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09.b3 Palkert Variance - CC Packet1 | P a g e
Date of Meeting: September 19, 2023
To: Honorable Mayor and Members of the City Council
From: TJ Hofer, Consultant City Planner
Harry Davis, Consultant Planner
Re: Variance for 12632 182nd Street North for OHWL Setback
Applicant: Dennis Palkert Zoning: RR-N, SM-O, FP-O
Owner: Dennis & Jana Palkert Future
Land Use: General Rural
Location: PID 33.032.20.31.0017 Review
Deadline November 7, 2023
The applicant is requesting approval of an after-the-fact Variance for a patio that was constructed
that encroaches into the ordinary high-water level setback.
BACKGROUND
The existing structure is a legally nonconforming structure that was approved through a variance
(Resolution 2020-05) that allowed for the construction of the dwelling with a 71.6 ft. setback
from the ordinary high-water level (OHWL) of Big Marine Lake.
Permits were issued in January of 2020 to allow for the grading of the lot and the construction of
the structure with plans that were consistent with Resolution 2020-05. During the development
of the site the applicant expanded the development beyond the approved site plan and variance.
This additional construction resulted in a fire ring patio approximately 14 ft. from the OHWL
and an additional patio, located near the house, 62.6 ft. from the OHWL. Both of these
impervious surfaces were illegal nonconformities.
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The applicant had previously worked with the City to address the issues. The applicant reached
out to City Staff in April of 2023 to continue to resolve the issue. Staff issued a letter detailing
different options the applicant could take to bring the site into conformance. Staff noted what
may be supported and what may not be supported. Ultimately, when reviewing the application
against the standards of the UDC, staff is not able to support the application. While working with
the Carnelian-Marine-St. Croix Watershed District (CMSCWD) the applicant removed the fire
ring patio.
EVALUATION OF REQUEST
Existing Conditions
The existing lot is a legally nonconforming lot in the Rural Residential Neighborhood (RR-N)
base zoning district, the Shoreland Management Overlay District (SM-O), and the General
Floodplain Overlay District (FP-O). Lot standards are detailed below. Changes from the existing
conditions to the proposed are underlined.
Table 1: Zoning District Standards
RR-N SM-O Existing
Conditions
Proposed
Conditions
Minimum Lot Size (ac.)
(Existing Lot of Record) 0.92 2.5 0.61 0.61
Buildable Area (ac.) 1.00 N/A ~6,182 sq. ft. ~6,182 sq. ft.
Setbacks
(ft.)
Front 40 N/A 40 40
Side 10 N/A 15.1 15.1
OHWL 100 100 71.6 62.6
Maximum Lot Coverage 25% 25% ~22.42% ~24.69%
The existing lot is legally nonconforming due to lot size and buildable area. A large area of the
western part of the lot is within the 100-year flood elevation of both FEMA and the Carnelian-
Marine-St. Croix Watershed District. FEMA has identified these areas as Zone AE and Zone X.
The lot meets minimum lot width and frontage.
The existing principal structure is a single-family dwelling and is a legally nonconforming
structure. The dwelling and patio encroach into the OHWL setback by 28.4 ft. (71.6 ft. setback).
The setback that is required by the shoreland ordinance applies to structures and impervious
surfaces.
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In January 2020, the applicant received a variance to allow constructing the single-family
dwelling on the property. One variance was for a side yard setback, but the variance most
pertinent to the proposal is a variance from OHWL setback from Big Marine Lake. The variance
allowed reducing the required 100-foot setback to 71.6 feet and required mitigation of trees cut
down for constructing the new dwelling, among other conditions of approval. Staff are still
working with the applicant to meet the conditions from the 2020 variance approval and the
applicant has submitted a revised landscaping plan.
Governing Standards
Chapter 5, Shoreland Management Regulations 3.72, states that all additions or expansions to the
outside dimensions of an existing nonconforming structure must meet the setback, height, and
other requirements of Sections 5.0 to 8.0 of the ordinance. Any deviation from these
requirements must be authorized by a variance.
Proposed Conditions
The expansion to the patio increased the encroachment into the OHWL by nine feet, for a
setback of 62.6 ft. The previous variance approved the principal structure and associated patio to
be constructed with a setback of 71.6 feet from the OHWL. The previous approvals allowed for
the construction of a legally nonconforming building but did not create a preexisting approval or
“grandfathering in” that would allow for expansion without additional approvals. An existing
impervious patio is located just to the southeast of the proposed patio and was approved in the
2020 variance as a part of the dwelling.
