roadside farmstand is part of the rural village character of the locality. The proposed
accessory structure location would meet the minimum structure setback of 50 ft. from the
front property line. Existing vegetation along the right-of-way will be maintained for
screening, limiting the visibility of the structure.
4. Economic conditions are not the sole factor in the proposed variance.
5. The proposed variance is not related to inadequate access to direct sunlight for solar energy
systems.
6. The proposed variance will not impair adequate supply of light and air to adjacent property,
or substantially increase the congestion of the public streets, or increase the danger of fire,
or endanger the public safety, or substantially diminish or impair property values within
the neighborhood.
7. The requested variance is the minimum action required to eliminate the practical difficulty.
FURTHER BE IT RESOLVED that the following conditions of approval shall be met:
1. The location and layout of structures on the lot shall be substantially consistent with the
plans and setbacks submitted to the City and reviewed with this request.
2. Approval of the Variance is contingent on the approval of Resolution 09-16-26-02
Approving a Conditional Use Permit for PID 2203220130009 Located at 14035 205th
Street North.
3. No additional screening is required for the accessory structure. Removal of vegetation,
including significant trees is allowed within the construction zone of the structure and
parking. No significant trees may be removed to increase the visibility of the structure from
the roadway.
Whereupon, said Resolution is hereby declared adopted on this 15th day of September 2026.
Steve Kronmiller, Mayor
ATTEST:
Kyle Morell, City Administrator
CITY OF SCANDIA, MINNESOTA
RESOLUTION NO. 09-15-26-02
APPROVING A CONDITIONAL USE PERMIT FOR PID 2203220130009 LOCATED AT
14035 205th STREET NORTH
WHEREAS, Josh and Kayla Loew (the “applicants” and the “owners”) made an
application for a Conditional Use Permit (CUP), to allow for a home occupation that exceeds
performance standards and criteria allowed in Section 153.400.030 Subd. 1 (O), located at 14035
205th Street North and the property legally described as follows:
Lot 5, Block 2, Laurel Ridge, Washington County, Minnesota; and
WHEREAS, Section 153.300.030 Subd. 1 (O) of the Unified Development Code (UDC)
provides standards for home occupations, and allows home occupations to exceed the standards
allowed by right through a Conditional Use Permit request; and
WHEREAS, the City of Scandia received a complete application for a CUP to allow a
home occupation to exceed the permitted standards and to construct an accessory structure for the
home occupation use on the property; and
WHEREAS, the proposed accessory structure would include a display and storage of
goods for retail sales from the home occupation use; and
WHEREAS, the proposed CUP would generate increased traffic compared to a permitted
single-family home occupation; and
WHEREAS, the applicant is proposing to add a parking pad to address additional traffic
generated from the proposed home occupation use; and
WHEREAS, the proposed accessory structure would be less than 120 sq. ft. in size and
setback at least 50 ft. from the front property line; and
WHEREAS, the Planning Commission reviewed the request for the Conditional Use
Permit (CUP) at a duly noticed Public Hearing on September 1, 2026, and recommended that the
City Council approve the CUP, with conditions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it approves of a Conditional
Use Permit to allow for the home occupation use which exceeds performance standards and criteria
allowed as a permitted use, located at 14035 205th Street North, based on the following findings:
1. Goals of the Comprehensive Plan include preserving rural, agricultural character and
encouraging home-based entrepreneurs and businesses. The proposed home occupation
and accessory structure are consistent with the Comprehensive Plan and shall have no
impact on public facilities or capital improvement plans.
2. The proposed home occupation use is allowed by the Unified Development Code (UDC)
and may exceed the performance standards through a CUP. The proposed home occupation
and accessory structure shall not negatively impact the existing use of a single-family
dwelling, or the general public welfare, and shall not be detrimental to or endanger the
public health, safety, or comfort. Reasonable conditions of approval can be added as the
City Council determines that it is necessary for the proposed use.
3. The proposed home occupation and accessory structure shall not be injurious to the use
and enjoyment of other property in the immediate vicinity for the purposes already
permitted, nor substantially diminish and impair property values or scenic views. The
proposed home occupation shall meet the required front setback, thereby containing all
activity related to the home occupation to the lot.
4. The establishment of the proposed use shall not impede development or improvement of
surrounding properties.
5. The proposed use shall not require connections to city-owned public facilities, utilities, or
services.
6. The proposed home occupation use shall be consistent with the applicable regulations of
the V-N district with a CUP, except for the location of the accessory structure in front of
the principal structure. A variance is needed to allow for the proposed structure placement.
7. The requested Conditional Use Permit meets the general and specific performance
standards of the UDC, including the use specific standards established in Sec. 153.300.030
Subd. 1 (O). As required by Sec. 153.200.030 Subd. 6 (A) (II) of the UDC, all other
standards and regulations of the V-N base zoning district would be met and the variance
approval for the proposed location of the accessory structure allows the proposed location
in front of the principal structure.
