8.b4c Resolution No. 2021-15 Staub Variance
CITY OF SCANDIA, MINNESOTA
CC RESOLUTION NO. 2021-15
APPROVING VARIANCE FOR PARCEL 30.032.19.13.0003
LOCATED AT 16970 197TH STREET NORTH
WHEREAS, Mark Holloway, on behalf of Nancy Staub, has made an application for a
variance for an alteration/remodel of a non-conforming residential structure exceeding 50% of
value, on property identified as PID 30.032.19.13.0003; and
WHEREAS, the property is legally described as follows:
BEGINNING AT SOUTHEASTERLY CORNER OF LOT 7 BLOCK 21 THEN
NORTHERLY ALONG WESTERLY LINE OF SUBDIVISION RESERVED FOR
MILLS TO SOUTHEAST CORNER OF LOT 3 BLOCK 21 THEN EASTERLY ON
LINE PARALLEL W/ NORTH LINE OF SUBDIVISION RES FOR MILLS TO ST
CROIX RIVER THEN SOUTHERLY ALONG SAID RIVER TO POINT EASTERLY
FROM POINT OF BEGINNING ON LINE PARALLEL W/ SAID NORTH LINE THEN
WESTERLY TO POINT OF BEGINNING. REVISION OF VASA SUBDIVISION CD
91655 RESERVED FOR MILLS
WHEREAS, the Planning Commission reviewed the request for a Variance at a duly
noticed Public Hearing on April 6, 2021, and recommended that the City Council approve the
variances with conditions;
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 for an alteration/remodel of a non-conforming residential
structure exceeding 50% of value, for the existing non-conforming residential structure at 197th
Street North, based on the following findings:
1. The proposed house is not meeting current setbacks and is nonconforming, which is
why a variance is required for this project. The remodel of an existing house would
not be out of line with the Comprehensive Plan. The request is in general harmony
with the Comprehensive Plan and Development Code.
2. This current use of the property is single-family residential, which would not change
if this variance request is approved. The property is in the AG C and St Croix River
overlay zoning districts, which permit single-family residential use. Proposing to
continue to use the property for residential use is a reasonable use.
3. The practical difficulties are due to the house being nonconforming and not meeting
the minimum setbacks required. The lot itself also does not meet the minimum lot
size, or buildable area (1 acre) requirements of the underlying zoning district and the
CC Resolution No.: 2021-15
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overlay. The nonconformities were not created by the landowner. This lot was legally
created long before the current regulations were adopted, as was the house. The
practical difficulties of the lot being non-conforming are not caused by the current
landowner and are unique to the property.
4. The proposed variance would be for an interior alteration, which would not be
impacting the character of the area. The use and function of the property would be
residential, as is the use of other nearby lots in the area. Granting the variance would
not alter the essential character of the area.
5. The practical difficulties are related to the existing structure not meeting the current
setbacks required by the code. The practical difficulties are not only economic in
nature.
6. Granting the requested variances would not result in limiting light or air to
neighboring properties. The land use will still be single-family residential, so
increases to congestion, fire danger, or public safety are not expected. The property
values of neighboring values would not be negatively impacted, either, if the
requested variances are granted. The requested variances will not impair the supply of
light or air to adjacent properties, increase congestion, endanger the public, or
substantially diminish or impair property values in the neighborhood.
7. It does not appear there is a ‘more minimal’ action that could be taken to eliminate
the difficulty of the house not meeting setbacks. The proposed alterations are interior
in nature. Since these interior renovations would not result in adding more house into
a required setback area, and the lot is already substandard in size, it would not be
reasonable to require moving the structure outside of setback areas. The requested
variance is the minimum action required to eliminate the practical difficulty.
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. The applicant shall secure any other applicable Federal, State, County, and local
permits required for the project.
2. The property owner shall combine any contiguous parcels under their ownership
together.
3. The applicant shall pay all fees and escrows associated with this application.
CC Resolution No.: 2021-15
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Adopted by the Scandia City Council this 20th day of April, 2021.
______________________________
Christine Maefsky, Mayor
ATTEST:
Ken Cammilleri, Administrator