6.c PC Resolution No. 2021-20 Sandstrom Variance
CITY OF SCANDIA, MINNESOTA
PC RESOLUTION NO. 2021-20
DENYING A VARIANCE FOR PARCEL 21.032.20.42.0003
LOCATED AT 12959 MAYBERRY TRAIL NORTH
WHEREAS, Christopher and Erica Sandstrom have made an application for a variance
to build an addition located five feet from the north side setback line, on property identified as
PID 21.032.20.42.0003; and
WHEREAS, the property is legally described as follows:
PART OF GOVERNMENT LOT 2, SECTION 21, TOWNSHIP 32, RANGE 20, LYING
WESTERLY OF THE CENTER LINE OF MAYBERRY TRAIL NORTH & LYING
SOUTHERLY OF FOLLOWING DESCRIBED LINE:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 2, THENCE
ON AN AZIMUTH NORTH 270 DEGREES 48 MINUTES 21 SECONDS
ALONG THE NORTH LINE OF SAID LOT 2 755.32 FEET TO A POINT, SAID
POINT BEING ON SAID CENTER LINE OF MAYBERRY TRAIL NORTH;
THENCE SOUTHEASTERLY 371.28 FEET ALONG SAID CENTER LINE
ALONG A NON-TANGENTIAL CURVE, CONCAVE TO THE NE, HAVING
A RADIUS OF 5500 FEET, A CENTRAL ANGLE OF 3 DEGRAS 52 MINUTES
04 SECONDS AND A CHORD ON AN AZIMUTH OF 156 DEGREES 59
MINUTES 34 SECONDS;
THENCE ON AN AZIMUTH OF 155 DEGREES 03 MINUTES 33SECONDS
ALONG SAID CENTER LINE, TANGENT TO THE LAST DESCRIBED
CURVE A DISTANCE OF 319.46 FEET TO THE POINT OF BEGINNING OF
THE LINE TO BE DESCRIBED;
THENCE ON AN AZIMUTH OF 254 DEGREES 43 MINUTES 52 SECONDS A
DISTANCE OF 927.19 FEET;
THENCE ON AN AZIMUTH OF 270 DEGREES 38 MINUTES 57 SECONDS A
DISTANCE OF 348 FEET MORE OR LESS TO THE EASTERLY SHORELINE
OF FISH LAKE, AND SAID LINE TERMINATING.
EXCEPT THE SOUTH 125 FEET OF SAID GOVERNMENT LOT 2;
AND EXCEPT THAT PART OF SAID GOVERNMENT LOT 2 DESCRIBED AS
FOLLOWS:
PC Resolution No.: 2021-20
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BEGINNING AT A POINT ON THE SOUTH LINE WHICH IS 380 FEET WEST
OF THE CENTER OF THE TOWN ROAD ACROSS SAID TRACT;
THENCE EAST ON SAID SOUTH LINE TO THE CENTER OF SAID ROAD
325 FEET;
THENCE SOUTHWESTERLY IN A STRAIGHT LINE TO THE POINT OF
BEGINNING BEING TRIANGULR TRACT SUBJECT TO EASEMENT AND
TOGETHER WITH A 30 FOOT WARRANTY DEED DRIVEWAY
EASEMENT; and
WHEREAS, the Planning Commission reviewed the request for variances at a duly
noticed Public Hearing on November 2, 2021, and recommended that the City Council deny the
variances;
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 deny a variance
to build an addition located five feet from the north side setback line at 12959 Mayberry Trail
North, based on the following findings:
1. The Comprehensive Plan does not discuss side setbacks in rural zoning districts. The
proposed project is for an addition onto an existing house, a permitted use, though the
requested setback would be smaller than the minimum. The lot, being conforming in
size and buildable area, could accommodate additions elsewhere without the need of
a variance. The request appears to be in general harmony with the Comprehensive
Plan, but may not be in harmony with the general purpose and intent of the
Development Code.
2. The current use of the property 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 identified by the applicant are the locations of the existing
house in relation to the side setback line, and the locations of the gas line and septic
system. Even with this, the large size of the property still results in buildable area
being available elsewhere on the lot. While additions on other locations would
possibly not be as aesthetically appealing, or in the case of accessory space may have
to be detached from the house, they are options that exist and would be permitted by
the ordinance without a variance. It would be difficult to accept that the difficulties of
the lot are unique to the property.
4. The use and function of the property would remain as it is currently. The addition
would be closer to the side property line than other properties nearby and would be
noticeable to the neighbor to the north, though it would be difficult to view the
addition from the right-of-way given existing vegetation along Mayberry Trail.
Granting the variance could alter the essential character of the area, though the
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Planning Commission could add conditions to ensure the request does not alter the
essential character of the area.
5. The practical difficulties are related to the locations of existing structures. The
practical difficulties are not only economic in nature.
6. Granting the requested variance would not result in limiting light or air to
neighboring properties. The land use will not change, so increases to congestion, or
public safety are not expected. While the proposed addition would be close to the
neighboring parcel, it would not be close to existing structures and should not
increase the danger of fire. The property values of neighboring property is not
anticipated to be negatively impacted, either, if the request is granted. The requested
variance 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. The existing house, while close to the north side setback, is conforming to setback
requirements. The proposed encroachment would result in a side setback of 5 feet at
the nearest point, and 18.7 feet at the furthest point. The property is conforming to
minimum size and buildable area requirements. The property could accommodate
additions, or even a detached garage, in other locations without requiring a variance
be issued. The requested variance for a minimum setback of 5 feet is not 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.
Adopted by the Scandia Planning Commission this 2nd day of November, 2021.
_________________________________
Travis Loeffler, Chair
ATTEST:
_________________________________
Ken Cammilleri, City Administrator