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7.b)2) Resolution 10-20-15-02 Amundson Variance docxCITY OF SCANDIA, MINNESOTA RESOLUTION NO. 10-20-15-02 APPROVING VARIANCE FOR 20575 ST. CROIX TRAIL NORTH WHEREAS, Greg Amundson has made an application for a Variance from the 100-foot setback requirement from all parcel boundaries that is required for structures that house domestic farm animals, to construct a new horse barn at 20575 St. Croix Trail North; and WHEREAS, the property is legally described as follows: That part of the West Half of the Northwest Quarter of Section 19, Township 32 North, Range 19 West, Washington County, Minnesota, described as follows: Commencing at the southwest corner of said West Half of the Northwest Quarter; thence on an azimuth from north of 89 degrees 54 minutes 11 seconds, oriented to the Washington County Coordinate System, NAD 83, along the south line of said West Half of the Northwest Quarter, a distance of 1424.31 feet to the southeast corner of said West Half of the Northwest Quarter; thence on an azimuth of 0 degrees 41 minutes 46 seconds along the east line of said West Half of the Northwest Quarter a distance of 726.66 feet to the point of beginning; thence on an azimuth of 228 degrees 41 minutes 46 seconds a distance of 264.00 feet; thence on an azimuth of 180 degrees 41 minutes 46 seconds a distance of 52.14 feet; thence on an azimuth of 270 degrees 41 minutes 46 seconds a distance of 705.62 feet to a point on the east line of the west 528.00 feet (32 rods) of said West Half of the Northwest Quarter; thence on an azimuth of 0 degrees 03 minutes 07 seconds, along said east line 509.03 feet; thence on azimuth of 90 degrees 41 minutes 46 seconds a distance of 315.75 feet; thence on an azimuth of 32 degrees 59 minutes 56 seconds a distance of 431.24 feet to the centerline of county Road No. 53; thence on an azimuth of 129 degrees 34 minutes 04 seconds, along said center line, 464.11 feet to the east line of said West Half of the Northwest Quarter, thence on an azimuth of 180 degrees 41 minutes 46 seconds, along said east line, a distance of 353.45 feet to the point of beginning and there terminating; and WHEREAS, the Planning Commission reviewed the request for the Variance at a duly noticed Public Hearing on October 6, 2015, 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 to permit construction of a new horse barn that is 40'x56' by 16 feet in height at a location that is a minimum of 50 feet from the south parcel boundary of the parcel at 20575 St. Croix Trail North, based on the following findings: Resolution No.: 10-20-15-02 Page 2 of 4 The request is in harmony with the general purposes and intent of the official controls. The Comprehensive Plan and Development Code support agricultural uses in the General Rural District, including horse and hobby farms. The code includes a 100-foot setback requirement for agricultural structures in order to manage the potential impacts of animal waste, odors and noise on residential uses. The nearest residential structure from the proposed structure is over 600 feet from the proposed barn. The water body at the base of the slope area is classified as an "incidental" wetland, and is not subject to the requirements of the Wetland Conservation Act or the City's wetland buffer requirement. The property is landlocked, and runoff from the parcel will not impact the St. Croix River or other water bodies. The Code permits accessory structures for agricultural uses in the GR District. 2. The proposed use is reasonable under the conditions allowed by the Development Code. Agricultural structures are permitted, and therefore reasonable, uses in the General Rural District. 3. The practical difficulties are unique to the property and were not created by the applicant. The practical difficulties include the extensive steep slopes on the parcel that are the result of its previous use as a gravel mine. The proposed location maintains the widest possible setbacks from the property boundary, while placing the structure outside the steep slope areas of the former gravel pit and the slopes along TH 95. The proposed location maintains the required front and rear setbacks, and the setbacks from the existing home and well. 4. Granting the variance would not alter the essential character of the area. The applicant's parcel is adjacent to agricultural fields to the south, and larger rural lots to the west, north and south. Many of the parcels have accessory structures, and are screened from view of the proposed barn by woods. There is an existing row of homes on 205th Street to the southeast of the proposed barn location. The closest home is approximately 600 feet from the proposed barn. Areas to the west and south of the proposed barn on the applicant's parcel include mature trees that will screen the structure from views from adjacent uses. 5. The practical difficulties are not only economic in nature. The practical difficulties are related to the extensive slope areas on the parcel that resulted from restoration of the previous gravel pit use on the parcel. 6. The addition of the barn on the parcel will not impair the supply of light or air to adjacent properties. With the required conditions, the addition of the barn 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. The variance permits construction of the barn in a location that is setback as far as possible from property boundaries and wetland while addressing the ordinance Resolution No.: 10-20-15-02 Page 3 of 4 requirement that it not be located on slopes greater than 13%. The location meets the other setback requirements in the Development Code. . 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 shall be consistent with the plans submitted to the City on September 14, 2015. 2. The applicant shall obtain a building permit from the City. 3. The barn may be used for personal use or agricultural use only. No commercial use or commercially -related storage is permitted in the barn. 4. All manure or other waste related to the barn use shall be stored outside the required 100- foot structure setback. 5. The applicant shall maintain the existing mature trees to the west and south of the proposed barn to provide screening for the structure. 6. The applicant shall obtain a Grading/Land Alteration Permit, and shall include the items required by the City Engineer in his letter dated September 17 in the application for the permit, including the following:. Erosion and sediment control plan. Existing 12-inch corrugated metal culvert shown on the survey currently drains right to the southwest corner of the proposed building. Final plans should include a site plan showing grading and pipe relocation to ensure drainage has been redirected way from the foundation of the proposed structure. The final plans should include a bituminous or concrete driveway apron that will be constructed where the driveway meets 205th Street north, and minor grading to drain the gravel portion of the driveway to the adjacent grass area. Final grading plan shall be completed to reduce the potential of erosion and provide adequate slope around the proposed building. Recommend that the Owner submit geotechnical soil information within the area of the proposed building for further review to determine if any potential soil correction or reinforcement may be necessary in the event that poor soils are encountered. All site work shall be in compliance with the Carnelian -Marine -St. Croix Watershed District rules. 7. The Applicant shall maintain an unmown vegetated buffer around the pond on the parcel. 8. The Applicant shall comply with manure management recommendations provided by Washington Conservation District staff. 9. The Applicant shall pay all fees and escrows associated with this application. Resolution No.: 10-20-15-02 Page 4 of 4 Adopted by the Scandia City Council this 20th day of October, 2015. Randall Simonson, Mayor ATTEST: Brenda Eklund, Clerk