Variance
Section 153.500.060 Subd. 1 (B) establishes the standards for when the City shall approve a
variance. The variance must be consistent with the Comprehensive Plan, must be in harmony
with the general purpose and intent of this Chapter, and when the strict enforcement of this
Chapter would result in practical difficulties with carrying out the strict letter of the Code.
Practical difficulties are established within the UDC and are listed below in italics. Staff’s
analysis of these is below each practical difficulty:
a. The applicant proposes to use the property in a reasonable manner not permitted by this
Chapter.
The proposed use is not a reasonable use of the property. It is reasonable that the lot was
approved for development of a single-family dwelling with an attached patio. The
proposed expansion is reasonable in its use, but it does not meet the standards of a
practical difficulty established in the UDC and is not consistent with the Shoreland
Management Overlay. Other alternatives exist for improving the existing structure such
as alternations to the existing structure or patio and expansion that maintain the OHWL
setback nonconformity without increasing the nonconformity.
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b. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
The plight of the landowner is directly due to circumstances created by the property
owner. The applicant is requesting approval to increase a nonconformity on an existing
legally nonconforming use where no practical difficulty exists. Alternatives exist to
improving or expanding the home, such as expanding in a way that does not increase the
nonconforming OHWL setback.
c. The variance, if granted, will not alter the essential character of the locality.
If the variance were granted, it would not alter the essential character of the locality.
d. Economic conditions alone shall not constitute practical difficulties.
Economic conditions are not solely the factor in the variance.
e. May include, but is not limited to, inadequate access to direct sunlight for solar energy
systems.
The variance is not related to inadequate access to direct sunlight for solar energy
systems.
f. The proposed variance will not impair an adequate supply of light and air to adjacent
property, or substantially increase the congestion of the public streets, or increase the
danger of fire, or endanger the public safety, or substantially diminish or impair property
values within the neighborhood.
The proposed variance will not impair adequate supply of light and air to adjacent
property, or substantially increase the congestion of the public streets, or increase the
danger of fire, or endanger the public safety, or substantially diminish or impair property
values within the neighborhood
g. The requested variance is the minimum action required to eliminate the practical
difficulty.
Staff does not believe that a practical difficulty exists, and therefore no action is required
to eliminate a practical difficulty for the expansion to the impervious surface. If a
variance were to be approved, staff believe that what the applicant has proposed is not the
minimal action. Alterations or expansion to the dwelling or impervious surface could be
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expanded consistent with the current approvals.
ANALYSIS
Review Comments
The submittal was sent to city staff and other regulatory agencies for review and comment.
Carnelian-Marine-St. Croix Watershed District
The Carnelian-Marine-St. Croix Watershed District has provided comments, and the comments
are attached. The CMSCWD does not support the requested variance due to the increase in
impervious surface within the water resource setback and increased rate of runoff. If the variance
were to be approved, the district recommends conditions to capture >80% of the patio surface
runoff and submit a declaration regarding stormwater feature maintenance. Comments were also
made about the number of trees removed to facilitate the new residential structure and how the
applicant will need to mitigate the loss of trees to protect the character of the lake.
Engineering Department
The City Engineer had no comment.
Fire Department
The Fire Chief had no comment.
Public Works Department
The Public Works Director had no comment.
Washington Conservation District
Washington Conservation District provided no comment.
Washington County
Washington County had no comment.
Department of Natural Resources
The DNR Area Hydrologist provided no comment.
Planning Commission
The application was reviewed by the Planning Commission at their September 5, 2023, meeting.
The Planning Commission held a public hearing where the applicant made a comment regarding
the application and the development on the site. The Planning Commission then closed the
public hearing.
The Planning Commission reviewed the application and discussed consistency with the
previously approved variance, the ability to reduce the illegal nonconformity to meet the
approved setback, and the ability to expand nonconformities .
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The Planning Commission moved to recommend denial of the variance. The motion was
approved with a vote of 4-0.
Staff Analysis
Staff finds that the proposed plan is inconsistent with the Unified Development Code (UDC) and
Comprehensive Plan. The Comprehensive Plan prioritizes environmental stewardship on
lakeside lots. Increasing the encroachment into the OHWL setback does not align with the goal
of environmental stewardship.
The applicant has not established a practical difficulty that warrants a variance being issued to
expand the existing nonconformity. The parcel has already been developed and contains a
habitable dwelling. Further expansion of the patio is not required to alleviate a practical
difficulty.
If the variance is denied, the patio will either need to be removed or reduced to meet the
previously approved setback. If the patio is reduced to meet the 71.6 ft. setback an
Administrative Permit will be required.
The applicant is working with staff to achieve compliance with the conditions in Resolution
2020-05. Part of this work includes replacements for trees that were removed and were over six
caliper inches. The Watershed has provided a recommendation that the trees be placed in a way
that promotes screening of structures, vehicles, or other facilities as viewed from the water
during leaf-on conditions. The approved variance and the UDC do not set conditions for where
the trees must be located.
