Loading...
7.a)2) Res 07-15-14-04 Gacek Variance CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 07-15-14-04 APPROVING A VARIANCE FOR 12680 SCANDIA TRAIL NORTH WHEREAS, Jeffrey A. Gacek has made an application for a Variance to locate a detached garage closer to Scandia Trail North than the primary structure on a parcel located 12680 Scandia Trail North; and WHEREAS, the property is legally described as follows: Section 16 Township 032 Range 020 SW1/4-NE1/4-SW1/4 Subj to Road Easement; and WHEREAS, the Planning Commission reviewed the request for the Variance at a duly noticed Public Hearing on July 1, 2014, determined that it meets the Development Code criteria for granting the variance, 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 approve a variance from the requirement that the accessory structure be located no closer to the roadway than the primary structure on the property located at 12680 Scandia Trail North, to allow construction of a garage approximately 140 feet from the roadway, based on the following findings: 1. The Comprehensive Plan and Development Code support single-family residential uses in the Agriculture Core District. The Plan supports long-term agricultural use and the maintenance of rural views in the District. The applicant is seeking to maintain the traditional farmstead organization and appearance of the property. The request is consistent with the general intent of the Comprehensive Plan and Development Code. 2. Single-family residences and accessory structures are reasonable uses in the Agriculture Core District. Resolution No.: 07-15-14-04 Page 2 of 3 3. The practical difficulties are related to placement of the existing home, septic system, drain field, barn, and mature trees on the parcel. The practical difficulties were not created by the applicant. 4. Other properties in the area include similar accessory structures, typically located in a cluster arrangement with the primary structure. Granting the variance would not alter the essential character of the area. 5. The practical difficulties are related to the location of the existing structures, septic system and mature trees on the parcel, and the need to locate the garage close to the primary structure. The practical difficulties are not only economic in nature. 6. The proposed variance will not impair the supply of light or air to adjacent properties. It will not increase congestion, endanger the public, or substantially diminish or impair property values in the neighborhood. 7. Granting the variance will provide a location adjacent to the home that will be setback approximately 140 feet from the right-of-way of Scandia Trail. The garage cannot be located on the north, west or east sides of the home due to the location of the existing septic system and drain field, existing barn and well. A location further to the north would impact existing mature trees that screen and shelter the farmstead. The proposed location will be screened from views from Scandia Trail North by existing trees. Granting the variance is therefore the minimum action required to eliminate the practical difficulty. 8. The variance is not related to a need for direct sunlight for solar energy systems. FURTHER BE IT RESOLVED that the following conditions of approval shall be met: 1. Development of the property and the design of the structure shall be consistent with the plans provided to the City on May 7, 2014. 2. The applicant shall obtain a building permit from the City. 3. The existing screening shall be maintained between the garage and Scandia Trail North. 4. The applicant shall combine the 10-acre parcel where the garage will be located with the adjacent 30-acre parcel under the same ownership to create 2 20-acre parcels or one 40- acre parcel, before he submits the building permit application to the City. 5. The Applicant shall pay all fees and escrows associated with this application. Resolution No.: 07-15-14-04 Page 3 of 3 Adopted by the Scandia City Council this 15th day of July, 2014. ______________________________ Randall Simonson, Mayor ATTEST: _________________________________ Kristina Handt, Administrator/Clerk