4.b) Res 07-01-14-02 Gacek Variance docx
CITY OF SCANDIA, MINNESOTA
RESOLUTION NO. 07-01-14-02
APPROVING A VARIANCE FOR 12680 SCANDIA TRAIL NORTH
WHEREAS, Jeffrey Allen Gacek has made an application for a Variance to allow the
construction of a detached garage that would be closer to Scandia Trail North than the primary
structure on the property at 12680 Scandia Trail North; and
WHEREAS, the property is legally described as follows:
Section 16 Township 032 Range 020 SW1/4-NE1/4-SW1/4 Subj to Road Easement; and
WHEREAS, the Planning Commission reviewed the request for the Variance at a duly
noticed Public Hearing on July 1, 2014, and
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 approval of a Variance to permit
construction of a detached garage that is located closer to Scandia Trail North than the primary
structure at 12680 Scandia Trail North, with a location approximately 140 feet north of the right-
of-way of Scandia Trail North, based on the following findings:
1. The Comprehensive Plan and Development Code support single-family residential uses
in the Agriculture Core District. The Plan supports long-term agricultural use and the
maintenance of rural views in the District. The applicant is seeking to maintain the
traditional farmstead organization and appearance of the property. The request is
consistent with the general intent of the Comprehensive Plan and Development Code.
2. Single-family residences and accessory structures are reasonable uses in the Agriculture
Core District.
3. The practical difficulties are related to placement of the existing home, septic system,
drain field, barn, and mature trees on the parcel. The practical difficulties were not
created by the applicant.
4. Other properties in the area include similar accessory structures, typically located in a
cluster arrangement with the primary structure. Granting the variance would not alter the
essential character of the area.
Resolution No.: 07-01-14-02
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5. The practical difficulties are related to the location of the existing structures, septic
system and mature trees on the parcel, and the need to locate the garage close to the
primary structure. The practical difficulties are not only economic in nature.
6. The proposed variance will not impair the supply of light or air to adjacent properties. It
will not increase congestion, endanger the public, or substantially diminish or impair
property values in the neighborhood.
7. Granting the variance will provide a location adjacent to the home that will be setback
approximately 140 feet from the right-of-way of Scandia Trail. The garage cannot be
located on the north, west or east sides of the home due to the location of the existing
septic system and drain field, existing barn and well. A location further to the north
would impact existing mature trees that screen and shelter the farmstead. The proposed
location will be screened from views from Scandia Trail North by existing trees.
Granting the variance is therefore 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. Development of the property shall be consistent with the plans provided to the City on
May 7, 2014.
2. The applicant shall obtain a building permit from the City.
3. The existing screening shall be maintained between the garage and Scandia Trail North.
4. The applicant shall combine the 10-acre parcel where the garage will be located with the
adjacent 30-acre parcel under the same ownership, before he submits the building permit
application to the City.
5. The Applicant shall pay all fees and escrows associated with this application.
Adopted by the Scandia Planning Commission this 1st day of July, 2014.
______________________________
Christine Maefsky, Chair
ATTEST:
_________________________________
Kristina Handt, Administrator/Clerk