COUNCIL ACTION
The City Council can do one of the following:
1. Approve, with or without conditions, of the attached ordinance and resolutions.
2. Deny, with findings, of the attached ordinance and resolutions.
3. Table the request for further review/study.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommended denial of the proposed variance, subject to the
following findings:
1. The proposed expansion is not a reasonable use of the property. It is reasonable that the
lot was approved for development of a single-family dwelling with a patio. The proposed
expansion is reasonable in its use, but it does not meet the standards of a practical
difficulty established in the UDC and is not consistent with the Shoreland Management
Overlay.
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2. The plight of the landowner is directly due to circumstances created by the property
owner. The applicant is requesting approval to increase a nonconformity on an existing
legally nonconforming use where no practical difficulty exists.
3. If the variance were granted, it would not alter the essential character of the locality.
4. Economic conditions are not solely the factor in the variance.
5. The variance is not related to inadequate access to direct sunlight for solar energy
systems.
6. The proposed variance will not impair adequate supply of light and air to adjacent
property, or substantially increase the congestion of the public streets, or increase the
danger of fire, or endanger the public safety, or substantially diminish or impair property
values within the neighborhood.
7. Staff does not believe that a practical difficulty exists, and therefore no action is required
to eliminate a practical difficulty for the expansion to the patio.
If the City Council wishes to approve the request, findings need to be established that support the
variance review criteria and the request should be tabled with instruction to place the revised
approval resolution on the consent agenda for the next meeting of the City Council. Staff has
prepared conditions of approval if the Council wishes to approve the request:
1. The location and layout of structures on the lot shall be consistent with the plans and
setbacks submitted to the City and reviewed with this request. No other structures or
impervious surfaces shall be allowed without additional approval.
a. The expansion of the existing legal nonconforming impervious surface shall be
setback from the ordinary high-water level 62.6 feet.
2. The proposed expansion of the existing legal nonconforming impervious surface shall
meet all city ordinance requirements.
3. The applicant must be in compliance with the conditions of the 2020 variance
(Resolution 2020-05) before a permit is approved for the expanded patio.
4. The extended patio must be in compliance with CMSCWD standards and acquire
necessary permits.
5. The applicant shall secure all applicable permits required from local, state, and federal
entities.
6. The applicant shall pay all other fees and escrows associated with this application.
7. The applicant must commence the authorized use or improvement within one year of the
date on which the variance is issued. After one year, the approvals issued under the
provisions of the Section shall expire without further action by the Planning Commission
or Board
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8. The applicant shall record the Variance Washington County within one year of the date
when the Variance is approved by the City.
Attachments
1. Resolution 09-19-23-04 Denying a Variance
2. Draft Approval Resolution
3. Zoning Map
4. Future Land Use Map
5. Variance from 2020 (Resolution 2020-05)
6. Violation Letter dated May 4, 2023
7. Application
8. Existing Conditions
9. Proposed Conditions
10. Landscape Plan submitted by Applicant on August 22, 2023
11. Carnelian-Marine-St. Croix Watershed District Comments, dated August 22, 2023
CITY OF SCANDIA, MINNESOTA
RESOLUTION NO. 09-19-23-04
DENYING A VARIANCE FOR AN EXPANSION OF A PRINCIPAL STRUCUTRE
LOCATED AT PARCEL ID 33.032.20.31.0017
WHEREAS, Dennis Palkert (the “applicant”), has requested made an application for variance
from ordinary high water level setback to expand a legally nonconforming structure on a
nonconforming lot that includes a 37.4 foot variance from the 100 foot ordinary high water level
setback of Big Marine Lake for expansion of a legally nonconforming structure on property
identified as 12632 182nd Street North, Marine-on-St.-Croix, Minnesota 55407, legally described
as follows:
Lot 7 of the recorded plat of Big Lakeview 3rd Addition, Washington County,
Minnesota, EXCEPT that part of said Lot 7 described as follows: Beginning at the
southwesterly corner of said Lot 7; thence easterly along the southerly line of said
Lot 7 on an assumed azimuth from north of 54 degrees 45 minutes 08 seconds a
distance of 191.95 feet; thence on an azimuth of 240 degrees 01 minutes 32 seconds
a distance of 123.68 feet; then on an azimuth of 225 degrees 22 minutes 13 minutes
13 seconds a distance of 69.73 feet to the point of beginning at said southwesterly
corner of Lot 7. Subject to the road as it presently runs over and across the Westerly
edge of the lot.
