7.b2 1 smith variance 20919 QuintMemorandum
To: Scandia City Council Reference: 20919 Quint Avenue Variance
Request
Copies To: Neil Soltis, City
Administrator
Brenda Ecklund, City Clerk
Michael and Pamela Smith,
applicants
Project No.: 16022.019
From: Sherri Buss, RLA AICP, Routing:
Planner
Date: November 8, 2016
SUBJECT: 20919 Quint Avenue Variance Request for an Accessory Structure
MEETING DATE: November 15, 2016
LOCATION: 20919 Quint Avenue
Scandia, Minnesota
APPLICANTS: Michael and Pamela Smith
PO Box 129
Scandia, MN 55073
ZONING: Agriculture — Core (AG C) and St. Croix River Overlay District
120 -DAY PERIOD: December 13, 2016
ITEMS REVIEWED: Application, survey, and supplemental information received October
14, 2016
BRIEF DESCRIPTION OF THE REQUEST:
The applicants are proposing to replace two existing structures and a trash enclosure with a
new garage. They also propose to replace an existing concrete wall and staircase near the new
garage with a stone retaining wall. The structure replacement requires a variance from the
requirements of the St. Croix River Overlay District and the City's Development Code. The
parcel area is 1.12 acres and it is located in the Agriculture - Core (AG C) District and the St.
Croix River Overlay District.
An employee owned company promoting affirmative action and equal opportunity
444 Cedar Street, Suite 1500
Saint Paul, MN 55101
651.292.4400
tkda.com
Mi
TKDA
Memorandum
To: Scandia City Council Reference: 20919 Quint Avenue Variance
Request
Copies To: Neil Soltis, City
Administrator
Brenda Ecklund, City Clerk
Michael and Pamela Smith,
applicants
Project No.: 16022.019
From: Sherri Buss, RLA AICP, Routing:
Planner
Date: November 8, 2016
SUBJECT: 20919 Quint Avenue Variance Request for an Accessory Structure
MEETING DATE: November 15, 2016
LOCATION: 20919 Quint Avenue
Scandia, Minnesota
APPLICANTS: Michael and Pamela Smith
PO Box 129
Scandia, MN 55073
ZONING: Agriculture — Core (AG C) and St. Croix River Overlay District
120 -DAY PERIOD: December 13, 2016
ITEMS REVIEWED: Application, survey, and supplemental information received October
14, 2016
BRIEF DESCRIPTION OF THE REQUEST:
The applicants are proposing to replace two existing structures and a trash enclosure with a
new garage. They also propose to replace an existing concrete wall and staircase near the new
garage with a stone retaining wall. The structure replacement requires a variance from the
requirements of the St. Croix River Overlay District and the City's Development Code. The
parcel area is 1.12 acres and it is located in the Agriculture - Core (AG C) District and the St.
Croix River Overlay District.
An employee owned company promoting affirmative action and equal opportunity
20919 Quint Variance Staff Report
Scandia City Council Page 2 November 15, 2016
BACKGROUND
The applicants are proposing to replace existing structures with a new garage on their property,
which is located in the St. Croix River District. The existing structures are "substandard
structures" as defined in the Riverway Ordinance: "Substandard structure means any structure
established before the effective date of the St. Croix Riverway Ordinance which is permitted
within a particular zoning district but does not meet the structure setbacks or other dimensional
standards of the Ordinance." The required structure setbacks in the Riverway District are 200
feet from the OHWL and 100 feet from the bluffline. The existing structures are approximately
95' from the OHWL and located on the bluff.
The St. Croix Riverway Ordinance requires that "If a substandard structure needs replacement
due to destruction, deterioration, or obsolescence, such replacement shall comply with the
dimensional standards of the ordinance." The applicants are requesting a variance to permit
replacement of the shed structure in its existing location, where it would not meet the setback
requirements from the Ordinary High Water Line of St. Croix River and bluff line. The City may
grant a variance from these ordnance standards if there is no other location for the garage that
can meet the setback requirements and if the request meets the "practical difficulties" criteria in
the City's Development Code.
The applicants have been working with the National Park Service to obtain NPS approval for the
new structures. They are proposing to place the new structure in a location that will minimize its
impacts and its visibility from the river. The plan for the garage is designed so that it will be no
closer to the river than the existing structures. The construction plans include excavation further
into the hillside to accommodate the 24' deep garage structure, keeping it at the same distance
from the river as the existing structures, and minimizing the need to alter the slopes of the bluff.
