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7.b 2 Resolution 07-18-17-02 approving a variance from the front setback for an accessory structure - 21203 Lofton Ave. CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 07-18-17-02 APPROVING A VARIANCE FOR 21203 LOFTON AVENUE NORTH WHEREAS, Kevin and Anna Gonzalez have made an application for a Variance to permit the construction of an accessory building closer to the Lofton Avenue right-of-way than the primary structure on the parcel; and WHEREAS, the property is legally described as follows: SW ¼-SE ¼ EXCEPT PT BEG AT PT ON E LN SD ¼- ¼ WHERE NLY R/W LN HWY 97 INTERS SD E LN THN N ALG E LN OF SD ¼- ¼ DIST OF 181 FT THN W AT RT ANG DIST 208.71 FT THN S AT RT ANG 236.4 FT TO SD NLY R/W LN OF SD HWY THN ELY ALG SD R/W LN TO POB. ALSO EXC: THAT PT THEREOF THAT LIES S OF HWY 97 & E OF LOFTON AVE N SUBJ TO EASE SECTION 17 TOWNSHP 032 RANGE 020; and WHEREAS, the Planning Commission reviewed the request for the Variance at a duly noticed Public Hearing on July 11, 2017, and recommended approval of the Variance, with conditions; and NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does recommend approval of a variance to allow construction of a 40’ x 50’ accessory building located a minimum of 78’ from the right-of-way of Lofton Avenue North and a minimum of 27’ from the northern property boundary of the parcel located at 21203 Lofton Avenue North, based on the following findings: 1. Granting the requested variance is in harmony with the purposes and intent of the Comprehensive Plan and Development Code because the proposed use is consistent with the official controls, granting the variance will protect the woodlands and wetlands on the parcel in harmony with goals in the Comprehensive Plan, the proposed location of the accessory building is screened to protect views from Lofton Avenue North in compliance Resolution No.: 07-18-17-02 Page 2 of 3 with the official controls, and permitting the accessory building is consistent with goals of the Exterior Structures standards in the Development Code. 2. The proposed single-family residential use and accessory structure is a reasonable use of the property under the Development Code. 3. The practical difficulties are caused by the location of the woodlands and wetlands on the parcel, and were not created by the property owner. 4. The proposed structure is consistent with the essential character of the surrounding General Rural District. 5. The request is based on the physical conditions of the property, including the location of mature woodlands and wetlands, not economic conditions. 6. The proposed variance will not impair an adequate supply of light and air to adjacent properties, substantially increase the congestion of public streets, increase the danger of fire or endanger public safety or substantially diminish or impair property values in the neighborhood. 7. The requested variance is the minimum needed to eliminate the practical difficulties and construct the accessory building in a location that meets the dimensional standards of the Development Code. 8. The practical difficulty was not related to inadequate access to direct sunlight for solar energy systems. FURTHER BE IT RESOLVED, that the following conditions of approval shall be met: 1. The location and construction of the accessory building shall be in substantial compliance with the plans submitted to the City on May 11, 2017. 2. The applicants shall obtain a building permit for the accessory building. 3. The applicants shall obtain a land alteration and grading permit from the City if the area that will be disturbed for construction exceeds 1,000 square feet. 4. The applicants shall maintain the existing trees and screening along the Lofton Avenue North right-of-way. 5. The applicants shall coordinate the color of the exterior building materials of the accessory structure with the colors of the primary structure. 6. The applicants shall pay all fees and escrows associated with their application. Resolution No.: 07-18-17-02 Page 3 of 3 Adopted by the Scandia City Council this 18th day of July, 2017. ______________________________ Christine Maefsky, Mayor ATTEST: _________________________________ Neil Soltis, Administrator/Clerk