WHEREAS, the Planning Commission reviewed the variance request at a duly noticed Public
Hearing on September 5th, 2023, and recommended that the City Council deny the request;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does deny
the requested variances, based on the following findings:
1. The proposed use is not a reasonable use of the property. It is reasonable that the lot was
approved for development of a single-family dwelling with an attached patio. The
proposed expansion is reasonable in its use but it does not meet the standards of a
practical difficulty established in the UDC and is not consistent with the Shoreland
Management Overlay. Other alternatives exist for improving the existing structure such
as alternations to the existing structure or patio and expansions that maintains the OHWL
setback nonconformity without increasing the nonconformity.
2. The plight of the landowner is directly due to circumstances created by the property
owner. The applicant is requesting approval to increase a nonconformity on an existing
legally nonconforming use where no practical difficulty exists. Alternatives exist to
improving or expanding the home, such as expanding in a way that does not increase the
nonconforming OHWL setback.
3. If the variance were granted, it would not alter the essential character of the locality.
4. Economic conditions are not solely the factor in the variance.
5. The variance is not related to inadequate access to direct sunlight for solar energy
systems.
6. The proposed variance will not impair adequate supply of light and air to adjacent
property, or substantially increase the congestion of the public streets, or increase the
danger of fire, or endanger the public safety, or substantially diminish or impair property
values within the neighborhood.
7. Staff does not believe that a practical difficulty exists, and therefore no action is required
to eliminate a practical difficulty for the expansion to the impervious surface. If a
variance were to be approved, staff believes that what the applicant has proposed is not
the minimal action. Alterations or expansion to the dwelling or impervious surface could
be expanded consistent with the current approvals through an administrative permit.
Whereupon, said Resolution is hereby declared adopted on this 19th day of September, 2023.
Christine Maefsky, Mayor
ATTEST:
Kyle Morell, City Administrator
CITY OF SCANDIA, MINNESOTA
RESOLUTION NO. 09-19-23-XX
APPROVING A VARIANCE FOR AN EXPANSION OF A PRINCIPAL STRUCUTRE
LOCATED AT PARCEL ID 33.032.20.31.0017
WHEREAS, Dennis Palkert (the “applicant”), has requested and made an application for a
variance from ordinary high water level setback to expand a legally nonconforming structure on a
nonconforming lot that includes a 37.4 foot variance from the 100 foot ordinary high water level
setback of Big Marine Lake for expansion of a legally nonconforming structure on property
identified as 12632 182nd Street North, Marine-on-St.-Croix, Minnesota 55407, legally described
as follows:
Lot 7 of the recorded plat of Big Lakeview 3rd Addition, Washington County,
Minnesota, EXCEPT that part of said Lot 7 described as follows: Beginning at the
southwesterly corner of said Lot 7; thence easterly along the southerly line of said
Lot 7 on an assumed azimuth from north of 54 degrees 45 minutes 08 seconds a
distance of 191.95 feet; thence on an azimuth of 240 degrees 01 minutes 32 seconds
a distance of 123.68 feet; then on an azimuth of 225 degrees 22 minutes 13 minutes
13 seconds a distance of 69.73 feet to the point of beginning at said southwesterly
corner of Lot 7. Subject to the road as it presently runs over and across the Westerly
edge of the lot.
WHEREAS, the Planning Commission reviewed the Variance request at a duly noticed Public
Hearing on September 5th, 2023, and recommended that the City Council approve the request;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does approve
the requested variances, based on the following findings:
(Findings must be determined)
FURTHER BE IT RESOLVED that the following conditions of approval shall be met:
1. The location and layout of structures on the lot shall be consistent with the plans and
setbacks submitted to the City and reviewed with this request. No other structures shall
be allowed.
a. The expansion of the existing legal nonconforming principal structure shall be
setback from the ordinary high water level 62.6 feet.
2. The proposed expansion of the existing legal nonconforming principal structure shall
meet all city ordinance requirements.
3. The applicant must be in compliance with conditions of the 2020 variance (Resolution
2020-05).
4. The applicant shall submit a site plan that is consistent with the approved site plan.
5. The applicant shall be in compliance with the standards of the Carnelian-Marine-St.
Croix Watershed District including, but not limited to:
a. Submit a site plan with stormwater management practices that captures >80% of
the patio surface in compliance with the District’s Residential Stormwater
Worksheet.
b. Submit a declaration of stormwater maintenance for the proposed stormwater
practice.
c. Provide an updated tree planting plan that promotes screening of structures,
vehicles, or other facilities as viewed from the water during leaf-on conditions
with tree plantings within the SIZ (Code 8.23a).
d. Replacement trees should be species native to Minnesota and match the
surrounding natural Big Marine Lake lakeshore habitat.
e. All future tree removals (regardless of health status) be replaced at a ratio no less
than 1:1 and be planted in a manner that increases and maintains screening and
habitat functions as approved by the City.
