7.b1 Resolution No. 8.20.19.01 Smith Variance
CITY OF SCANDIA, MINNESOTA
CITY COUNCIL RESOLUTION NO. 08-20-19-01
APPROVING A VARIANCE FOR PARCEL 34.032.20.24.0026
LOCATED AT 18640 OLINDA TRAIL NORTH
WHEREAS, Marschall Smith has made an application for a Variance from the 200 foot
setback requirement from the road right-of-way to construct an accessory dwelling unit at 18640
Olinda Trail North on property identified as PID 34.032.20.24.0026; and
WHEREAS, the property is legally described as follows:
THAT PT OF GOV LOTS 2 & 3 SD SEC 34 DESC AS FOLL: BEG AT PT ON N-S1/4 LN SEC 34 SD
PT BEING 33FT N OF CTR OF SEC 34 THN N90DEG00'W PARL TO S LN OF SD GOV LOT 3,
423FT THN N 50 DEG00'W 256FT THN N90DEG00'W 72FT THN N00DEG00'E 335FT THN
N10DEG00'W 108FT THN N13DEG00' W 108FT THN N24DEG30'W 125FT THN N00DEG00'E TO
THE SLY SHORE OF MARINE BAY THN ELY & NLY ALG THE SLY & ELY LN OF SD SHORE
TO PT LYING 1260FT S OF & MEASUR AT RT ANG TO N LN OF SD GOV LOT 2 THN E PAR
TO & 1260FT DIS FROM THE N LN OF SD LOT 2 TO THE E LN OF SD LOT 2 (N-S1/4 LN SD
SEC34) THN S ALG THE N-S1/4 LN OF SD SEC34 TO THE POB-SUBJ TO ROAD EASEMTS
SECTION 34 TOWNSHIP 032 RANGE 020
WHEREAS, the Planning Commission reviewed the request for the Variance at a duly
noticed Public Hearing on August 6, 2019, and recommended that the City Council approve the
variance with conditions;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it approves
a Variance to permit construction of an accessory dwelling unit 138 feet from the road right-of-
way at 18640 Olinda Trail North, based on the following findings:
1. The proposed secondary dwelling unit is in harmony with the Comprehensive Plan and
general purposes and intent of the Plan and Development Code. The Comprehensive
Plan includes policies that allow residential and related accessory uses in the General
Rural District and Shoreland Overlay District.
2. The property owner proposes to use the property in a reasonable manner under the
conditions allowed by official control(s). Single-family residences and secondary
dwellings are permitted in the General Rural District and Shoreland District, and are a
reasonable use on the parcel.
3. The practical difficulties are not caused by the landowner, and are unique to the propert y.
The practical difficulties are unique to the property, and include the current grouping and
look of accessory buildings around the farmyard, and the location of large trees and
Scandia City Council Resolution No.: 08-10-19-01
Page 2 of 3
slopes which limit location options. The applicant did not create these practical
difficulties.
4. The variance would not alter the essential character of the area.
5. Granting the variance would not alter the character of the area. The proposed location of
the secondary dwelling is further back from the right-of-way than some other accessory
structures and fits into the existing grouping of buildings that sit between the road and the
primary residence. The location of the building is compatible with the farmstead look of
this agricultural property.
6. Economic conditions alone shall not constitute practical difficulties. The practical
difficulties are not related to economic conditions alone. They are related to the existing
form and placement of farmhouse and accessory structures on the site, keeping those
building near the primary residence and on flat ground far from the lake shore and away
from the tillable land area.
7. The proposed variance will not impair an adequate supply of light and air to adjacent
property, or substantially increase the congestion of the public streets, or increase the
danger of fire, or endanger the public safety, or substantially diminish or impair property
values within the neighborhood.
8. The requested variance is the minimum action required to eliminate the practical
difficulty. It is a modest action to keep the secondary residence away from the sloped
areas of the site and near the grouping of other farm structures.
9. Practical difficulties include, but are not limited to, inadequate access to direct sunlight
for solar energy systems. 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. The location of the accessory dwelling shall be consistent with the plans submitted to the
City on June 21, 2019.
2. The applicant shall obtain all other permits as required for adding an accessory dwelling
unit on the property.
3. The accessory dwelling shall be served by well and septic in accordance with all state,
county and city requirements.
4. The applicant shall pay all fees and escrows associated with the variance application.
Scandia City Council Resolution No.: 08-10-19-01
Page 3 of 3
Adopted by the Scandia City Council this 20th day of August, 2019.
_________________________________
Christine Maefsky, Mayor
ATTEST:
_________________________________
Brenda Eklund, City Clerk