FURTHER BE IT RESOLVED that the following conditions of approval shall be met:
1. The location and layout of structures on the lot shall be substantially consistent with
the plans and setbacks submitted to the City and reviewed with this request.
2. Approval of the Conditional Use Permit is contingent on the approval of Resolution
09-15-26-01 Approving a Variance to allow for an accessory structure (farmstand) to
be located in front of the principal structure.
3. Accessory structures on the site shall comply with the standards within the Unified
Development Code, except where deviations are allowed with a variance.
4. No additional screening is required for the accessory structure. Removal of vegetation,
including significant trees, is allowed within the construction zone of the structure and
parking. No significant trees may be removed to increase the visibility of the structure
from the roadway.
5. An adequate turnaround space shall be provided for customers. Vehicles shall not be
allowed to reverse on to 205th Street North from the site.
6. Signs shall be used to clearly indicate when the home occupation is in operation for
retail customers.
7. The structure shall be of natural or neutral tones and comply with the standards
established in 153.400.030 Subd. 3 (B) Residential Accessory Structures.
8. No other person and no more than 1 employee shall be employed by the proposed home
occupation.
9. The proposed farmstand shall be accessed from the existing driveway on the property.
10. All signage is required to meet Unified Development Code standards.
11. The proposed home occupation shall not involve any hazardous materials or nuisances.
12. Outdoor display of goods shall be kept in an orderly manner.
13. Parking for two vehicles shall be accommodated on site. The parking area shall be a
minimum of 50 ft. from the front property line.
14. The applicant shall secure all applicable and necessary permits from all other local,
state, and federal entities prior to work commencing on the site.
15. The Conditional Use Permit shall expire without further action by the Planning
Commission or the City Council, unless the applicant commences the authorized use
within one year of the date of the Conditional Use Permit is issued or extended through
the process described in Sec. 153.500.060 Subd. 1. (C) V. of the Unified Development
Code.
16. The City may revoke the Conditional Use Permit if the conditions of this approval are
not met or are violated.
17. The City may revoke the Conditional Use Permit for the site if all permits and required
work to comply with approvals from other local, state, and federal entities is not
completed.
18. The applicant shall pay all fees and escrows associated with this application.
Whereupon, said Resolution is hereby declared adopted on this 15th day of September 2026.
Steve Kronmiller, Mayor
Joshua Loew, Owner
Kayla Loew, Owner
ATTEST:
Kyle Morell, City Administrator
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Date of Meeting: September 1, 2026
To: Chair Hogle and Planning Commission Members
From: Greenlee Dahle, Consultant City Planner
TJ Hofer, Consultant City Planner
Re: Conditional Use Permit and Variance Requests for Home Occupation at
14035 205th Street North
Applicant: Josh Loew Zoning: V-N
Owners: Josh & Kayla Loew Future
Land Use: Village Neighborhood
Location: 14035 205th St N
PID 2203220130009
Review
Deadline: October 11, 2026
SUMMARY
The applicant is requesting approval for a conditional use permit (CUP) to allow for a home
occupation that exceeds performance standards allowed by right and a variance to allow an
accessory structure in front of the principal structure for the proposed home occupation. The
relevant UDC sections are:
Sec. 153.200.030 Subd. 4. (C) V-N District Standards
Sec. 153.200.030 Subd. 6. I.(c) Accessory Structure Exceptions
Sec. 153.300.030 (O) Home Occupation Standards
The Planning Commission is asked to hold a public hearing and make a recommendation to the
City Council. Staff recommend approval of the requested CUP and variance with conditions.
BACKGROUND
The property is zoned Village Neighborhood (V-N) and is guided as Village Neighborhood on
the Future Land Use map.
The applicants are requesting a CUP and variance to allow a home occupation in the form of a
permanent farm stand with retail sales on the residential property. The request requires a CUP as
it would exceed the home occupation standards allowed by right in the Unified Development
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Code (UDC). The applicant is proposing the structure to be located in the front yard, which
requires a variance from the requirement that accessory structures must be located behind the
principal structure.
EVALUATION OF REQUEST
Existing Conditions
The property is zoned V-N. The principal structure meets the zoning standards for a single-
family dwelling. Lot standards are detailed below with the existing and proposed conditions.
Proposed Conditions
The applicant proposes a permanent accessory structure (farmstand) in front of the principal
structure to serve as a retail stand for a home occupation. This type of use would typically be
considered a “seasonal agricultural business” within the zoning ordinance. “Agricultural-
Business, Seasonal” are defined as, “A seasonal business not exceeding six (6) months in any
calendar year operated on a rural farm as defined offering for sale to the general public, produce
or any derivative thereof, grown or raised on the property.” Seasonal agricultural businesses and
the related structures are permitted in the A-P, AG-C, RR-G, and RR-N zoning district by right,
subject to the standards established in the UDC, but are prohibited in the V-N district.