6. A grading plan and erosion control plan shall be submitted to the City for review,
showing any areas of soil disruption, construction entrances, any trees that will be
removed, building floor elevations, and drainage patterns.
7. The applicant shall secure all applicable permits required from local, state, and federal
entities.
8. The applicant shall pay all other fees and escrows associated with this application.
9. The applicant must commence the authorized use or improvement within one year of the
date on which the variance is issued. After one year, the approvals issued under the
provisions of the Section shall expire without further action by the Planning Commission
or Board
10. The applicant shall record the variance Washington County within one year of the date
when the variance is approved by the City.
Whereupon, said Resolution is hereby declared adopted on this 19 day of September, 2023.
Christine Maefsky, Mayor
ATTEST:
Kyle Morell, City Administrator
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PWI Basin
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Saint Croix River District
Zoning
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Rural Residential General
Village Neighborhood
Rural Commercial
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9
CITY OF SCANDIA,NIINNESOTA
RESOLUTION NO. 2020-05
APPROVING A VARIANCE FOR 12632 182ND STREET NORTH
WHEREAS,Mike Mann made an application for a variance from the required setbacks
from the Ordinary High Water Level (OHWL)of Big Marine Lake and from the south side lot
line to construct a new residential structure at 12632 182nd Street North, on property owned byJanaandDennisPalkert; and
WHEREAS,the property is legally described as follows:
LOT 7 OF THE RECORDED PLAT OF BIG LAKEVIEW 3RD ADDITION
WASHINGTON COUNTY MINNESOTA EXCEPT THAT PART OF SAID LOT 7
DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY COR-NER
OF SAID LOT 7 THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID
LOT 7 ON AN ASSUMED AZIMUTH FROM NORTH OF 54 DEGREES 45
MINUTES 08 SECONDS A DISTANCE OF 191.95 FEET'TI NCE ON AN
AZIMUTH OF 240 DEGREES O1 MINLTTE 32 SECONDS A DISTANCE OF 123.68
FEET TI N ON AN AZIMUTH OF 225 DEGREES 22 MINUTES 13 SECONDS A
DISTANCE OF 69.73 FEET TO 'TI POINT OF BEGINNING AT SAID
SOUTHWESTERLY CORNER OF LOT 7 SUBJECT TO THE ROAD AS IT
PRESENTLY RUNS OVER AND ACROSS TI WESTERLY EDGE OF THE LOT
BIG LAKEVIEW 3RD ADDITION WASHINGTON COUNTY,MINNESOTA; and
WHEREAS, the Planning Commission reviewed the request for the Variance at a duly
noticed Public Hearing on December 3, 2019 and tabled the item for potential site plan revisions;
and
WHEREAS, and Planning Commission reviewed a revised site plan and request for
Variances on January 7,2020,and recommended that the City Council approve the variances with
conditions;
NOW, THEREFORE,BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SCANDIA,WASHINGTON COUNTY,NIINNESOTA,that it should
and hereby does recommend that the City Council approve Variances to setbacks from the
Ordinary High Water Level (OHWL)of Big Marine Lake and from the south side lot line to
construct a new residential structure at 12632 182nd Street North; based on the followingfindings:
1. The Comprehensive Plan and Development Code support single-family residential
uses in the General Rura1 District and Shoreland Overlay District. The proposed
III
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is
Resolution No.: 2020-US
Page 3 of 3
house fits with the intended use of the area and minimizes variances to the extent
possible given unique site constraints.
2. Sin le-famil residences aze ermitted,and therefore reasonable,uses in the GeneralgY1
Rural District and Shoreland Ovezlay District. The proposed residential structure
would replace an existing residential structure on the site. This use is reasonable
under the conditions allowed by the Development Code.
3. 'The smali size of the lot,with significant slopes and only one location for the new
septic,are practical difficulties unique to the lot.
4. Other properties in the area are substandard in size and some of the single-family
residential siructures impinge on the lake,side and/or road setba.cks. This proposed
residential structure would likewise impinge on setbacks, but moves the new home
significantly further back from the lake than the previous home on the parcel. The
new residential structure would not alter the essential chatacter of the area.
P
5. The practical difficulties are related to the limited buildable area on the parcel. The
practical difficulties are not related to economic conditions. E
6. The variances would allow a new single-family residence to replace an existing
single-family residence,in a slightly different location on the lot and further from the E
lake. The proposed variances will not impair the supply of light or air to adjacent
properties,increase congestion,endanger the public,or substanrially diminish or
impair property values in the neighborhood. T'his finding is met.
