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08.b1 Criego Variance - CC Packet Date of Meeting: June 18, 2024 To: Honorable Mayor and Members of the City Council From: TJ Hofer, City Planner Kristi Trisko, Consultant Planner Re: Variance from the OHWL Setback of a Natural Environment Lake for PID 0303220340001, 0303220330001, 0303220330002, 0303220320004, and 0303220310002 Applicant: Troy Criego Zoning: AG-C Owner: Troy Criego & Jennifer Schankereli Future Land Use: Agricultural Core Area Location: PID 0303220340001, 0303220330001, 0303220330002, 0303220320004, 0303220310002 Review Deadline May 30, 2024 The applicant is requesting approval of a variance from the ordinary high-water setback of a natural environmental lake and wetland for an impervious driveway. The staff report to the Planning Commission from the June 4, 2024, meeting is attached and includes the background of the project as well as an analysis based on the standards in the Unified Development Code. Staff did note corrections to the staff report during the meeting and the attached report updated reflect these corrections. Review Comments The submittal was sent to city staff and other regulatory agencies for review and comment. No comments were received. Planning Commission The Planning Commission heard the application at the June 4, 2024, meeting. The Commission held a public hearing where no comments were received. The Commission then closed the public hearing. The Planning Commission discussed emergency vehicles access and tree removal to accommodate the development. The Planning Commission moved to recommend approval of all three requests. The motion was approved with a vote of 4-0 (Fodor absent). Staff Analysis Staff finds that the proposed variance is consistent with the UDC and the Comprehensive Plan. The Comprehensive Plan states that all land uses should be adequately served by all necessary infrastructure and to encourage low impact development techniques in new developments. The applicant has established that a practical difficulty is present and should be granted a variance to allow the existing driveway within the OHWL setbacks from the existing natural environmental lake and wetland. COUNCIL ACTION The City Council can do one of the following: 1. Approve, with or without conditions, of the attached resolution. 2. Deny, with findings, of the attached resolution. 3. Table the request for further review/study. The Planning Commission recommend approval of the proposed variance, subject to the following findings: 1. The proposed driveway allows for a reasonable use for the properties. The properties are within a zoning district that permits single-family residential use. Once the lots are combined, the driveway will provide access to all of the parcels bringing them into conformance. It is reasonable that the combined lots be approved for development of a single-family dwelling with a private driveway. 2. Development of the lots and the farm road was not directly due to circumstances created by the property owner. The lots have been accessed and farmed by a single farm road for many years. The road is an existing feature passing through three of the five lots creating a unique circumstance where an improved impervious surface is needed within an existing roadway. 3. If the variance were granted, it would not alter the essential character of the locality as the farm road alignment will stay the same and the agricultural uses will continue on the 75-acre site with an additional dwelling, typical of the farm sites surrounding the applicant’s properties. 4. Economic conditions are not the sole 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. The proposed driveway improvement is the minimum action required to eliminate the practical difficulty. The Planning Commission recommend approval with the following conditions of approval: 1. A survey of the location of home and private utility facilities shall be submitted to the City prior to obtaining a building permit. 2. The driveway can remain as it currently is, but if it is improved it must be designed to drain away from the water resources. 3. All five lots must be combined and recorded into one tax parcel. 4. A grading permit including grading plan and erosion control plan shall be submitted to the City for review, showing any areas of soil disruption, construction entrances, building floor elevations, including the garage, and drainage patterns, and other such information deemed necessary for review by the City Engineer. 