Additionally, seasonal agricultural businesses allow for temporary structures, provided they meet
setback requirements.
The V-N district does allow “home occupations” as an accessory permitted use with standards
and as a conditional use if the home occupation would exceed the required standards. These
standards are detailed below, but the home occupations is required to not generate additional
traffic to a site and include outdoor display of goods.
The UDC also prohibits accessory structures being located “in front” of a principal structure,
unless certain criteria are met:
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i. The accessory structure is located on a lot of five (5) acres or more and is placed
at least 200 feet from the road right-of-way; or
ii. The accessory structure is located on a parcel that is less than five (5) acres in
size, is necessary to meet the Exterior Storage requirements of this UDC, and the
physical conditions on the parcel (including but not limited to steep slopes,
locations of wetlands, location of principal structure) prevent the location of the
storage structure within the side or rear yard;
The proposed site does not meet either of these conditions and is proposing that the farmstand be
located 50 ft. from the property line. This meets the required front setback but is not consistent
with the location standards above.
The submitted narrative states that “the driveway is over 600 feet long so a farmstand would not
be visible from the road, and ultimately takes away from the idea of having a roadside
farmstand.” The requested variance would allow for the farmstand to be in front of the principal
structure.
Lot standards are detailed below with the proposed conditions of the lot.
Standard V-N Existing
Conditions
Proposed
Conditions
Minimum Lot Size (sq. ft.)
(Existing Lot of Record) 1.5 4.49 4.49
Buildable Area (ac.) 1.00 3.09 3.09
Lot Frontage (ft.) 100 117.07 117.07
Principal Structure Setbacks (ft.)
Front 50 431.20 431.20
Side 20 108.50
58.70
108.50
58.70
Rear 50 351.20 351.20
Accessory Structure Setbacks (ft.)
Front 20 N/A 50
Side 50 N/A ~133.00
~73.00
Rear 50 N/A ~750.00
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Standard V-N Existing
Conditions
Proposed
Conditions
Maximum Lot Coverage 25% 3% ~3%
The applicant previously proposed a second access from 205th St N to access the proposed
farmstand. The Public Works Director confirmed that a second access would not be permitted.
Staff have included a condition requiring that the farmstand be accessed from the existing
driveway. The applicant stated that they would add a parking pad next to the existing driveway
and proposed farmstand for farmstand customers and visitors.
Sec. 153.300.030 Subd. 1 (O) of the UDC requires that home occupations comply with all of the
standards in italics below, followed by staff analysis:
I. No person other than the residents of the premises and no more than 1 employee not
residing on the premises may be engaged in such home occupation.
No other person and no more than 1 employee shall be employed by the proposed home
occupation.
II. No traffic generated by any home occupation in greater volume than would normally be
expected from a single-family residence is permitted.
The proposed use will generate additional traffic greater than what is normally expected
from a permitted single-family residence. The applicant is requesting a CUP to exceed
this standard. No additional driveway access is permitted, the proposed farmstand shall
be accessed from the existing driveway.
III. Any sign associated with the home occupation must comply with all regulations for signs
as provided by Section [153.400.100].
All signage is required to meet UDC standards, which is recommended as a condition of
approval.
IV. A home occupation with an on-site sewage treatment system must only generate normal
domestic household waste, unless a plan for off-site disposal of the waste is approved by
the City.
The proposed home occupation shall not require any additional utility connections or
upgrades. The existing single-family dwelling is connected to a private septic system.
V. Generation, use or storage of hazardous materials or explosives, creation of radiation or
electrical interference, creation of any nuisance as defined by Subsection [KK] is
prohibited.
The proposed home occupation shall not involve any hazardous materials or nuisances.
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VI. Exterior storage, include outdoor display of storage of goods, equipment, or materials, is
prohibited.
The proposed farmstand would include an outdoor display or storage of goods, which
may be allowed through a conditional use permit. Staff included a condition that if the
outdoor display of goods is not kept in an orderly manner, the CUP may be revoked.
VII. The outdoor display or storage of goods, equipment or materials for the home occupation
is prohibited.
As stated above, the proposed farmstand would include an outdoor display of goods. The
applicant is requesting a CUP to exceed this standard.
VIII. Parking needs generated by the home occupation must be provided on-site.
The applicant shall construct an area to accommodate parking next to the existing
driveway and proposed farmstand. The parking area shall be setback a minimum of 50 ft.
from the front property line.
IX. The home occupation must be carried out within the principal building or accessory
buildings and may not alter or change the exterior character or appearance of the
property.
The proposed home occupation would be carried out within the principal dwelling and an
accessory structure that is less than 120 sq. ft. in size located in front of the principal
structure. The applicant has requested a variance to locate the farmstand in front of the
principal structure.
