The Canton City Council held a special meeting on November 9, prior to its regular meeting, to consider a variance request from property owners Lindsi Poppe and Michelle Hanson.
The variance permit application stated they would like a variance to install a shed to hold ATVs and lawnmower and snow blower.
Council Member Josh Nordsving reviewed the application and visited the property prior to the meeting. He explained there is uncertainty as to where the property line exists, but it is likely the shed does not meet the setback requirements in zoning ordinances.
He added that he had been told it was going to be a portable shed, but it is not on skids and it appears to be attached to the garage. Because of this, Nordsving said it would now require a building permit.
In regards to the variance request, Kristy Ziegler noted that in order for the council to approve it, there should be a certain element of “hardship,” but wanting to have a storage shed for ATVs and lawn and snow equipment does not really create that hardship.
Former Mayor Donivee Johnson interjected that the Minnesota ordinances now require variance applications to stand up to the “three-factor test.” To qualify, a variance request must prove “reasonableness, uniqueness and essential character.”
According to the League of Minnesota Cities, the first factor is that the property owner proposes to use the property in a reasonable manner. This factor means the landowner would like to use the property in a particular reasonable way but cannot do so under the rules of the ordinance. It does not mean the land cannot be put to any reasonable use whatsoever without the variance. For example, if the variance application is for a building too close to a lot line or does not meet the required setback, the focus of the first factor is whether the request to place a building there is reasonable.
The second factor, uniqueness, is that the landowner’s problem is due to circumstances unique to the property not caused by the landowner. When considering the variance for a building to encroach or intrude into a setback, the focus of this factor is whether there is anything physically unique about the particular piece of property, such as sloping topography or other natural features like wetlands or trees.
Finally, to pass the essential character test, the variance, if granted, will not alter the essential character of the locality. Under this factor, the council should consider whether the resulting structure will be out of scale, out of place, or otherwise inconsistent with the surrounding area. For example, when thinking about the variance for an encroachment into a setback, the focus is how the particular building will look closer to a lot line and if that fits in with the character of the area.
During the meeting, Johnson also noted that once a variance is granted for a property, it is attached to the property permanently, not just for the current owner.
Also, according to the League of Minnesota Cities, if the applicant does not meet all three factors of the statutory test, the city should not grant the variance.
After a brief discussion, and again revisiting Nordsving’s concerns, the council opted not to approve the variance application.
City clerk
Mayor Cindy Shanks reported that she, Nordsving and Deputy Clerk Barb Kerns interviewed a candidate that would be a “great fit” for the city of Canton as clerk/treasurer. “She is very knowledgable and has had a lot of experience,” she added.
The council will be extending a job offer to Anne Koliha for a 32-hour-a-week position with benefits.
Shanks noted that she will ask for a potential start date when she extends the job offer.
Reports
In her mayoral report, Shanks noted that she and other council members toured the city buildings and created a “wish list” for possible grant funds in the future. She highlighted that the maintenance building needs new lighting, the town hall needs a new back door and the fire station could use insulation and siding. Finally, the former bus shed could use a new roof.
Shanks also thanked Kerns for filling in as the clerk, working extra hours to keep the office running. “We really appreciate everything you have been doing,” she said.
In the clerk’s report, Kerns updated the council on the nuisance ordinance violators, and noted RobRoy Kelly was sent a certified letter informing him of his $400 fine for starting construction without a building permit and notice that he needed to get a building permit. She reported, however, that the postal system was unable to deliver his letter. She said they will attempt to send the same notice through regular mail, which he may actually pick up, but the city will not be notified when he does so. “It looks like he has almost completed construction, regardless of a building permit,” Kerns added.
Kerns also mentioned an area resident had contacted the city regarding making a donation to the city in honor her parents. She inquired if the city had some sort of “wish list” that would help her select something to support. Kerns mentioned green space improvements by city hall and the town hall, but asked the council to share other ideas they may have to add to the list.
Jon Nordsving reported that the city crew will be putting snow plow equipment on the trucks in the coming week, so the crew will no longer be hauling dirt until after snow season.
Other business
The city passed a resolution accepting the Arlin Falck Foundation Grant in the amount of $6,271.92 to upgrade the electrical system and add a new roof to the existing park shelter.
The council agreed to do the Christmas “adopt-a-planter” contest again. The winners will be announced the Friday before Santa Day, December 9. Santa Day will be December 10.
The council accepted a $2,000 donation from the Canton Fire Relief Association and, in turn, approved a $2,000 contribution to PERA on behalf of the Canton Fire Department. Kerns noted this is an annual practice to self-fund the firemen’s retirement.
A special meeting will be held on Monday, November 14, at 8 p.m. to canvass the election results. The next regular council meeting will be held on Wednesday, December 14, at 6 p.m. Both meetings will be held at the Canton Town Hall.
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