5. A turnaround within 200 ft. of the home will be required to accommodate a fire apparatus and the driveway must be a minimum of 12 ft. in width and be able to support the weight of the fire apparatus. 6. The approved nonconforming driveway shall not be allowed to expand through the process established in the UDC in Section 153.500.110 Subd. 3 (D). 7. The applicant shall secure all applicable permits required from local, state, and federal entities. 8. The applicant shall receive a permit from and be in compliance with the standards of the Comfort Lake – Forest Lake Watershed District. 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. RECOMMENDATION Staff recommends the City Council: Motion to approve Resolution 06-18-24-01 to approve a variance from ordinary high water level and wetland setback to allow for construction of a private driveway with conditions as described by staff within the staff report. Attachments 1. Draft Resolution 06-18-24-01 Approving a Variance 2. Planning Commission "Variance from the OHWL Setback of a Natural Environment Lake for PID 0303220340001, 0303220330001, 0303220330002, 0303220320004, and 0303220310002”, June 4, 2024 CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 06-18-24-01 APPROVING A VARIANCE FROM THE ORDINARY HIGH-WATER LEVEL SETBACK OF A NATURAL ENVIRONMENTAL LAKE FOM AN IMPERVIOUS DRIVEWAY FOR PARCELS 0303220340001, 0303220330001, 0303220330002, 0303220320004, AND 0303220310002 LOCATED AT 13566 230TH STREET NORTH WHEREAS, Troy Criego (the “applicant”), has requested and made an application for a 150 foot variance from the 200 foot ordinary high water level setback to improve an existing farm road to a driveway for a new home located at 13566 230th Street North and the property is legally described as; See Attachment A; and WHEREAS, the Planning Commission reviewed the variance request at a duly noticed Public Hearing on June 4, 2024, 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, a 150 foot variance from the 200 foot ordinary high water level setback of a natural environment lake and a 5 foot variance from the 75 foot setback of a Manage 1 wetland to allow an existing impervious surface driveway for a new home, based on the following findings: 1. The proposed driveway allows for a reasonable use for the properties. The properties are within a zoning district that permits single-family residential use. Once the lots are combined, the driveway will provide access to all of the parcels bringing them into conformance. It is reasonable that the combined lots be approved for development of a single-family dwelling with a private driveway. 2. Development of the lots and the farm road was not directly due to circumstances created by the property owner. The lots have been accessed and farmed by a single farm road for many years. The road is an existing feature passing through three of the five lots creating a unique circumstance where an improved impervious surface is needed within an existing roadway. 3. If the variance were granted, it would not alter the essential character of the locality as the farm road alignment will stay the same and the agricultural uses will continue on the 75-acre site with an additional dwelling, typical of the farm sites surrounding the applicant’s properties. 4. Economic conditions are not the sole 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. The proposed driveway improvement is the minimum action required to eliminate the practical difficulty. FURTHER BE IT RESOLVED that the following conditions of approval shall be met: 1. A survey of the location of home and private utility facilities shall be submitted to the City prior to obtaining a building permit. 2. The driveway can remain as it currently is, but if it is improved it must be designed to drain away from the water resources. 3. All five lots must be combined and recorded into one tax parcel. 4. A grading permit including grading plan and erosion control plan shall be submitted to the City for review, showing any areas of soil disruption, construction entrances, building floor elevations, including the garage, and drainage patterns, and other such information deemed necessary for review by the City Engineer. 5. A turnaround within 200 ft. of the home will be required to accommodate a fire apparatus and the driveway must be a minimum of 12 ft. in width and be able to support the weight of the fire apparatus. 6. The approved nonconforming driveway shall not be allowed to expand through the process established in the UDC in Section 153.500.110 Subd. 3 (D). 7. The applicant shall secure all applicable permits required from local, state, and federal entities. 