X. Any home occupation that proposed to exceed the standards or criteria established
herein, provided that such proposed activities are not expressly prohibited within this
UDC, shall obtain a Conditional Use Permit. It shall be the responsibility of the
homeowner to demonstrate that such use is consistent with the uses permitted within the
Table of Uses, and that the use is compatible with the neighborhood and surroundings.
The applicant is requesting a CUP to exceed several of the required performance
standards for a home occupation use in the V-N zoning district.
Conditional Use Permit
Section 153.500.060 Subd. 1.(C)(I) of the Unified Development Code (UDC) lists the general
standards to meet to grant a CUP or IUP. The standards are listed below in italics, followed by
staff’s findings:
a. The proposed use shall be in compliance with the Comprehensive Plan, and shall not
negatively impact public facilities and capital improvement plans.
Goals of the Comprehensive Plan include preserving rural, agricultural character and
encouraging home-based entrepreneurs and businesses. The proposed home occupation
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and accessory structure are consistent with the Comprehensive Plan and will have no
impact on public facilities or capital improvement plans.
b. The establishment, maintenance or operation of the proposed use will promote and
enhance the general public welfare and will not be detrimental to or endanger public
health, safety, or comfort.
The proposed home occupation use is allowed by the Unified Development Code (UDC)
and may exceed the performance standards through a CUP. The proposed home
occupation and accessory structure will not negatively impact the existing use of a single-
family dwelling, or the general public welfare, and will not be detrimental to or endanger
the public health, safety, or comfort. Reasonable conditions of approval can be added as
the City Council determines that it is necessary for the proposed use.
c. The proposed use will not be injurious to the use and enjoyment of other property in the
immediate vicinity for purposes already permitted, nor substantially diminish and impair
property values or scenic views.
The proposed home occupation and accessory structure would not be injurious to the use
and enjoyment of other property in the immediate vicinity for the purposes already
permitted, nor substantially diminish and impair property values or scenic views. The
proposed home occupation shall meet the required front setback, thereby containing all
activity related to the home occupation to the lot.
d. The establishment of the proposed use will not impede the normal and orderly
development and improvement of surrounding property for uses permitted in the district.
The establishment of the proposed use will not impede development or improvement of
surrounding properties.
e. Adequate public facilities and services are available or can be reasonably provided to
accommodate the use which is proposed.
The proposed use will not require connections to city-owned public facilities, utilities, or
services.
f. The proposed use shall conform to the applicable regulations of the district in which it is
located and all other applicable standards of this Chapter.
The proposed home occupation use is consistent with the applicable regulations of the V-
N district with a CUP, except for the location of the accessory structure in front of the
principal structure. A variance is needed for consistency with the UDC standards.
g. The proposed use complies with the general and specific performance standards as
specified by this Chapter.
The requested Conditional Use Permit meets the general and specific performance
standards of the UDC, including the use specific standards established in Sec.
153.300.030 Subd. 1 (O). As required by Sec. 153.200.030 Subd. 6 (A) (II) of the UDC,
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all other standards and regulations of the V-N base zoning district would be met with
variance approval for the proposed location of the accessory structure.
Variance
Section 153.500.060 Subd. 1 (B) establishes the standards for when the City shall approve a
variance and mirrors Minn. Stat. 462.357, subd. 6(2). The variance must be consistent with the
Comprehensive Plan and must be in harmony with the general purpose and intent of this Chapter.
A variance may be granted when enforcement of this Chapter would result in practical
difficulties. To constitute practical difficulties, all three factors of the test must be satisfied.
Variances may be granted when the applicant for the variance establishes that there are practical
difficulties in complying with the zoning ordinance. The practical difficulties test criteria
established by Minnesota Statute and codified in the UDC are listed below in italics followed by
staff’s analysis:
a. The applicant proposes to use the property in a reasonable manner not permitted by this
Chapter.
The proposed use is a reasonable use of the property. A single-family dwelling with an
accessory structure is a permitted use in the V-N district. A home occupation is permitted
and may exceed performance standards with an approved CUP. A home occupation
functioning as a retail farmstand is reasonably expected to be located closer to the road
than allowed by the UDC.
b. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
The proposed use of a single-family dwelling with an accessory structure is a permitted
use in the V-N district. The owners did not create the practical difficulties associated with
the principal structure location and driveway length, which restrict the allowed placement
of an accessory structure on the property and impair the functions of a roadside
farmstand.
c. The variance, if granted, will not alter the essential character of the locality.
If the variance were granted, it would not alter the essential character of the locality. A
roadside farmstand is part of the rural village character of the locality. The proposed
accessory structure location would meet the minimum setback of 50 ft. from the front
property line.
d. Economic conditions alone shall not constitute practical difficulties.
Economic conditions are not the sole factor in the proposed variance.
e. May include, but is not limited to, inadequate access to direct sunlight for solar energy
systems.
