08.b1c Resolution No. 2022-08_Rodsjo Variance
CITY OF SCANDIA, MINNESOTA
CC RESOLUTION NO. 2022-08
APPROVING A VARIANCE FOR PARCEL 13.032.20.31.0004
LOCATED AT 21450 POMROY AVENUE NORTH
WHEREAS, Susan and Paul Rodsjo, has made an application for a variance to construct
a detached accessory dwelling unit closer to the right-of-way than the house on a lot under 5
acres in size on property identified as 21450 Pomroy Avenue North; and
WHEREAS, the property is legally described as follows:
LOT 1, BLOCK 2, TROLL LANDA ADDITION; and
WHEREAS, the Planning Commission reviewed the request for a variance at a duly
noticed Public Hearing on January 4, 2022 and February 8, 2022, and recommended that the City
Council approve the variance 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 accessory dwelling unit closer to the
right-of-way than the house on a lot under 5 acres in size, at 21450 Pomroy Avenue North, based
on the following findings:
1. The Comprehensive Plan does identify accessory dwelling units as an option to
provide additional housing options. Table VI-F – Housing Implementation identifies
the city continuing to support ADUs. Apart from being closer to the ROW than the
house, the structure would meet and exceed required setbacks. The proposed request
appears to be in general harmony with the Comprehensive Plan and Development
Code.
2. The current use of the property is residential, which would not change if this variance
request is approved. The proposed accessory dwelling unit, if approved, would have
to follow the requirements of such structures as set out in the Development Code and
city ordinances. Proposing to use the property as proposed is a reasonable use.
3. The practical difficulties are due to the lack of available space to the rear or side of
the house. The location of the house deep in the lot limits available locations. There is
drainage that runs along the north side of the house, which eliminates this as an
option. The rear of the house is occupied by the existing septic system and
drainfields, while the south side of the house has been identified as the
secondary/alternative location for septic on the site. The practical difficulties
impacting the areas to the side and rear of the house were not caused by the current
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landowner and are unique to the property. The practical difficulties would not inhibit
the ability of the applicant to keep the ADU at 1,000 SF or less of floor area.
4. The use and function of the property would remain residential. The proposed location
would exceed setback requirements, and is currently screened from view of
neighboring lots and the roadway. Granting the variance for the location would not
alter the essential character of the area, provided the structure meets the requirements
of the Development Code. Additional screening could be required by the city as a
condition of approval.
5. The practical difficulties are related to the limited amount of land located outside of
required setbacks. 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 remain 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 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 location of the house and septic limits locations that meet setbacks and are to the
rear or side of the house. The locations of wells, septic, and drainage patterns on the
lot leave the areas between the house and the road as viable spots. The current
screening of the site, and ability to meet setbacks appear to make the proposed
request the minimum action required. The requested variance appears to be the
minimum action required to eliminate the practical difficulty of the ADU being
unable to be to the side or rear of the house.
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 ADU shall be no closer than 260 feet to the ROW of Pomroy Avenue,
and no closer than 50 feet to the south lot line, as proposed on the site plan submitted
to the city and reviewed with this request.
2. The applicant shall secure any applicable permits from the Watershed District, and
comply with their requirements.
3. The ADU shall follow applicable requirements of ADUs as indicated in Chapter 2,
Section 4.2 of the Development Code. The proposed ADU shall have a total floor area
not exceeding 1,000 SF.
4. 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 and locations of
any trees to be removed or added, in order to ensure that drainage is not directed to
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adjacent properties and proper erosion control measures are taken. Plans should include
grading limits/elevations that don’t negatively impact the adjacent properties from
direct drainage off of the site.
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 February, 2022.
_________________________________
Christine Maefsky, Mayor
ATTEST:
_________________________________
Ken Cammilleri, City Administrator