8. The applicant shall receive a permit from and be in compliance with the standards of the Comfort Lake – Forest Lake Watershed District. 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. Whereupon, said Resolution is hereby declared adopted on this 18th day of June 2024. Christine Maefsky, Mayor ATTEST: Kyle Morell, City Administrator Updated based on corrections noted during June 4, 2024, Planning Commission Meeting. Date of Meeting: June 4, 2024 To: Chair Loeffler and Planning Commission Members From: TJ Hofer, Consultant City Planner Kristi Trisko, Consultant Planner Re: Variance from the OHWL Setback of a Natural Environment Lake for PID 0303220340001, 0303220330001, 0303220330002, 0303220320004, and 0303220310002 Applicant: Troy Criego Zoning: AG-C Owner: Troy Criego & Jennifer Schankereli Future Land Use: Agricultural Core Area Location: PID 0303220340001, 0303220330001, 0303220330002, 0303220320004, 0303220310002 Review Deadline May 30, 2024 The applicant is requesting approval of a variance from the ordinary high-water setback of a natural environmental lake and wetland for an impervious driveway. BACKGROUND Troy Criego and Jennifer Schankereli own five lots in north-central Scandia and are proposing to use an existing farm road off 230th Street North to access a new home to be built on PID 0303220320004. The existing farm road and home site runs through three of their five lots and contains a natural environmental lake and wetlands. Jay Riggs, of the MNWCD, was contacted in review of this project and asked to assess the site. The farm road was graded and improved last year along with adding a culvert to connect a new swale to the wetland. The current farm road is about 50 ft. from the natural environment lake ordinary high water level and 70 ft. from the wetland. Riggs also noted that the wetland is considerably smaller than what is shown by the National Wetland Inventory boundaries. All lots are zoned Agricultural Core (AG-C) and are within the Shoreland Management Overlay (SM-O). The combined acreage for the applicant’s five lots is approximately 75.04 acres. EVALUATION OF REQUEST Existing and Proposed Conditions A non-conforming, private farm road that is approximately 1,500 ft. in length has been used to access the five agricultural lots owned by the applicant for many years. With the development of a home near the northern end of the five lots, the private farm road proposed to connect the home to 230th Street North, must be improved to a private driveway. A driveway is considered an impervious surface and will not meet the minimum setback standards for a natural environmental lake and wetland, and therefore requires a variance to be developed. The proposed principal structure is a single-family dwelling with a private driveway. The principal dwelling site appears to conform with the City of Scandia’s UDC but a survey showing the home and surrounding private facilities, lake, and wetland will be required before a building permit is approved to verify that all city standards are met. Staff has included a condition that a survey will be required before a building permit is obtained. The City’s UDC require that contiguous nonconforming lots under the same ownership within must be combined if certain conditions are not met as described in 153.500.110 Subd. 5 (D) through (G). (D) states, “(D) The lot has frontage and access on an improved public street or an approved private road…” The four lots that do not have frontage along right-of-way do not meet this standard. Staff has included a condition that the lots be combined. There is a wetland and natural environmental lake near the existing farm road proposed to be converted into a private driveway. These water resources have been reviewed by Jay Riggs from the WCD and the distance from the OHWL of these is approximately 50 ft. from the natural environment lake and 70 ft. from the wetland. The required setback for impervious surfaces from a natural environment lake is 200 ft. The wetland was determined to be a Manage 1 wetland is approximately 70 ft. from the existing driveway, where 75 ft. would be required. The UDC establishes that it is the intent of the City that all nonconformities shall be eventually brought into conformity. As an existing legal nonconformity the existing driveway is allowed certain rights, however, as part of an application to improve the property and change the use, the City may impose reasonable conditions to bring the existing nonconformity into compliance. 