2. Excerpt of 10-20-2020 Council Meeting minutesOctober 20, 2020
Scandia City Council
Page 4 of 8
Variance To Construct An Accessory Structure On Property With No Primary Residence
Across From 18941 Layton Avenue North. Harold And Cynthia Johnson, Applicants.
Resolution No. 2020-39
Planner Monson presented the recommendation from the Planning Commission to deny a
variance request to construct a garage on vacant property across from 18941 Layton Avenue, the
residence of applicants Harold and Cynthia Johnson. Monson explained the findings of denial
based on not meeting the criteria for a variance – the request is not in harmony with the Comp
Plan, would alter the essential character of the area, and is not a reasonable use of the property.
Monson said it would be more advantageous to build a garage on the same property as the
primary home. As well, the applicants recently converted an existing attached garage to living
space and appeared to create their own hardship.
Council member Kronmiller said there is no argument as to why the owner cannot combine his
lots across the street with his primary lots. This will create a larger parcel to provide storage of
items away from the lake, all good things and an example of what the City wants people to do.
Other lots in the city have done this.
Planner Monson stated that there is nothing in the zoning code to allow combination of non-
contiguous lots that are separated by a roadway. Administrator Cammilleri said that the proposal
is not unreasonable, but conflicts with how the ordinance is written. It may have been allowed in
the past, but the code likely changed and staff cannot come up with findings to approve the
variance.
Mayor Maefsky said that in this case it may make sense but allowing it in other parts of the city
could cause problems. If the ordinance is changed to allow accessory structures across roadways,
it must be done carefully and thoughtfully.
Kronmiller asked if the County will combine the lots into one parcel, why can’t the City
recognize it as one. Staff explained that as a tax parcel the County can process a lot combination,
but the County does not have authority over municipal zoning codes. The City could develop a
zoning code that is neighborhood specific and look at situations where this is appropriate.
Maefsky agreed this would be a good way to move this request forward.
Cindy Johnson said that there are three examples of garages across the street within one block of
their home. They are making an effort to be good stewards of the property and doing the right
thing by enclosing their belongings. Johnson asked what the timeline would be to amend the
accessory structure ordinance. Staff explained that an amendment could be in place by next
year’s building season.
Maefsky, second by Kronmiller, moved to adopt Resolution No. 2020-39, Denying a
Variance for Parcels 31.032.20.11.0001 and 31.032.20.11.0002. Motion carried 5-0 by roll
call vote.
Maefsky, second by Kronmiller, moved to direct staff to amend the accessory structure
ordinance to allow an exception for garages to be across the street. Motion carried 5-0 by
roll call vote.