The proposed variance is not related to inadequate access to direct sunlight for solar
energy systems.
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f. The proposed variance will not impair an adequate supply of light and air to adjacent
property, or substantially increase the congestion of the public streets, or increase the
danger of fire, or endanger the public safety, or substantially diminish or impair property
values within the neighborhood.
The proposed variance will not impair adequate supply of light and air to adjacent
property, or substantially increase the congestion of the public streets, or increase the
danger of fire, or endanger the public safety, or substantially diminish or impair property
values within the neighborhood.
g. The requested variance is the minimum action required to eliminate the practical
difficulty.
The requested variance is the minimum action required to eliminate the practical
difficulty.
ANALYSIS
Review Comments
The submittal was sent to city staff and other regulatory agencies for review and comment.
Carnelian-Marine-St. Croix Watershed District (CMSCWD)
CMSCWD staff provided the following comment:
This lot was approved for up to 18,528 SF of impervious surfaces as part of the Master
Plan for stormwater management and the through development to-date the owners have
implemented the required stormwater management with minor correction noted in our
last ESC inspection (see attached).
Review of the proposed expansion of the impervious surfaces, does not appear to exceed
this imperious surface threshold and therefore, additional District permitting and ESC
oversight would not be required or occur should the City approve the CUP and variance.
Engineering Department
The City Engineer provided no comment.
Fire Department
The Fire Chief provided no comment.
Public Works Department
The Public Works Director provided the following comment:
I have no issue with the application, as they adhered to an original comment that no
additional driveway would be allowed.
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Staff Analysis
Staff find that the proposed plan is generally consistent with the UDC and Comprehensive Plan.
The proposed use is consistent with the future land use shown in the 2040 Comprehensive Plan
and meets the intent of the V-N zoning district. Staff have reviewed the site plan and application
for consistency with the standards outlined for conditional use permits and find that the request
would meet or exceed the UDC criteria upon variance approval for the proposed accessory
structure location.
Staff also reviewed the site plan and application for consistency with the standards outlined for
variances and find that the practical difficulties have been established by the applicant, and the
requested variance is the minimum action necessary for the home occupation use.
COMMISSION ACTION
The Planning Commission can do one of the following:
1. Recommend approval, with or without conditions, of the attached resolution.
2. Recommend denial, with findings, of the attached resolution.
3. Table the request for further review/study.
Staff recommend that the Planning Commission recommend approval of the requested
conditional use permit. Staff have prepared the above findings and following conditions of
approval for consideration:
1. The location and layout of structures on the lot shall be substantially consistent with
the plans and setbacks submitted to the City and reviewed with this request.
2. Approval of the Conditional Use Permit is contingent on the approval of Resolution
09-16-26-__ Approving a Variance to allow for an accessory structure (farmstand) to
be located in front of the principal structure.
3. Accessory structures on the site shall comply with the standards within the Unified
Development Code, except where deviations are allowed with a variance.
4. No additional screening is required for the accessory structure. Removal of
vegetation, including significant trees, is allowed within the construction zone of the
structure and parking. No significant trees may be removed to increase the visibility
of the structure from the roadway.
5. No other person and no more than 1 employee shall be employed by the proposed
home occupation.
6. The proposed farmstand shall be accessed from the existing driveway on the property.
7. All signage is required to meet Unified Development Code standards.
8. The proposed home occupation shall not involve any hazardous materials or
nuisances.
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9. Outdoor display of goods shall be kept in an orderly manner.
10. Parking for two vehicles shall be accommodated on site. The parking area shall be a
minimum of 50 ft. from the front property line.
11. The applicant shall secure all applicable and necessary permits from all other local,
state, and federal entities prior to work commencing on the site.
12. The Conditional Use Permit shall expire without further action by the Planning
Commission or the City Council, unless the applicant commences the authorized use
within one year of the date of the Conditional Use Permit is issued or extended
through the process described in Sec. 153.500.060 Subd. 1. (C) V. of the Unified
Development Code.
13. The City may revoke the Conditional Use Permit if the conditions of this approval are
not met or are violated.
14. The City may revoke the Conditional Use Permit for the site if all permits and
required work to comply with approvals from other local, state, and federal entities is
not completed.
15. The applicant shall pay all fees and escrows associated with this application.
Staff recommend that the Planning Commission recommend approval of the requested variance.
Staff have prepared the above findings and following conditions of approval for consideration:
1. The location and layout of structures on the lot shall be substantially consistent with the
plans and setbacks submitted to the City and reviewed with this request.
2. Approval of the Variance is contingent on the approval of Resolution 09-16-26-__
Approving a Conditional Use Permit to allow for a home occupation that exceeds the
standards established in the Unified Development Code.
3. No additional screening is required for the accessory structure. Removal of vegetation,
including significant trees is allowed within the construction zone of the structure and
parking. No significant trees may be removed to increase the visibility of the structure
from the roadway.