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 driveway allows for a reasonable single-family and agricultural use for the properties. The properties are within a zoning district that permits single-family residential use. Once the lots are combined, the driveway will provide access to all of the parcels bringing them into conformance. There is no other alternative access to the site as the properties owned by the applicant only abut 230th St N. It is reasonable that the combined lots be approved for development of a single-family dwelling with a private driveway. b. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Development of the lots and the farm road was not directly due to circumstances created by the property owner. The lots currently are accessed and farmed by the existing road. The parcels to be developed, once combined will be conforming parcels. The parcels cannot be accessed without passing through the ordinary high-water level setback of the natural environment lake. 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 as the farm road alignment will stay the same. d. Economic conditions alone shall not constitute practical difficulties. Economic conditions are not the sole 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. The proposed variance is the minimum action required to eliminate the practical difficulty as no action is required. Staff has included a condition that if the driveway is improved in the future to protect the nearby water resources. ANALYSIS Review Comments The submittal was sent to city staff and other regulatory agencies for review and comment. Comments from other entities have been incorporated into the conditions for approval. Comfort Lake – Forest Lake Watershed District The applicant will need a CLFLWD permit for erosion control and lake, stream, and wetland buffer. The buffer requirement is triggered by a variance for setback from a wetland or surface water resource. Washington Conservation District Washington Conservation District provided no comment. Washington County Department of Public Health & Environment The area marked on the site map as “proposed septic system” was reviewed by the county previously in 2022 and found to have at least the minimum required area and soil to support future long-term sewage treatment on the property. Washington County SSTS require that this be identified prior to building on a new or undeveloped property. If the proposed septic area ends up being moved or altered during the process of approving the driveway, then additional soil sampling may be needed before the house can be built. Department of Natural Resources The DNR Area Hydrologist provided no comment. Engineering Department The City Engineer has provided comments regarding the application which are attached. The City will require adequate drainage, utility, road easement along 230th, upon receiving a final survey. We can’t provide the distance or width needed at this time. Survey may show something already exists. A grading permit will be required prior to building for submittal and approval. A discussion regarding the number of trees that will be required to be removed for the proposed septic system may be warranted. Fire Department The Fire Chief has provided a comment that due to the driveway being 1,500 ft. long, a turnaround area able to accommodate fire apparatus will be required within 200 ft. of the primary structure. The driveway would also need to be 12 ft. wide and support the weight of the fire apparatus. Public Works Department The Public Works Director has provided a comment that a driveway permit may be required and a culvert will be required as part of either the driveway permit or the grading permit. Staff Analysis Staff finds that the proposed variance is consistent with the UDC and the Comprehensive Plan. The Comprehensive Plan states that all land uses should be adequately served by all necessary infrastructure and to encourage low impact development techniques in new developments. The applicant has established that a practical difficulty is present and should be granted a variance to allow the existing driveway within the OHWL setbacks from the existing natural environmental lake and wetland. COMMISSION ACTION The Planning Commission can do one of the following: 1. Recommend approval, with or without conditions, of the attached ordinance and resolutions. 2. Recommend denial, with findings, of the attached ordinance and resolutions. 