08.b3c Resolution No. 2021-27 clean Melcher Variance
CITY OF SCANDIA, MINNESOTA
CC RESOLUTION NO. 2021-27
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 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 reviewed again on June 1, 2021, and recommended
that the City Council approve a variance to construct a detached garage closer to the right-of-way
than the house, and to deny the variance request to construct an accessory structure exceeding the
requirements permitted for parcels between 1 and 3 acres in size 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 to construct a detached garage closer to the right-of-way
than the house, and to deny the variance request 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 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 limiting the locations to build the proposed structure 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
normally need to be to the side or rear of the house. Based off the location of the
existing house and septic, this is difficult to do without a variance of some kind. The
practical difficulties of the lot being non-conforming are not caused by the current
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landowner and are unique to the property; while this is true for the location, the size
variance request is not unique to the property and is caused by the landowner.
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 negatively alter the character of the neighborhood. Granting the variance
would not alter the essential character of the area. Essential character of the area
would not be affected by an accessory structure, but could be negatively affected by
an oversized accessory structure, which will be located closer to the road due to the
location variance.
5. The practical difficulties limiting the locations to build the proposed structure are due
to the current house being nonconforming, as well as the location of the existing
septic system. 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
detached 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. Given
the location of the house, adding onto the house to provide additional storage space
would be limited to only the front. The proposed size would exceed what is normally
permitted for lots of this size. The requested variance for the location appears to be
the minimum action required to eliminate the practical difficulty. While the
impervious surface would be well below the 25% limit, the practical difficulties of the
lot do not justify exceeding the square footage of accessory space that is currently
permitted for a lot of this size, and would be beyond the minimum action required to
eliminate the practical difficulties of the lot.
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 applicable permits from the Carnelian Marine St. Croix
Watershed District, and comply with their requirements.
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2. 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.
3. A driveway access permit shall be acquired from the City.
4. Finished floor elevations for the proposed structure shall be shown on final plans.
5. The applicant shall secure any other applicable Federal, State, County, and local
permits required for the project.
6. The applicant shall pay all fees and escrows associated with this application.
Adopted by the Scandia City Council this 15th day of June, 2021.
_________________________________
Christine Maefsky, Mayor
ATTEST:
_________________________________
Ken Cammilleri, City Administrator