7. The proposed size and configuration of the residential structure and attached garage
could be altered to reduce the degree of variances needed to accommodate it on the
substandard lot. However,it would be nearly impossible to reduce the residential e;
structure size and configuration enough to avoid any variances, g ven the size of the
lot, slopes, and one viable septic location.This finding is mostly met.
8. The variance is not related to a need for direct sunlight for solar energy systems.
BE IT FLJRTHER RESOLVED that the variances are approved in accordance with the
following:
1. Development of 12632 182nd Street North shall be sl all be in substantial compliance
with plans submitted to the City of Scandia on December 27,2019.
i
2. The setbacks for the new h use with approved variances sha11 be:
no less than forty(40}feet from the front property line along 182nd Street N
no less than l.I feet from the south prvperty line
no less than twenty(20)feet from tbe north roperty line
no less than 71.6 feet from the Ordinary High Water Level of Big Marine Lake
k;.!i
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tResolution No.: 2020-OS
Page 3 of 3
3. The applicant shall obtain required permits for tear down ofthe e sting home,grading,
a new driveway access and building pernuts from the City of Scandia.
Detailed grading and erosion control plans will be required and must address
drainage on the southeast side lot line,and may require relocating the proposed
well to allow for grading to direct drainage down the lot line instead of to
neighboring property.
A driveway culvert will be required but draina.ge upon the existing culvert needs
to be reviewed closely.
4. Washington County must review and approve the primary and secondary drainfield.
5. Minnesota Department of Health must approve and permit the proposed well.
6. If a retaining wall is approved and is in excess of four(4)feet in height,then a building
permit is required.
7. T'he site needs to be in compliance with Watershed District requirements and may
require a permit.
9. The applicant shall pay all fees and escrows associated with this application.
10. Any trees that aze of a diameter 6 inches or larger removed from the lot as the result of
clearing, filling, and grading shall be replaced with new trees.
Adopted by the Scandia City Council this 21 St day of January, 2020.
Christine Maefsky,Mayo
I ATTEST:
I',
I
enneth C illeri, City Administrator
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May 4, 2023 THIS LETTER SENT ONLY ELECTRONICALY
Dennis Palkert
12632 182nd St N
Scandia, MN 55073
RE: Work Performed Without Permit and Violation of Variance (PID 3303220310017)
Mr. Palkert,
Thank you for contacting me regarding the improvements made on your property that were
outside of the scope of the site plan that was approved with building permit 20-016. The City has
identified issues related to a setback encroachment and impervious area coverage on the site.
A variance was granted to allow construction at 12632 182nd St. N. This variance required that
there be a setback of no less than 71.6 feet from the Ordinary High Water Level (OHWL) of Big
Marine Lake. There are two ways to correct the site not being in compliance with the variance,
an amendment of the variance or removal of the patios.
You may apply for an amendment to your existing variance to allow for either of these structures
to remain. City staff would likely support the amendment to the variance to allow for the lower
patio that is approximately 68 ft. from the OHWL to remain, but staff will not support a variance
for the fire pit patio located approximately 10 ft. from the OHWL to remain. If you choose to
request an amendment to the variance, we will require an existing conditions survey to identify
the exact setback required.
Without the amendment to the variance, the fire pit that is located approximately 10 ft. from the
OHWL must be removed and the lower patio that is located approximately 68 ft. from the
OWHL must also be removed as they are both in violation of the conditions of the variance.
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Additionally, the lot has exceeded the maximum amount of impervious surface allowed. 25%
impervious lot coverage is allowed in the Shoreland Management Overlay District. While the
City understands that pervious pavers were used, the City does not recognize these as pervious
surfaces. The site currently has 25.6% impervious coverage. The removal of the fire pit patio will
bring the coverage down to 24.8% which will be incompliance with the ordinance. If you choose
to request an amendment to the variance to allow the fire pit patio to remain, a variance may also
be required to exceed the impervious surface coverage limits. Staff would not support this
request.
This is a first notice and work must be completed within 30 days of this letter, June 3, 2023.
If you have any questions, please contact me.