3. Table the request for further review/study. Staff recommends that the Planning Commission recommend approval of the proposed variance, subject to the following findings: 1. The proposed driveway allows for a reasonable use for the properties. The properties are within a zoning district that permits single-family residential use. Once the lots are combined, the driveway will provide access to all of the parcels bringing them into conformance. It is reasonable that the combined lots be approved for development of a single-family dwelling with a private driveway. 2. Development of the lots and the farm road was not directly due to circumstances created by the property owner. The lots have been accessed and farmed by a single farm road for many years. The road is an existing feature passing through three of the five lots creating a unique circumstance where an improved impervious surface is needed within an existing roadway. 3. If the variance were granted, it would not alter the essential character of the locality as the farm road alignment will stay the same and the agricultural uses will continue on the 75-acre site with an additional dwelling, typical of the farm sites surrounding the applicant’s properties. 4. Economic conditions are not the sole 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. The proposed driveway improvement is the minimum action required to eliminate the practical difficulty. Staff has prepared conditions of approval: 1. A survey of the location of home and private utility facilities shall be submitted to the City prior to obtaining a building permit. 2. The driveway can remain as it currently is, but if it is improved it must be designed to drain away from the water resources. 3. All five lots must be combined and recorded into one tax parcel. 4. A grading permit including grading plan and erosion control plan shall be submitted to the City for review, showing any areas of soil disruption, construction entrances, building floor elevations, including the garage, and drainage patterns, and other such information deemed necessary for review by the City Engineer. 5. A turnaround within 200 ft. of the home will be required to accommodate a fire apparatus and the driveway must be a minimum of 12 ft. in width and be able to support the weight of the fire apparatus. 6. The approved nonconforming driveway shall not be allowed to expand through the process established in the UDC in Section 153.500.110 Subd. 3 (D). 7. The applicant shall secure all applicable permits required from local, state, and federal entities. 8. The applicant shall receive a permit from and be in compliance with the standards of the Comfort Lake – Forest Lake Watershed District. 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. RECOMMENDATION Staff recommends the Planning Commission: Motion to recommend approval of the attached resolution to approve a variance to allow for construction of a private driveway with conditions as described by staff within the staff report. Attachments 1. Draft Resolution 06-18-24-XX Approving a Variance 2. Location and Zoning Map 3. Future Land Use Map 4. Protected Waters and Wetland Map 5. Application and Site Map 6. Jay Riggs comments, dated May 17, 2024 7. CLFLWD comments, dated May 21, 2024 8. Fire Department comments, dated May 21, 2024 9. Washington County SSTS comments, dated May 21, 2024 10. City Engineer comments, dated May 23, 2024 CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 06-18-24-XX APPROVING A VARIANCE FROM THE ORDINARY HIGH-WATER LEVEL SETBACK OF A NATURAL ENVIRONMENTAL LAKE FOM AN IMPERVIOUS DRIVEWAY FOR PARCELS 0303220340001, 0303220330001, 0303220330002, 0303220320004, AND 0303220310002 LOCATED AT 13566 230TH STREET NORTH WHEREAS, Troy Criego (the “applicant”), has requested and made an application for a 150 foot variance from the 200 foot ordinary high water level setback to improve an existing farm road to a driveway for a new home located at 13566 230th Street North and the property is legally described as; See Attachment A; and WHEREAS, the Planning Commission reviewed the variance request at a duly noticed Public Hearing on June 4, 2024, 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, a 150 foot variance from the 200 foot ordinary high water level setback of a natural environment lake to allow an existing impervious surface driveway for a new home, based on the following findings: 1. The proposed driveway allows for a reasonable use for the properties. The properties are within a zoning district that permits single-family residential use. Once the lots are combined, the driveway will provide access to all of the parcels bringing them into conformance. It is reasonable that the combined lots be approved for development of a single-family dwelling with a private driveway. 