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5.a) Res 11-05-14-01 Rodsjo Variance CITY OF SCANDIA, MINNESOTA PC RESOLUTION NO. 11-05-14-01 APPROVING A VARIANCE FOR 21450 POMROY AVENUE NORTH WHEREAS, Paul and Susan Rodsjo have made an application for a Variance from the requirement that accessory structures be located no closer to the road right-of-way than the principal structure in order to place the Hilltop Tower Barn on their property in a location that is closer to Pomroy Avenue than the home on their property at 21450 Pomroy Avenue North; and WHEREAS, the property is legally described as follows: Troll Landa Lot 1, Block 2; and WHEREAS, the Planning Commission reviewed the request for the Variance at a duly noticed Public Hearing on October 7, 2014, tabled the request to permit consideration of ordinance amendments related to the request to permit the structure to exceed the height permitted by the Development Code, and recommended approval of the ordinance amendments at their meeting on November 5, 2014; 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 approval of a Variance to permit placement of an accessory structure (Hilltop Tower Barn) approximately 250 feet from the roadway right-of-way on the parcel at 21450 Pomroy Avenue North, based on the following findings: 1. The request is in harmony with the general purposes and intent of the official controls. The Comprehensive Plan and Development Code support single-family residential uses and related accessory uses in the General Rural district. The Comprehensive Plan supports the preservation of historic structures in Scandia, and the Hilltop Tower Barn is consistent with the definition of “historic buildings and structures” in the Development Code. 2. The proposed use is reasonable under the conditions allowed by the Development Code. Single-family residences and related accessory structures are reasonable uses in the General Rural District. The City supports accessory structures that provide storage for equipment and personal property, to maintain the appearance of neighborhoods in Scandia. 3. The practical difficulties are unique to the property and were not created by the applicant. Resolution No.: 11-05-14-01 Page 2 of 2 The practical difficulties are created by the location of the existing home, septic system, and intermittent stream on the parcel. 4. Granting the variance would not alter the essential character of the area. Other properties in the area include single-family homes and accessory structure with similar setbacks from the roadway. 5. The practical difficulties are not only economic in nature. The practical difficulties are related to the location of the existing home, septic system, and intermittent stream on the parcel. 6. The proposed location of the accessory structure 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 requested variance is the minimum action required to eliminate the practical difficulty. Granting the variance for the proposed location of the structure meets the setback requirements, avoids the septic system and stream, and places the structure in a location that will be screened from the roadway and neighboring parcels. 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. Placement and exterior finishing of the Hilltop Tower Barn shall be consistent with the plans, materials, and colors proposed in the application submitted to the City on September 13, 2014. 2. The applicants shall obtain a building permit from the City to move the structure. 3. The structure shall be used for personal or agricultural use only. No commercial use or commercial-related storage is allowed in the structure. 4. The Applicant shall pay all fees and escrows associated with this application. Adopted by the Scandia Planning Commission this 5th Day of November, 2014. ______________________________ Christine Maefsky, Chair ATTEST: _________________________________ Kristina Handt, Administrator/Clerk