The applicants have completed a geotechnical analysis to ensure that the excavation and
proposed structure are feasible.
The proposed construction activities will disturb slopes that are steeper than 25%, and affect
existing trees on those slopes. Those activities require a variance from the City's Development
Code requirements for sloping or erodible building sites that require that "No structure shall be
constructed on sites with slopes of greater than 25% or on easily erodible soils."
EVALUATION OF VARIANCE REQUEST
Comprehensive Plan
The Comprehensive Plan established the Agriculture - Core (AG C) District to protect and
encourage long-term agriculture. Residential development is permitted as a secondary use in
the District. The Comprehensive Plan also supports protection of the natural and scenic
resources of the St. Croix River Corridor through the application of the St. Croix Riverway
District standards.
The ordinance that governs the St. Croix River District permits single-family residential and
related accessory uses (such as garages) in within the overlay district. It regulates the setback
of structures and alteration of slopes to protect the values of the Riverway.
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Scandia City Council Page 3 November 15, 2016
Nearly all of the applicants' parcel is located on the bluff (slopes are up to 50%) above the river.
The parcel is 230' wide at its widest point. There is no location that could accommodate a
garage where the building would meet the required setbacks from the OHWL of the St. Croix
River and the bluff.
The applicants have incorporated several elements in their plans to address the ordinance goals
to protect the St. Croix River:
• Placing the proposed structure no closer to the river than the existing structures.
• Building into the hillside to maintain the distance from the river and minimize grade
changes to the bluff
• Maintaining existing and adding new vegetation to screen the building from view
• Moving the structure slightly to the north to minimize its visibility from the river
• Using dark green and black paint, a gray roof, and no windows to minimize the visibility
of the garage
The applicants have submitted a survey that demonstrates that there is no location on the
parcel where the garage could be placed that would meet the dimensional standards of the
ordinance for setbacks from the bluff and OHWL of the St. Croix River. The applicants have
included several elements in the design and construction of the garage to meet the goals and
intent of the St. Croix River District.
Development Code Requirements: Lot Size and Setbacks
The applicants' parcel is 1.12 acres in size, and is a substandard lot in the St. Croix River
Overlay District—the District requires lots in rural areas to be at least 2.5 acres in size.
The required setbacks for structures in the St. Croix River Overlay District are the following:
• Building setback from the OHWL: 200 feet
• Building setback from the bluff line: 100 feet
The required setbacks in the AG C District include the following:
• Side setback: 20 feet
• Rear setback: 50 feet
The proposed structure setbacks include:
• Building setback from the OHWL: 95 feet
• Building setback from the bluff line: 0 feet
• Building setback from the closest side lot line: 60 feet
• Building setback from the rear lot line: 85 feet
The garage requires a variance from the setback requirement from the OHWL and the bluff line.
Accessory Structures
The proposed garage will be 576 square feet in size. There is one other small shed on the
parcel that is less than 120 square feet in area, which is not counted toward the total number
and area of allowed accessory structures. The Development Code permits up to 1 accessory
structure up to 1,000 square feet in size and a detached garage up to 864 square feet in size on
parcels between 1.0 and 3.0 acres. The proposed structure meets the Development Code
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Scandia City Council Page 4 November 15, 2016
requirement. The Planner has included the standard condition that the garage shall be used for
personal use or agricultural use only. No commercial use or commercially -related storage is
allowed in the garage.
The existing shed, concrete structure and associated concrete retaining walls on both sides of
the existing structure should be completely removed to comply with the National Park Service
recommendations.
Lot Coverage
The St. Croix River Overlay District permits up to 20% lot coverage. The surveyor calculated
that the existing lot coverage by impervious surfaces is approximately 1 % of the parcel. The
parcel coverage will continue to be approximately 1 % after construction of the new structure.
The proposed structure replacement meets the impervious cover requirement of the ordinance.
Building Height and Color
The maximum structure height permitted in the St. Croix River District is 35 feet. The proposed
garage will be 14' 6" in height at the tallest point. The accessory building meets the ordinance
requirement.
The Lower St. Croix Riverway Ordinance requires that the exterior color of new or removed
structures, including roofs, shall be of earth or summer vegetation tones, unless completely
screened from the river. The applicants stated that the colors of the building will be dark green
and black, with a dark gray roof. The structure meets the ordinance standard.
Driveway Access
The existing driveway will access the new garage.
Wastewater Treatment and Well
The accessory structure does not have or require wastewater or water facilities.