2. Development of the lots and the farm road was not directly due to circumstances created by the property owner. The lots have been accessed and farmed by a single farm road for many years. The road is an existing feature passing through three of the five lots creating a unique circumstance where an improved impervious surface is needed within an existing roadway. 3. If the variance were granted, it would not alter the essential character of the locality as the farm road alignment will stay the same and the agricultural uses will continue on the 75-acre site with an additional dwelling, typical of the farm sites surrounding the applicant’s properties. 4. Economic conditions are not the sole 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. The proposed driveway improvement is the minimum action required to eliminate the practical difficulty. FURTHER BE IT RESOLVED that the following conditions of approval shall be met: 1. A survey of the location of home and private utility facilities shall be submitted to the City prior to obtaining a building permit. 2. The driveway can remain as it currently is, but if it is improved it must be designed to drain away from the water resources. 3. All five lots must be combined and recorded into one tax parcel. 4. A grading permit including grading plan and erosion control plan shall be submitted to the City for review, showing any areas of soil disruption, construction entrances, building floor elevations, including the garage, and drainage patterns, and other such information deemed necessary for review by the City Engineer. 5. A turnaround within 200 ft. of the home will be required to accommodate a fire apparatus and the driveway must be a minimum of 12 ft. in width and be able to support the weight of the fire apparatus. 6. The approved nonconforming driveway shall not be allowed to expand through the process established in the UDC in Section 153.500.110 Subd. 3 (D). 7. The applicant shall secure all applicable permits required from local, state, and federal entities. 8. The applicant shall receive a permit from and be in compliance with the standards of the Comfort Lake – Forest Lake Watershed District. 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. Whereupon, said Resolution is hereby declared adopted on this 18th day of December 2024. Christine Maefsky, Mayor ATTEST: Kyle Morell, City Administrator Attachment A 03.032.20.32.0004 Section 03 Township 032 Range 020 PT NW1/4-SW1/4 LYING ELY OF W 30 RODS EXC 50FT STRIP FOR R/W TRANSM LINES 03.032.20.31.0002 Section 03 Township 032 Range 020 W1/2-NE1/4-SW1/4 EXC A STRIP 50 FT WIDE FOR RIGHT OF WAY 0303220330002 Section 03 Township 032 Range 020 N1/2-E1/2-W1/2-SW1/4-SW1/4 EXCEPT 50FT WIDE STRIP OF LAND RUNNING ACROSS THE ABV PRCL & DESC AS BEING 25FT WIDE ON ON EACH SIDE OF C/L WHICH CROSSES ABV DESC PRCL AND IS DESC AS COM AT A STAKE ON N NORTH SEC LN 901.8FT 0303220330001 Section 03 Township 032 Range 020 N1/2-E1/2-SW1/4-SW1/4 0303220340001 Section 03 Township 032 Range 020 W1/2-SE1/4-SW1/4 75 2.3 © Bolton & Menk, Inc - Web GIS 0 Legend Location & Zoning Map This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information, and data located in various city, county, and state offices, and other sources affecting the area shown, and is to be used for reference purposes only. The City of Scandia is not responsible for any inaccuracies herein contained. Disclaimer: 5/30/2024 2:04 PM 527 Feet City Limits Parcels (1/1/2024) Lot Lines Parks Shoreland Overlay PUD Overlay Lakes Mining Overlay Saint Croix River District Zoning Agricultural Core Agricultural Preserves Rural Residential General Village Neighborhood Rural Commercial Rural Residential Neighborhood Village Historic Core Village Center Open Space - Planned Unit Development Industrial Park Scandia_2022.sid Red: Band_1 Green: Band_2 Blue: Band_3 Big Marine Park Reserve Big Marine Lake William O'Brien State Park G o o s e L a k e Bone L a k e ?øA@ ?