Thank you,
T.J. Hofer
City Planner
City of Scandia
612-271-6984
tj.hofer@bolton-menk.com
CC: Kyle Morell, City Administrator
Brenda Eklund, City Clerk
Eric Larson, City Attorney
Mike Isensee, Carnelian-Marine-St. Croix Watershed District
Attachments:
1. Resolution 2020-05 Approving a Variance for 12632 182nd Street North
2. Approved Site Plan with Comments from Planner Hofer
9
CITY OF SCANDIA,NIINNESOTA
RESOLUTION NO. 2020-05
APPROVING A VARIANCE FOR 12632 182ND STREET NORTH
WHEREAS,Mike Mann made an application for a variance from the required setbacks
from the Ordinary High Water Level (OHWL)of Big Marine Lake and from the south side lot
line to construct a new residential structure at 12632 182nd Street North, on property owned byJanaandDennisPalkert; and
WHEREAS,the property is legally described as follows:
LOT 7 OF THE RECORDED PLAT OF BIG LAKEVIEW 3RD ADDITION
WASHINGTON COUNTY MINNESOTA EXCEPT THAT PART OF SAID LOT 7
DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY COR-NER
OF SAID LOT 7 THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID
LOT 7 ON AN ASSUMED AZIMUTH FROM NORTH OF 54 DEGREES 45
MINUTES 08 SECONDS A DISTANCE OF 191.95 FEET'TI NCE ON AN
AZIMUTH OF 240 DEGREES O1 MINLTTE 32 SECONDS A DISTANCE OF 123.68
FEET TI N ON AN AZIMUTH OF 225 DEGREES 22 MINUTES 13 SECONDS A
DISTANCE OF 69.73 FEET TO 'TI POINT OF BEGINNING AT SAID
SOUTHWESTERLY CORNER OF LOT 7 SUBJECT TO THE ROAD AS IT
PRESENTLY RUNS OVER AND ACROSS TI WESTERLY EDGE OF THE LOT
BIG LAKEVIEW 3RD ADDITION WASHINGTON COUNTY,MINNESOTA; and
WHEREAS, the Planning Commission reviewed the request for the Variance at a duly
noticed Public Hearing on December 3, 2019 and tabled the item for potential site plan revisions;
and
WHEREAS, and Planning Commission reviewed a revised site plan and request for
Variances on January 7,2020,and recommended that the City Council approve the variances with
conditions;
NOW, THEREFORE,BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SCANDIA,WASHINGTON COUNTY,NIINNESOTA,that it should
and hereby does recommend that the City Council approve Variances to setbacks from the
Ordinary High Water Level (OHWL)of Big Marine Lake and from the south side lot line to
construct a new residential structure at 12632 182nd Street North; based on the followingfindings:
1. The Comprehensive Plan and Development Code support single-family residential
uses in the General Rura1 District and Shoreland Overlay District. The proposed
III
u
is
Resolution No.: 2020-US
Page 3 of 3
house fits with the intended use of the area and minimizes variances to the extent
possible given unique site constraints.
2. Sin le-famil residences aze ermitted,and therefore reasonable,uses in the GeneralgY1
Rural District and Shoreland Ovezlay District. The proposed residential structure
would replace an existing residential structure on the site. This use is reasonable
under the conditions allowed by the Development Code.
3. 'The smali size of the lot,with significant slopes and only one location for the new
septic,are practical difficulties unique to the lot.
4. Other properties in the area are substandard in size and some of the single-family
residential siructures impinge on the lake,side and/or road setba.cks. This proposed
residential structure would likewise impinge on setbacks, but moves the new home
significantly further back from the lake than the previous home on the parcel. The
new residential structure would not alter the essential chatacter of the area.
P
5. The practical difficulties are related to the limited buildable area on the parcel. The
practical difficulties are not related to economic conditions. E
6. The variances would allow a new single-family residence to replace an existing
single-family residence,in a slightly different location on the lot and further from the E
lake. The proposed variances will not impair the supply of light or air to adjacent
properties,increase congestion,endanger the public,or substanrially diminish or
impair property values in the neighborhood. T'his finding is met.
7. The proposed size and configuration of the residential structure and attached garage
could be altered to reduce the degree of variances needed to accommodate it on the
substandard lot. However,it would be nearly impossible to reduce the residential e;
structure size and configuration enough to avoid any variances, g ven the size of the
lot, slopes, and one viable septic location.This finding is mostly met.
8. The variance is not related to a need for direct sunlight for solar energy systems.
BE IT FLJRTHER RESOLVED that the variances are approved in accordance with the
following:
1. Development of 12632 182nd Street North shall be sl all be in substantial compliance
with plans submitted to the City of Scandia on December 27,2019.
i
2. The setbacks for the new h use with approved variances sha11 be:
no less than forty(40}feet from the front property line along 182nd Street N
no less than l.I feet from the south prvperty line
no less than twenty(20)feet from tbe north roperty line
no less than 71.6 feet from the Ordinary High Water Level of Big Marine Lake
k;.!i
e '
e
tResolution No.: 2020-OS
Page 3 of 3
3. The applicant shall obtain required permits for tear down ofthe e sting home,grading,
a new driveway access and building pernuts from the City of Scandia.