RECOMMENDATION
Staff recommend that the Planning Commission open a public hearing and receive all comments
regarding the CUP and variance requests.
Staff recommend that the Planning Commission recommend approval of the proposed CUP and
variance:
Motion to recommend approval of the attached resolutions to approve a Conditional Use
Permit to allow for a home occupation that exceeds performance standards and a
Variance to allow an accessory structure in front of the principal structure at 14035 205 th
Street North, with the conditions described by staff within the staff report.
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Attachments
A. Draft Resolution No. 09-15-26-XX CUP
B. Draft Resolution No. 09-15-26-XX Variance
C. Location Map
D. Application
E. Site Plan
F. Narrative
CITY OF SCANDIA, MINNESOTA
RESOLUTION NO. 09-15-26-XX
APPROVING A CONDITIONAL USE PERMIT FOR PID 2203220130009 LOCATED AT
14035 205th STREET NORTH
WHEREAS, Josh and Kayla Loew (the “applicants” and the “owners”) made an
application for a Conditional Use Permit (CUP), to allow for a home occupation that exceeds
performance standards and criteria allowed by right, located at 14035 205 th Street North and the
property legally described as follows:
Lot 5, Block 2, Laurel Ridge, Washington County, Minnesota; and
WHEREAS, Section 153.300.030 (O) of the Unified Development Code (UDC) provides
standards for home occupations, and allows home occupations to exceed the standards allowed by
right through a Conditional Use Permit request; and
WHEREAS, the City of Scandia received a complete application for a CUP to allow a
home occupation to exceed the permitted standards and to construct an accessory structure for the
home occupation use on the property; and
WHEREAS, the proposed accessory structure would include a display and storage of
goods for retail sales from the home occupation use; and
WHEREAS, the proposed CUP would generate increased traffic compared to a permitted
single-family home occupation; and
WHEREAS, the applicant is proposing to add a parking pad to address additional traffic
generated from the proposed home occupation use; and
WHEREAS, the proposed accessory structure would be less than 120 sq. ft. in size and
setback at least 50 ft. from the front property line; and
WHEREAS, the Planning Commission reviewed the request for the Conditional Use
Permit (CUP) at a duly noticed Public Hearing on September 1, 2026, and recommended that the
City Council approve the CUP, with conditions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it approves of a Conditional Use
Permit to allow for the home occupation use which exceeds performance standards and criteria
allowed as a permitted use, located at 14035 205th Street North, based on the following findings:
1. Goals of the Comprehensive Plan include preserving rural, agricultural character and
encouraging home-based entrepreneurs and businesses. The proposed home occupation
and accessory structure are consistent with the Comprehensive Plan and shall have no
impact on public facilities or capital improvement plans.
2. The proposed home occupation use is allowed by the Unified Development Code (UDC)
and may exceed the performance standards through a CUP. The proposed home occupation
and accessory structure shall not negatively impact the existing use of a single-family
dwelling, or the general public welfare, and shall not be detrimental to or endanger the
public health, safety, or comfort. Reasonable conditions of approval can be added as the
City Council determines that it is necessary for the proposed use.
3. The proposed home occupation and accessory structure shall not be injurious to the use
and enjoyment of other property in the immediate vicinity for the purposes already
permitted, nor substantially diminish and impair property values or scenic views. The
proposed home occupation shall meet the required front setback, thereby containing all
activity related to the home occupation to the lot.
4. The establishment of the proposed use shall not impede development or improvement of
surrounding properties.
5. The proposed use shall not require connections to city-owned public facilities, utilities, or
services.
6. The proposed home occupation use shall be consistent with the applicable regulations of
the V-N district with a CUP, except for the location of the accessory structure in front of
the principal structure. A variance is needed to allow for the proposed structure placement.
7. The requested Conditional Use Permit meets the general and specific performance
standards of the UDC, including the use specific standards established in Sec. 153.300.030
Subd. 1 (O). As required by Sec. 153.200.030 Subd. 6 (A) (II) of the UDC, all other
standards and regulations of the V-N base zoning district would be met and the variance
approval for the proposed location of the accessory structure allows the proposed location
in front of the principal structure.
FURTHER BE IT RESOLVED that the following conditions of approval shall be met:
1. The location and layout of structures on the lot shall be substantially consistent with
the plans and setbacks submitted to the City and reviewed with this request.
2. Approval of the Conditional Use Permit is contingent on the approval of Resolution
09-16-26-__ Approving a Variance for PID 2203220130009 Located at 14035 205 th
Street North.
3. Accessory structures on the site shall comply with the standards within the Unified
Development Code, except where deviations are allowed with a variance.
4. No additional screening is required for the accessory structure. Removal of vegetation,
including significant trees, is allowed within the construction zone of the structure and
parking. No significant trees may be removed to increase the visibility of the structure
from the roadway.