Impacts to Slopes, Vegetation, and Engineer Comments
The Development Code prohibits construction on slopes greater than 25%, as follows:
• Section 3.1 (3) (A) requires that "No structure shall be constructed on sites with slopes of
greater than 25% or on easily erodible soils."
• Section 3.6 (5) (B) states that "Slopes over 25% (4:1) shall not be altered."
• Section 3.8 (3) (A) states that "There shall be no removal of trees located on slopes
greater than 25%. Trees and woodlands within the Shoreland Overlay District and the
St. Croix River District are subject to the requirements as stated in the overlay district
regulations in addition to the regulations of this Chapter.
The applicants are proposing to alter slopes that are greater than 25% and remove trees on
those slopes, and therefore require a variance. Construction of the garage in a location that is
the same distance or farther from the OHWL of the St. Croix River would be on similar slopes.
A flatter location for the garage is available closer to the River, but this would increase the
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20919 Quint Variance Staff Report
Scandia City Council Page 5 November 15, 2016
nonconformity of the structure which is not permitted by the Development Code, would violate
the NPS scenic easement, and would result in a structure that is more visible from the
Riverway.
Staff suggest that the variance may be granted in this case in order to locate the structure to
comply with the nonconformities requirement of the ordinance, the provisions of the scenic
easement, and the goals of the Riverway Ordinance to protect the scenic values of the
Riverway. Staff suggest the following conditions to address the intent and requirements of the
Riverway Ordinance and Development Code:
• The applicants shall address the Engineer's requirements for a Grading/Land Alteration
Permit, drainage, retaining walls, and erosion control.
• The applicants shall complete and obtain approval for a Woodland Preservation Plan for
approval by the City that includes the grading plan, identifies all areas of disturbance,
identifies the location of significant woodlands and trees that will be removed or
disturbed by construction of the garage, and includes tree replacement that meets the
requirements of Section 3.11 (3) of the Development Code before a building permit will
be issued for the project.
The City Engineer provided the following comments on the variance application:
• With the information provided it is anticipated that the project will disturb fifty (50) cubic
yards or more and/or disturb 1,000 square feet or more along with minor tree clearing.
This will require a Grading/Land Alteration Permit Application.
• Drainage—the proposed work shall not create any direct drainage runoff to neighboring
properties. Highly recommended to complete grading work of the swale behind the
garage into the hillside to prevent any potential drainage directed to the garage and
provide space for snow melt.
• Proposed wall/retaining wall—If the proposed retaining wall is over 4 feet in height,
owner must submit plans signed by a professional engineer for the design of the
proposed retaining wall and obtain a building permit for the wall. Information submitted
does not identify proposed height of wall.
• Soil piles form the excavation for the proposed work shall be handled with care. Material
should be hauled off-site immediately or stored in a manner that has perimeter
protection. All erosion control devices must be installed before any construction work
begins.
• Upon completion of the garage, site restoration shall be completed as soon as possible.
• All site work shall be in compliance with the Watershed District.
The Planner included several proposed conditions for the variance based on the Engineer's
comments, and proposed the following conditions related to slope alteration and erosion control
based on the requirements of the Development Code
• The existing drainage patterns on the site shall be maintained or restored to the degree
feasible.
• To the greatest extent possible, vegetation over six (6) inches in diameter shall not be
removed.
• Slopes greater than 25 percent shall be preserved to the greatest extent possible, and
erosion and sediment control shall be included in the project plans and implemented
durina construction.
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Scandia City Council Page 6 November 15, 2016
Watershed District Comments
The Planner sent the application to the Carnelian -Marine -St. Croix Watershed District
(CMSCWD) for comments. The District's comments included the following:
• If approved by the City, the variance for setback from the St. Croix River would trigger a
CMSCWD Permit and compliance with Rules #2 (Stormwater Management), #3 (Erosion
and Sediment Control), and #4 (Buffers).
• The proposed 24x24 -foot garage results in a net increase in impervious surface of
approximately 440 square feet. Per the District's Small Residential Project Stormwater
Worksheet, this project would require a stormwater BMP sized with a treatment volume
of approximately 65 cubic feet. With the SP -SM soils on-site, stormwater management
would best be in the form of a small infiltration trench or French drain, maybe paired with
rain barrel if the garage is guttered.
• Additional detail is required for proposed excavation into the hillside, retaining wall, and
finished grades. A grading plan with proposed erosion and sediment control will be
necessary to assess compliance with Rule 3.
