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7.b Resolution 07-11-17-04 recommending variance from front yard setback for solar panels at 15610 PilarCITY OF SCANDIA, MINNESOTA PC RESOLUTION NO. 07-11-17-04 APPROVING A VARIANCE FOR 15610 PILAR ROAD NORTH WHEREAS, Jeff and Paula Sandstrom have made an application for a Variance to permit the construction of an accessory solar energy structure closer to Pilar Road North than the primary structure on the parcel; and WHEREAS, the property is legally described as follows: ALL THAT PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 32 NORTH, RANGE 20 WEST, WASHINGTON COUNTY, MINNESOTA THAT LIES NORTHEASTERLY AND EASTERLY OF THE CENTERLINE OF PILAR ROAD NORTH. SAID CENTERLINE IS DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE SOUTH 89 DEGREES 47 MINUTES 07 SECONDS EAST, BEARINGS ARE BASED ON THE WASHINGTON COUNTY COORDINATE SYSTEM, NAD 83, 1986 ADJUSTMENT, ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, A DISTANCE OF 686.82 FEET TO ITS INTERSECTION WITH SAID CENTERLINE OF PILAR ROAD NORTH AND TO THE POINT OF BEGINNING OF SAID CENTERLINE TO BE DESRIBED; THENCE NORTHWESTERLY A DISTANCE OF 466.03 FEET ALONG A CURVE NON TANGENTIAL WITH THE LAST DESCRIBED LINE, SAID CURVE IS CONCAVE TO THE NORTHEAST, HAS A RADIUS OF 5618.52 FEET, A CENTRAL ANGLE OF 04 DEGREES 45 MINUTES 09 SECONDS; AND THE CHORD OF SAID CURVE BEARS NORTH 27 DEGREES 45 MINUTES 09 SECONDS WEST; THENCE NORTH 25 DEGREES 23 MINUTES 35 SECONDS WEST, TANGENT TO SAID CURVE, A DISTANCE OF 163.06 FEET; THENCE NORTHWESTERLY AND NORTHERLY A DISTRANCE OF 401.26 FEET ALONG A TANGENTIAL CURVE, SAID CURVE IS CONCAVE TO THE NORTHEAST, HAS A RADIUS OF 709.25 FEET AND A CENTRAL ANGLE OF 32 DEGREES 24 MINUTES 55 SECONDS; THENCE NORTH 07 DEGEES 01 MINUTES 20 SECONDS EAST, TANGENT TO SAID CURVE, A DISTANCE OF 236.43 FEET; THENCE NORTHERLY A DISTANCE OF 138.67 FEET ALONG A TANGENTIAL Resolution No.: 07-11-17-04 Page 2 of 3 CURE, SAID CURVE IS CONCAVE TO THE WEST, HAS A RADIOUS OF 355.00 FEET AND CENTRAL ANGLE OF 22 DEGREES 22 MINUTES 54 SECONDS, AND THE CHORD OF SAID CURVE BEARS NORTH 04 DEGREES 10 MINUTES 09 SECONDS WEST TO ITS 1NTERSECTIONWITH A POINT ON THE NORTH LINE OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AS MEASURED ALONG SAID NORTH LINE AND SAID CENTERLINE THERE TERMINATING. THIS PARCEL CONTAINS 26.054 ACRES, MORE OR LESS, AND IS SUBJECT TO THE RIGHT-OF-WAY OF PILAR ROAD NORTH, SECTION 12 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 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 the variance to allow construction of an accessory solar array located a minimum of 73' from the centerline of Pilar Road North and related utilities located a minimum of 43' from the centerline of Pilar Road 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 based on the following: • The proposed accessory solar energy system is consistent with the Comprehensive Plan goals and policies to encourage alternative energy sources. The proposed location between the house and roadway is the only location on the property that will provide adequate access to sunlight to operate the solar energy system successfully. • The Comprehensive Plan includes goals to preserve woodlands and wetlands, and the proposed solar array location is consistent with those goals. A location farther from the roadway that the primary structure would impact the woodlands or wetlands on the parcel. 2. Single Family Residences and their accessory structures, including accessory solar energy systems, are reasonable uses in the GR District. 3. The practical difficulties are caused by the need for a location where the solar energy system can access sufficient sunlight to be viable, and the heavily wooded nature of the parcel limits the proposed location to the meadow area between the roadway and the primary structure. The conditions were not created by the landowner. 4. Granting the variance would not alter the essential character of the area. The applicants' property is surrounded by wooded parcels that include accessory buildings. The woodlands on the applicants' parcel and nearby parcels will screen the proposed solar array from view from the adjacent parcels. The existing and proposed trees along Pilar Road North will screen the array from view from the public roadway. Resolution No.: 07-11-17-04 Page 3 of 3 5. The practical difficulties are caused by the location of the existing woodlands and wetland on the parcel. The only location that provides the necessary access to sunlight so that the solar energy system can operate successfully is closer to the roadway that the primary structure. The difficulties are not related solely to economic conditions. 6. The proposed variance will not impair the supply of light or air to adjacent properties. The addition of the accessory solar array will not increase congestion or endanger public safety. 7. Construction of the proposed solar array in a location that meets the structure setback requirements and provides adequate access to direct sunlight for the solar energy system is the minimum action needed to eliminate the practical difficulty. 8. Granting the variance will provide adequate access to direct sunlight for solar energy systems. FURTHER BE IT RESOLVED, that the following conditions of approval shall be met: The applicants shall revise the site plan to locate the solar array a minimum of 73' from the centerline of Pilar Road North and to locate the utility equipment for the solar array a minimum of 43' from the centerline of Pilar Road North. 2. The applicants shall dedicate a 40' public right-of-way and 10' drainage and utility easements along Pilar Road North to the City of Scandia. 3. Any new electrical service line needed for the solar energy system shall be aligned as requested by the City Engineer in his memo dated June 22, 2017. 4. The applicants shall maintain the existing trees and screening along the Pilar Road North right-of-way. 5. The Applicant shall pay all fees and escrows related to this application. Adopted by the Scandia Planning Commission this 11 th day of July, 2017. Dan Squyres, Chair ATTEST: Neil Soltis, Administrator/Clerk