5. No other person and no more than one employee shall be employed by the proposed
home occupation.
6. The proposed farmstand shall be accessed from the existing driveway on the property.
7. All signage is required to meet Unified Development Code standards.
8. The proposed home occupation shall not involve or store any hazardous materials or
nuisances.
9. Outdoor display of goods shall be kept in an orderly manner.
10. Parking for two vehicles shall be accommodated on site. The parking area shall be a
minimum of 50 ft. from the front property line.
11. The applicant shall secure all applicable and necessary permits from all other local,
state, and federal entities prior to work commencing on the site.
12. The Conditional Use Permit shall expire without further action by the Planning
Commission or the City Council, unless the applicant commences the authorized use
within one year of the date of the Conditional Use Permit is issued or extended through
the process described in Sec. 153.500.060 Subd. 1. (C) V. of the Unified Development
Code.
13. The City may revoke the Conditional Use Permit if the conditions of this approval are
not met or are violated.
14. The City may revoke the Conditional Use Permit for the site if all permits and required
work to comply with approvals from other local, state, and federal entities is not
completed.
15. The applicant shall pay all fees and escrows associated with this application.
Whereupon, said Resolution is hereby declared adopted on this 15th day of September 2026.
Steve Kronmiller, Mayor
Joshua Loew, Owner
Kayla Loew, Owner
ATTEST:
Kyle Morell, City Administrator
CITY OF SCANDIA, MINNESOTA
RESOLUTION NO. 09-15-26-XX
APPROVING A VARIANCE FOR PID 2203220130009 LOCATED AT 14035 205 TH
STREET NORTH
WHEREAS, Josh and Kayla Loew (the “applicants” and the “owners”) made an
application for a Variance, to allow for an accessory structure to be located in front of the principal
structure, located at 14035 205th Street North and the property legally described as follows:
Lot 5, Block 2, Laurel Ridge, Washington County, Minnesota; and
WHEREAS, the City of Scandia allows accessory structures as a permitted use to
residential dwellings; and
WHEREAS, the City of Scandia received a complete application for a Variance to allow
an accessory structure located in front of the principal structure; and
WHEREAS, the proposed accessory structure would be less than 120 sq. ft. in size and
setback at least 50 ft. from the front property line; and
WHEREAS, the Planning Commission reviewed the request for the Variance at a duly
noticed Public Hearing on September 1, 2026, and recommended that the City Council approve
the Variance, with conditions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it approves a Variance to allow
for an accessory structure to be located in front of the principal structure at 14035 205 th Street
North, based on the following findings:
1. The proposed use is a reasonable use of the property. A single-family dwelling with an
accessory structure is a permitted use in the V-N district. A home occupation is permitted
and may exceed performance standards with an approved CUP. A home occupation
functioning as a retail farmstand is reasonably expected to be located closer to the road
than allowed by the UDC.
2. The proposed use of a single-family dwelling with an accessory structure is a permitted use
in the V-N district. The property owners did not create the practical difficulties associated
with the principal structure location as the home location was determined with the
subdivision of the property. The location of the principal structure, 431.20 from the front
lot line, limits the allowed placement of an accessory structure on the property and impair
the functions of a roadside farmstand.
3. If the variance were granted, it would not alter the essential character of the locality. A
roadside farmstand is part of the rural village character of the locality. The proposed
accessory structure location would meet the minimum structure setback of 50 ft. from the
front property line. Existing vegetation along the right-of-way will be maintained for
screening, limiting the visibility of the structure.
4. Economic conditions are not the sole factor in the proposed variance.
5. The proposed variance is not related to inadequate access to direct sunlight for solar energy
systems.
6. The proposed variance will not impair adequate supply of light and air to adjacent property,
or substantially increase the congestion of the public streets, or increase the danger of fire,
or endanger the public safety, or substantially diminish or impair property values within
the neighborhood.
7. The requested variance is the minimum action required to eliminate the practical difficulty.
FURTHER BE IT RESOLVED that the following conditions of approval shall be met:
1. The location and layout of structures on the lot shall be substantially consistent with the
plans and setbacks submitted to the City and reviewed with this request.
2. Approval of the Variance is contingent on the approval of Resolution 09-16-26-__
Approving a Conditional Use Permit for PID 2203220130009 Located at 14035 205 th
Street North. No additional screening is required for the accessory structure. Removal of
vegetation, including significant trees is allowed within the construction zone of the
structure and parking. No significant trees may be removed to increase the visibility of the
structure from the roadway.
Whereupon, said Resolution is hereby declared adopted on this 15th day of September 2026.
Steve Kronmiller, Mayor
ATTEST:
Kyle Morell, City Administrator
Variance Request and Conditional Use Permit for:
14035 205th St. N,
Scandia, MN 55073
Residents/submitted by: Josh and Kayla Loew
We are submitting a request for a Variance and Conditional Use Permit given the current
zoning restrictions do not allow us to have a farm stand next to the road.