Detailed grading and erosion control plans will be required and must address
drainage on the southeast side lot line,and may require relocating the proposed
well to allow for grading to direct drainage down the lot line instead of to
neighboring property.
A driveway culvert will be required but draina.ge upon the existing culvert needs
to be reviewed closely.
4. Washington County must review and approve the primary and secondary drainfield.
5. Minnesota Department of Health must approve and permit the proposed well.
6. If a retaining wall is approved and is in excess of four(4)feet in height,then a building
permit is required.
7. T'he site needs to be in compliance with Watershed District requirements and may
require a permit.
9. The applicant shall pay all fees and escrows associated with this application.
10. Any trees that aze of a diameter 6 inches or larger removed from the lot as the result of
clearing, filling, and grading shall be replaced with new trees.
Adopted by the Scandia City Council this 21 St day of January, 2020.
Christine Maefsky,Mayo
I ATTEST:
I',
I
enneth C illeri, City Administrator
25'-10"28'-10"11'-6"33'-0"EXISTING4" PVCPIPECAPS4'-4"16'-10"1'-
40'-1"
1,500.63 sf
Proposed Impervious - 5905 sq. ft.
Removed Wooden Stairs - -86 sq. ft.
Fire Pit Patio - 199 sq. ft.
Stariways - 190.69 sq. ft.
Unapproved Patio and Stairways - 430.88
Total - 6669.57
Impervious Coverage - 6669.57/26031 = 25.6%
Required Removal of Fire Pit = 6669.57-199 = 6470.57 sq. ft.
Impervious after Removal = 6470.57/26031 = 24.8%
Versa Lock Pla
Charcoal Blend
REMOVED FR
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Carnelian-Marine-St. Croix Watershed District
11660 Myeron Rd North • Stillwater, MN 55082 • Tel 651-275-7451
Wade Johnson, President ● Mike White, Treasurer ● Paul Richert, Secretary
Managers: Tori Dupre, Kristin Tuenge, Andy Weaver, & Ann Warner
1
To: Scandia Planning Commission, TJ Hofer – Planner, & Kyle Morell–Administrator
From: Carnelian Marine St. Croix Watershed District
Date: 8/22/2023
Subject: 12632 182nd Street North Variance Request
The Carnelian Marine St. Croix Watershed District (CMSCWD) does not support the variance for an
impervious surface within the OHWL setback at 12632 182nd Street North, Scandia MN.
The CMSCWD does not support any variance from water resource setbacks as these variances impact
the long-term health of Big Marine Lake. The addition of the 2nd patio would increase the impervious
surface footprint within the water resource setback and increase the rate of runoff from the area. If the
City does approve a variance, please consider the following CMSCWD rule requirements in your
variance conditions:
1. Submit a site plan with stormwater management practices that captures >80% of the patio
surface in compliance with the District’s Residential Stormwater Worksheet.
2. Submit a declaration of stormwater maintenance for the proposed stormwater practice.
Tree removals without replacement has led to ecological and aesthetic degradation of the Big Marine
Lake Shoreland and Shoreline habitats. Replacement of trees in a manner that promotes screening of
structures, vehicles, or other facilities as viewed from the water during leaf-on conditions and replaces
critical habitats for shoreland and healthy aquatic ecosystems is recommended. The original site
plans submitted to CMSCWD for this property proposed the removal of 42 trees from the lot to
accommodate the redevelopment (see Image 1). If the City does approve a variance, please consider
the following variance conditions to align the redevelopment of this parcel with City Development
Code Chapter 5 Section 8.2:
1. Provide an updated tree planting plan that promotes screening of structures, vehicles, or
other facilities as viewed from the water during leaf-on conditions with tree plantings within
the SIZ (Code 8.23a).
2. Replacement trees should be species native to Minnesota and match the surrounding natural
Big Marine Lake lakeshore habitat.
3. All future tree removals (regardless of health status) be replaced at a ratio no less than 1:1 and
be planted in a manner that increases and maintains screening and habitat functions as
approved by the City.
Respectfully,
Tom Langer – CMSCWD Riparian Permit Specialist
Carnelian-Marine-St. Croix Watershed District
11660 Myeron Rd North • Stillwater, MN 55082 • Tel 651-275-7451
Wade Johnson, President ● Mike White, Treasurer ● Paul Richert, Secretary
Managers: Tori Dupre, Kristin Tuenge, Andy Weaver, & Ann Warner
2
Image 1: Shows tree locations prior to redevelopment. Tree symbols with red ‘x’ denote trees
proposed for removal.