öA@ S÷ SÚ Sd S« S° Wisconsin Chisago County Franconia Township Hugo Forest Lake Wyoming Chisago Lake Township May Township May Township Marine on Saint Croix Chisago City Scandia Comprehensive Plan Scandia, Minnesota April 2019, Updated August 2023 Proposed Future Land Use Legend Agricultural Core General Rural Mining St Croix River District Recreation Area Protected Rural Commercial Rural Mixed Use Village Mixed Use Village Neighborhood Open Water Railway 0 ½ Miles Source: Washington County, Met. Council, MnGeo, MnDOT, Esri !I Future Land Use City Limits County Boundary PARCELS Aggregate Resources Agricultural Preserves Highway 75 2.3 © Bolton & Menk, Inc - Web GIS 0 Legend This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information, and data located in various city, county, and state offices, and other sources affecting the area shown, and is to be used for reference purposes only. The City of Scandia is not responsible for any inaccuracies herein contained. Disclaimer: 5/30/2024 2:11 PM 527 Feet City Limits Parcels (1/1/2024) Lot Lines National Wetlands Inventory PWI Basin Public Water Basin Public Water Wetland PWI - Watercourse Parks Scandia_2022.sid Red: Band_1 Green: Band_2 Blue: Band_3 Protected Waters & Wetlands Map FW: 13566 230th St N. - Scandia Parcel 03.032.20.34.0001 Kyle Morell <k.morell@ci.scandia.mn.us> Fri 5/17/2024 11:57 AM To: TJ Hofer <tj.hofer@bolton-menk.com> 2 attachments (4 MB) 20240517_112716_resized.jpg; 20240517_114248_resized.jpg; TJ, Here Jay’s analysis of the driveway and its distances. Kyle H. Morell City Administrator City of Scandia 14727 209th Street North Scandia, MN 55073 Phone: 651.433.2274  Fax: 651-433-5112  Cell: 651.245.2654 Web: www.cityofscandia.com Email: k.morell@ci.scandia.mn.us From: Jay Riggs <JRiggs@mnwcd.org> Sent: Friday, May 17, 2024 11:50 AM To: Kyle Morell <k.morell@ci.scandia.mn.us> Subject: RE: 13566 230th St N. - Scandia Parcel 03.032.20.34.0001 It looks like the farm road was graded and improved last year. A culvert was added to connect a new swale to the dnr wetland. The driveway is about 50' from the dnr wetland in the closest locaon. More substanal grading was done as the drivway goes up the hill and transions to the next parcel. The driveway edge is about 70' from the WCA wetland. Photos aached. Jay Riggs, District Manager Washington Conservaon District Direct Line: 651-796-2229 Email: jriggs@mnwcd.org Web: www.mnwcd.org -------- Original message -------- From: Kyle Morell <k.morell@ci.scandia.mn.us> Date: 5/16/24 14:54 (GMT-06:00) 5/21/24, 9:06 AM Mail - TJ Hofer - Outlook https://outlook.office.com/mail/id/AAMkADFjNzJlYjA5LWIwODgtNGY1Ny1hNjQyLWZmNzY5YjJlMTJkMABGAAAAAABnWVF1sVCLT7CuDtObPuLDB…1/3 To: Jay Riggs <JRiggs@mnwcd.org> Subject: RE: 13566 230th St N. - Scandia Parcel 03.032.20.34.0001 Thank you. Kyle H. Morell City Administrator City of Scandia 14727 209th Street North Scandia, MN 55073 Phone: 651.433.2274  Fax: 651-433-5112  Cell: 651.245.2654 Web: www.cityofscandia.com Email: k.morell@ci.scandia.mn.us From: Jay Riggs <JRiggs@mnwcd.org> Sent: Thursday, May 16, 2024 10:47 AM To: Kyle Morell <k.morell@ci.scandia.mn.us> Subject: RE: 13566 230th St N. - Scandia Parcel 03.032.20.34.0001 I will look at this tomorrow! Jay Jay Riggs, District Manager Cerfied Wetland Professional #1298 Washington Conservaon District 455 Hayward Avenue North, Oakdale, MN 55128 Phone: 651-796-2229 Email: jriggs@mnwcd.org Web: www.mnwcd.org From: Kyle Morell <k.morell@ci.scandia.mn.us> Sent: Monday, May 13, 2024 3:28 PM To: Jay Riggs <JRiggs@mnwcd.org> Subject: 13566 230th St N. - Scandia Parcel 03.032.20.34.0001 Jay, The parcel owner listed above is looking to build a house on what is currently farmland. This use change necessitates a variance from the City for the driveway to the house, which is the old farm road. The parcel has a DNR lake on it, which requires a 200 setback, which the old farm road did not meet. Are you able/willing to determine the lake's western boundary and the wetland boundary on the north side of the parcel so that we know how far the driveway is from the lake and the wetland? The clipped map below shows the approximate locaon of the exisng farm road/future driveway. I want to know the best approximaon for the distance from the driveway to the DNR lake boundary and the wetland. Since the road/driveway already exists and has for decades, I am trying to avoid having the property owner do a wetland delineaon. Call me if you have any quesons or want to discuss. 