4.c) Res 07-01-14-03 Williams Variance docx
CITY OF SCANDIA, MINNESOTA
RESOLUTION NO. 07-01-14-03
APPROVING A VARIANCE FOR 22723 NOLAN AVENUE NORTH
WHEREAS, James and Kim Williams have made an application for a Variance from the
20-foot side setback requirement to allow the construction of an accessory structure 10 feet from
the side parcel boundary at 22723 Nolan Avenue North; and
WHEREAS, the property is legally described as follows:
Those parts of South 20 rods of the North Half of the Northwest Quarter and the North
Half of the Southwest Quarter of the Northwest Quarter, both in Section 10, Township 32 North,
Range 20 West, Washington County, Minnesota, described jointly as follows:
Commending at the northwest corner of said South 20 rods; thence east along the north
line of said South 20 rods a distance of 950.00 feet; thence south, parallel with the west line of
said Northwest Quarter, a distance of 300.00 feet to the point of beginning of the parcel to be
described; thence continuing south, parallel with said west line, a distance of 300.00 feet; thence
west, parallel with said north line of the South 20 rods, a distance of 950.00 feet to the west line
of said Northwest Quarter; thence north along said west line a distance of 300.00 feet; thence
east, parallel with said north line of the South 20 rods, a distance of 950.00 feet to the point of
beginning. Subject to Nolan Avenue North along the West 33.00 feet. Subject to easements for
drainage purposes. The above described parcel contains 6.53 acres; 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 an accessory structure to be located 10 feet from the southern parcel boundary at
22723 Nolan Avenue North, , based on the following findings:
1. The Comprehensive Plan and Development Code support single-family residential uses
in the Agriculture Core District. 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.
Resolution No.: 07-01-14-03
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3. The practical difficulties are related to the location of the existing driveway, home,
wetlands, wetland setbacks, and septic system. The practical difficulties are unique to the
property and were not created by the applicant.
4. Other properties in the area include similar accessory structures. Granting the variance
would not alter the essential character of the area.
5. The practical difficulties are related to the location of the existing driveway, home,
wetlands, wetland setbacks, and septic system. 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 permit the applicants to locate the accessory structure close to
the driveway. The structure cannot be located north of the driveway (where it could meet
the setback requirement), due to the location of wetlands and required wetland buffers.
Other locations on the south side of the driveway would require a greater variance from
the setback requirement. The proposed location will be screened from view form the
neighbors’ home by a large pole barn. The required variance will provide a 10’ setback,
and is 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 12, 2014.
2. The applicant shall obtain a building permit from the City.
3. 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