6.c PC Resolution No. 2021-07 Melcher Variance
CITY OF SCANDIA, MINNESOTA
PC RESOLUTION NO. 2021-07
APPROVING VARIANCE FOR PARCEL 33.032.20.44.0004
LOCATED AT 12620 181ST STREET NORTH
WHEREAS, Forrest and Natalie Melcher have made an application for a variance to
construct a detached garage within the front yard setback and closer to the right-of-way than the
house, and to construct an accessory structure exceeding the requirements permitted for parcels
between 1 and 3 acres in size, on property identified as PID 33.032.20.44.0004; and
WHEREAS, the property is legally described as follows:
HARDWOOD HILLS Lot 1 Block 1 Subdivision Cd 91280 SUBJECT TO EASEMENT
WHEREAS, the Planning Commission reviewed the request for the Variances at a duly
noticed Public Hearing on May 4, 2021, and recommended that the City Council approve the
variances with conditions;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE PLANNING
COMMISSION OF THE CITY OF SCANDIA, WASHINGTON COUNTY,
MINNESOTA, that it should and hereby does recommend that the City Council approve a
variance to construct a detached garage within the front yard setback and closer to the right-of-
way than the house, and to construct an accessory structure exceeding the requirements permitted
for parcels between 1 and 3 acres in size at 12620 181st Street North, based on the following
findings:
1. The Comprehensive Plan does identify the area as having ‘outstanding ecological
quality’; the proposed location within the front setback would be less intrusive than
other conforming spots on this property. The request is in general harmony with the
Comprehensive Plan and Development Code.
2. The current use of the property is single-family residential, which would not change if
this variance request is approved. Proposing to continue to use the property for
residential use is a reasonable use.
3. The practical difficulties are due to the current house being nonconforming, as well as
the location of the existing septic system. Based off the current code requirements,
this proposed structure would need to be to the side or rear of the house. This is
difficult to do without a variance of some kind, based off the location of the house
and septic. The practical difficulties of the lot being non-conforming are not caused
by the current landowner and are unique to the property.
PC Resolution No.: 2021-07
Page 2 of 3
4. The use and function of the property would remain residential, as is the use of other
nearby lots in the area. The roadway terminates near where the structure would be
built. The addition of a new structure may stand out, as not many buildings are within
clear view of the right-of-way, though given its use and the area’s limited traffic, it
should not alter the character of the neighborhood. Granting the variance would not
alter the essential character of the area.
5. The practical difficulties are related to the existing principal 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 should 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. Many of the locations that would be to the rear and side of the existing principal
structure are either also within setback areas, or are already occupied. A conforming
accessory structure could be built in the northwest corner of the lot, though it is not an
ideal location due to slopes and needing to clear the area of trees. The requested
variance appears to be 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 proposed detached accessory structure shall be no closer than 20 feet from the
front property line, and shall not exceed 2,216 square feet in size.
2. The applicant shall secure applicable permits from the Carnelian Marine St. Croix
Watershed District, and comply with their requirements.
3. A grading plan and erosion control plan shall be submitted to the City for review prior
to issuance of a building permit, showing any areas of soil disruption, in order to ensure
that drainage is not directed to adjacent properties and proper erosion control measures
are taken.
4. A driveway access permit shall be acquired from the City.
5. Finished floor elevations for the proposed structure shall be shown on final plans.
6. The applicant shall secure any other applicable Federal, State, County, and local
permits required for the project.
PC Resolution No.: 2021-07
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7. The applicant shall pay all fees and escrows associated with this application.
Adopted by the Scandia Planning Commission this 4th day of May, 2021.
_________________________________
Travis Loeffler, Chair
ATTEST:
_________________________________
Ken Cammilleri, City Administrator