Loading...
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