5.b PC Resolution 04-03-18-01 recommending approval of variance for front yard setback at 22331 Peabody Trail docxCITY OF SCANDIA, MINNESOTA
PC RESOLUTION NO. 04-03-18-01
APPROVING A VARIANCE FOR 22331 PEABODY TRAIL NORTH
WHEREAS, Sean and Ashley Maloney have made an application for a Variance to
permit the construction of a detached garage closer to Peabody Trail North than the primary
structure on the parcel located at 22331 Peabody Trail North; and
WHEREAS, the property is legally described as follows:
PT W1/2-SWI/4 BEING PT OF N 660FT OF S 1980FT LYING E OF W 660FT
THEREOF SUBJ TO EASE SECTION 12 TOWNSHIP 032 RANGE 020; and
WHEREAS, the Planning Commission reviewed the request for the Variance at a duly
noticed Public Hearing on April 3, 2018; 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 detached garage located a minimum of 100' from the right-of-
way of Peabody Trail North, based on the following findings:
Granting the requested variance is in harmony with the purposes and intent of the
Comprehensive Plan and Development Code based on the following:
• The Comprehensive Plan and official controls permit residential uses in the General
Rural District, including accessory structures such as garages.
• The Comprehensive Plan includes goals to preserve woodlands and rural views. The
proposed location will limit tree removal and grading, and the conditions for approval
require the maintenance of existing screening of the views from Peabody Trail North
and adjacent parcels.
• The City's Engineering Standards permit one driveway access per parcel, and the
proposed garage location will not require a second driveway access.
Resolution No.: 04-03-18-01
Page 2 of 3
2. Single Family Residences and their accessory structures, including detached garages, are
reasonable uses in the GR District.
3. The practical difficulties are caused by the topography of the parcel and the locations of
the existing septic system and well that limit the potential locations for the garage within
a reasonable distance from the home. 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 heavily wooded and is surrounded by wooded parcels that include accessory
buildings. The woodlands on the applicants' parcel and nearby parcels will screen the
proposed garage from view from the adjacent parcels.
5. The practical difficulties are caused by the topography of the parcel and locations of the
existing septic system and well, which limit the potential locations for the garage within a
reasonable distance from the home. 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 detached garage will not increase congestion or endanger public
safety.
7. Construction of the proposed detached garage in a location approximately 100 feet from
the roadway right-of-way in a location that is screened form view from the roadway and
adjacent parcels 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:
1. The applicants shall construct the building consistent with the plans submitted to the City
on February 20, 2018.
2. The applicants shall obtain a building permit for the garage.
3. The garage shall not include a dwelling unit unless it meets the standards for Accessory
Dwelling Units in the City Code. The garage may not be rented, leased, or sold
separately from the sale of the primary single-family dwelling.
4. The garage shall be used for personal use or agricultural use only. No commercial use or
commercial storage use is allowed in the garage.
5. The applicants shall maintain the existing trees and screening along the Peabody Trail
North.
6. The Applicant shall pay all fees and escrows related to this application.
Resolution No.: 04-03-18-01
Page 3 of 3
Adopted by the Scandia Planning Commission this Yd day of April, 2018.
Dan Squyres, Chair
ATTEST:
Neil Soltis, Administrator/Clerk