We moved to Scandia in May of this year. We knew no family or friends in the area, but
chose to move here because we wanted to raise our kids in a smaller community and feel
like we could be part of a community where we can plant our roots, and we fell in love with
the area after driving through for the first time about a year ago. We understand that the
new subdivision where we live, Laurel Ridge, was controversial to approve and see vacant
land turned into homes, or risks taking away the rural character. We respect that and
understand that is why our land was rezoned from the previous Rural Residential to Village
Neighborhood, while the rest of the homes around us that have been established remain
zoned Rural Residential.
We learned however that this zoning change does not allow for us to have a farm stand. We
love stopping at farm stands all throughout Scandia and try to buy local as our plan has
always been to be part of this new community. We have met several new people this way
and has helped us feel part of this new community but also helps us teach our girls the
importance of growing food and spending locally. One of the first things we did after moving
in was start a garden, which has since expanded into two larger gardens anticipating we
could also be part of the farm stand community and knowing most things planted can take
anywhere from 90-120 days to germinate. We even went ahead and got our cottage food
registration through the state to be able to sell baked goods at end of our driveway.
However, our excitement quickly came to a halt when we reached out to the city of Scandia
to make sure we are following all of the rules and regulations for our new endeavor. As we
learned, the Village Neighborhood zoning does not allow for a few things, that the previous
Rural Residential did. One, is that any outbuilding whether permanent or temporary is not
allowed to be in the front of the home. This will not work given our driveway is over 600 feet
long so a farmstand would not be visible from the road, and ultimately takes away from the
idea of having a roadside farmstand. This is why we were advised we would need to apply
for a variance request per the current code section 153.500.060:
a. The applicant proposes to use the property in a reasonable manner not permitted by
this Chapter.
b. The plight of the landowner is due to circumstances unique to the property not created
by the landowner.
c. The variance, if granted, will not alter the essential character of the locality.
a. We feel this is not altering the essential character of the locality, given farm
stands are allowed all around us within the rural residential zones, which is every
property that surrounds us and we did not change any plans or alter the site to
accommodate the farm stand, but kept on side of driveway as suggested by the
zoning administrators, public works and city administrator
d. Economic conditions alone shall not constitute practical difficulties.
a. Unsure the relevance to this with our request
e. May include, but is not limited to, inadequate access to direct sunlight for solar
energy systems.
a. Unsure the relevance to this with our request
f. The proposed variance will not impair an adequate supply of light and air to
adjacent property, or substantially increase the congestion of the public streets, or
increase the danger of fire, or endanger the public safety, or substantially diminish
or impair property values within the neighborhood
The farm stand will be <120 sq ft, will not affect neighbors or adjoining
properties based on size or structure.
g. The requested variance is the minimum action required to eliminate the practical
difficulty.
We are not requesting to have a storefront or an area to accommodate more
vehicles or congestion. The request as outlined is the minimum action needed to be able to
have a farm stand located in the newly established village neighborhood, after it was previously
zoned rural residential, as is the homes surrounding the new development.
We were then also advised that if we wanted to have a farm stand, we would need to create
a “Home Occupation” and have this approved. So, we created an LLC called Rooted and
Gathered, which ties into the idea that we want to be rooted in this community and the idea
is to gather with our new neighbors to provide some of these goods we have been also
getting from both our neighbors farmstands and by attending the local Farmer’s Market.
The Home Occupation (per the standards established in 153.300) however also comes
with unanticipated restrictions such as:
I. No traƯic generated by any home occupation in greater volume than would normally
be expected from a single-family residence is permitted.
II. Exterior storage, include outdoor display of storage of goods, equipment, or materials, is
prohibited.
III. The outdoor display or storage of goods, equipment or materials for the home
occupation is prohibited.
This is where we were advised we would need to apply for a Conditional Use Permit, if again we
were to have a farm stand at the side of the road.
Our property is about 4.5 acres, with the house sitting on the latter 3 rd of that acreage away
from the road. However, the first 2/3 rd of the property is wildflowers and vegetation that
replicates what the land looked like before the house was built and remained untouched from
the building process. Per the recommendation from the zoning and city administrator, they
recommend we keep the farmstand on or attached to our driveway. The size of the farmstand
would still meet all the requirements of the current regulations, which include the size would
be less than 120 sq ft, and 50 ft away from the roadside property line.
We do not plan to generate any more traffic than what would normally be expected, as would
be the case with any other farmstand, since it is more of a convenience factor for our neighbors
and those who are already normally driving, walking or even biking by.
Please consider our request as we feel it is a reasonable solution to the current restrictions and
are hopeful to continue planting our roots in our new community.
Sincerely,
Josh and Kayla Loew