9.j) Resolution 12-16-14-06 Rodsjo Variance Denial for Height
CITY OF SCANDIA, MINNESOTA
RESOLUTION NO. 12-16-14-06
DENYING A VARIANCE FOR 21450 POMROY AVENUE NORTH
WHEREAS,
Paul and Susan Rodsjo have made an application for a Variance from the
requirement that the maximum building height permitted in the General Rural District is 35 feet
in order to place the Hilltop Tower Barn, which has a total height of 50.5 feet, 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 to the City Council; and the City Council reviewed the
proposed amendments at their meetings on November 18 and December 3, and did not approve
the amendments; 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 deny a Variance to permit placement of an accessory structure (Hilltop Tower
Barn) that is 50.5 feet in height, and exceeds the maximum 35-foot building height permitted by
the City’s Development Code, on the property 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 building and structure” 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.
Resolution No.: 12-16-14-06
Page 2 of 2
3.The practical difficulties are not unique to the property and were created by the applicant.
The same issues related to building height would occur on any parcel in the city where
the structure would exceed the height permitted in the zoning district, and are created by
the applicant’s desire to move the structure to their property, rather than by circumstances
that are unique to the property. The variance criteria requiring “Uniqueness” relates to
the unique physical characteristics of the particular piece of property, such as the location
of wetlands or slopes, and not to the personal preferences of the landowner.
4.Granting the variance would alter the essential character of the area. The structure will be
significantly taller than other structures in the area, and may not be screened year-round
by existing vegetation.
5.The practical difficulties are not only economic in nature. The practical difficulties are
related to the applicants’ desire to save and re-use a historic structure.
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 not the minimum action required to eliminate the
practical difficulty. The City would need to change the height requirements in its
ordinance in order to eliminate the practical difficulty related to the height of the
building.
8.The variance is not related to a need for direct sunlight for solar energy systems.
th
Adopted by the Scandia City Council this 16 Day of December, 2014.
______________________________
Randall Simonson, Mayor
ATTEST:
_________________________________
Kristina Handt, Administrator/Clerk