5/21/24, 9:06 AM Mail - TJ Hofer - Outlook https://outlook.office.com/mail/id/AAMkADFjNzJlYjA5LWIwODgtNGY1Ny1hNjQyLWZmNzY5YjJlMTJkMABGAAAAAABnWVF1sVCLT7CuDtObPuLDB…2/3 Thank you. Kyle H. Morell City Administrator City of Scandia 14727 209th Street North Scandia, MN 55073 Phone: 651.433.2274  Fax: 651-433-5112  Cell: 651.245.2654 Web: www.cityofscandia.com Email: k.morell@ci.scandia.mn.us 5/21/24, 9:06 AM Mail - TJ Hofer - Outlook https://outlook.office.com/mail/id/AAMkADFjNzJlYjA5LWIwODgtNGY1Ny1hNjQyLWZmNzY5YjJlMTJkMABGAAAAAABnWVF1sVCLT7CuDtObPuLDB…3/3 RE: Criego Variance (PID 0303220340001, 0303220330001, 0303220330002, 0303220320004, 0303220310002) Mike Sandager <mike.sandager@clflwd.org> Tue 5/21/2024 9:36 AM To: TJ Hofer <tj.hofer@bolton-menk.com>; Ryan Goodman <Ryan.Goodman@bolton-menk.com>; Charles Fischer <c.fischer@ci.scandia.mn.us>; mike.hinz@scandiafire.com <mike.hinz@scandiafire.com>; Joe Sanders <Joe.Sanders@co.washington.mn.us>; Sarah Borrell <Sarah.Borrell@co.washington.mn.us>; Scollan, Daniel (DNR) <daniel.scollan@state.mn.us> Cc: Kyle Morell <k.morell@ci.scandia.mn.us> Hello TJ, The applicant will need a CLFLWD permit for erosion control and lake, stream, and wetland buffer. The buffer requirement is triggered by a land use variance for lot hard surface percentage or structure setback from a wetland or surface water resource has been approved on or aer February 1, 2009. Thanks, Mike Sandager, MSc (He/Him) Permit Coordinator Phone (651) 395-5859 Email mike.sandager@clflwd.org Web www.clflwd.org Office 44 Lake St. South, Suite A, Forest Lake, MN 55025 NOTICE: The CLFLWD is monitoring the situaon surrounding COVID-19 and is following the guidance of the Center for Disease Control and the Minnesota Department of Health. District employees are available by phone, email, and in office by appointment. Unl further noce, all CLFLWD public meengs will be conducted via telephone or other electronic means. Info on how to join these meengs is available here: hps://www.clflwd.org/minutes.php 5/21/24, 10:13 AM Mail - TJ Hofer - Outlook Re: Criego Variance (PID 0303220340001, 0303220330001, 0303220330002, 0303220320004, 0303220310002) Mike Hinz <mike.hinz@scandiafire.com> Tue 5/21/2024 9:40 AM To: TJ Hofer <tj.hofer@bolton-menk.com> Hi TJ Due to the fact that the driveway is about 1500 feet long we would need a turn around area to accommodate fire apparatus within 200 feet of the primary structure. The driveway would also need to be 12' wide and support the weight of fire apparatus. Thank you, Mike Hinz Chief, Scandia Fire & Rescue Station 651-433-4383 Cell 651-303-4611 mike.hinz@scandiafire.com   5/21/24, 10:13 AM Mail - TJ Hofer - Outlook RE: Criego Variance (PID 0303220340001, 0303220330001, 0303220330002, 0303220320004, 0303220310002) Joe Sanders <Joe.Sanders@co.washington.mn.us> Tue 5/21/2024 2:45 PM To: TJ Hofer <tj.hofer@bolton-menk.com>; Sarah Borrell <Sarah.Borrell@co.washington.mn.us> Hi TJ, The area marked on the site map as “proposed septic system” was reviewed by the county previously in 2022 and found to have at least the minimum required area and soil to support future long-term sewage treatment on the property. We require that this be identified prior to building on a new or undeveloped property. If this septic area ends up being moved or altered during the process of approving the driveway, then additional soil sampling may be needed before the house can be built. Otherwise, we don’t have concerns with the proposed driveway variance. Thank you, Joe Sanders | Sr. Environmental Specialist Washington County Department of Public Health & Environment 14949 62nd St N, Room 4600 | Sllwater MN 55082 651-430-6679 5/21/24, 7:05 PM Mail - TJ Hofer - Outlook RE: Criego Variance (PID 0303220340001, 0303220330001, 0303220330002, 0303220320004, 0303220310002) Ryan Goodman <Ryan.Goodman@bolton-menk.com> Thu 5/23/2024 2:47 PM To: TJ Hofer <tj.hofer@bolton-menk.com> Cc: Kyle Morell <k.morell@ci.scandia.mn.us>; Charles Fischer <c.fischer@ci.scandia.mn.us>; Mike Hinz <mike.hinz@scandiafire.com>; Isiah Bubany <Isiah.Bubany@bolton-menk.com> TJ, Have the following comments: Need to acquire adequate drainage, utility, road easement along 230th, upon receiving a final survey can’t provide the distance/width needed at this time. Maybe survey would show something already exists as well. Grading Permit prior to building will be required for submittal and approval. Discussion on proposed septic system/drainfield may be warranted for number of trees that will have to be removed. Charlie – may require a driveway permit even know it’s an existing farm access, but the ditch through here is very important and the driveway will require some alterations for residential purposes Fire Chief – may require turnarounds/bumps outs or other driveway modifications because length of driveway being proposed to a residential property Project shall be in compliance of the Watershed District and Washington Conservation District Ryan J Goodman P.E. Bolton & Menk, Inc. 3507 High Point Drive North Bldg. 1 Suite E130 5/24/24, 10:03 AM Mail - TJ Hofer - Outlook https://outlook.office.com/mail/inbox/id/AAMkADFjNzJlYjA5LWIwODgtNGY1Ny1hNjQyLWZmNzY5YjJlMTJkMABGAAAAAABnWVF1sVCLT7CuDtObP…1/3