• Rule 4 Exemptions 4.9.4 and 4.9.5 are likely applicable in determining the St. Croix
River buffer width.
The Planner included a condition that the applicants shall obtain the required Watershed District
permit(ss) for the project.
Landscape Plan
The applicants must provide a plan for vegetation replacement, as noted in the conditions
proposed for approval.
DNR Comments
The Planner sent the application to the DNR for review and comments. The Jenifer Sorenson's
comments included the following:
• 1 participated in pre -application discussions and site visits and I commented at that time
on how the proposed design could be altered to better meet the intent of the Lower St.
Croix Riverway ordinance. In addition, requirements of the National Park Service
easement introduced design constraints. The applicants have worked to modify the
design to accommodate recommendations made by the MNDNR, which is reflected in
this variance application and appreciated by the MNDNR. MNDNR understands the
limitations of the site (much of the lot is bluff). Overall, this proposal minimizes impacts to
views from the river and the applicant has taken into consideration bluff slope and
existing vegetation when determining where to place the structure.
• On Page 2 of the memo to the Planning Commission, in addition to the City's
Development Code requirements for sloping building sites, the Lower St. Croix Riverway
standard is: No structures shall be placed or grading done on any slopes greater than 12
percent (12 feet vertical rise in 100 feet horizontal distance) (Washington County Ord
No. 14, 402.02). Please include this stricter standard which applies in the Riverway in
the memo and include a variance for construction or grading on slopes greater than 12
percent, in addition to variances to the OHW and bluff line setbacks. (Note: The
Riverway Ordinance later contradicts the prohibition against altering slopes greater than
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20919 Quint Variance Staff Report
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12%, and allows alteration of 12% slopes if needed, so the City used its 25% standard
prohibiting slope alteration for the variance.)
• Please follow the City Engineer's recommendations made in comments on this variance
application. It is key that structures on the bluff be built so that they are structurally
sound and avoid drainage issues.
• Please include a condition requiring that a vegetation management and replacement
plan (short narrative and plant/seed list) be prepared and followed. DNR recommends
use of vegetation native to the St. Croix River valley.
• Please include a condition requiring that a soil and erosion control plan be prepared and
followed.
• Please include a condition requiring that colors matching the existing home be used for
the garage. The home is painted a very dark green, which meets the color requirements
of the Riverway Ordinance and blends in very well with surrounding vegetation.
Staff included the requested conditions for approval of the variance.
National Park Service (NPS) Comments
The National Park Service provided the following comments on the variance request in a letter
dated October 14, 2016:
• The NPS reviewed the plans for the garage, and believes that the project is permissible
under the terms of the National Park Service (NPS) scenic easement presently in effect
on the property.
• The new garage will be located in substantially the same footprint as the current shed
and concrete storage structure. The old shed and concrete storage structure and
associated concrete retaining walls on both sides of the current structure will be
completely torn down and removed.
• NPS appreciates the applicants' willingness to replant trees and other native vegetation
to replace the trees that must be removed for the project. The maintenance and
replanting of the vegetative screening coupled with the design of the new structure and
dark green exterior will help ensure that the project will not have a negative visual impact
on the St. Croix River.
• NPS approval of the project is contingent upon the applicants' compliance with
applicable land use controls, including City and DNR requirements.
CRITERIA FOR VARIANCES AND FINDINGS
Chapter 1, Section 6.0 of the Development Code and the Lower St. Croix River Bluff land and
Shoreland Management Ordinance include the criteria and required process for considering
variance requests.
Variances may only be granted when the terms of the variance are consistent with the
Comprehensive Plan and in harmony with the general purpose and intent of the development
code. The other variance criteria in the Development Code include:
1. The applicant proposes to use the property in a reasonable manner not permitted by the
Development Code.
2. The plight of the landowner is due to circumstances unique to the property not created
by the landowner.
3. The variance, if granted, will not alter the essential character of the locality.
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20919 Quint Variance Staff Report
Scandia City Council Page 8 November 15, 2016
4. Economic conditions alone shall not constitute practical difficulties.
5. 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.
6. The required variance is the minimum action required to eliminate the practical difficulty.
7. Practical difficulties include, but are not limited to, inadequate access to direct sunlight
for solar energy systems.
Applicant's Rationale for the Variance
The application includes a practical difficulties statement for the variance request that included
the following:
• The proposed location is the only viable location for the garage
• The applicants will minimize the visibility from the river using dark paint and roof colors.
• The new structure will be built into the hillside to maintain the same distance from the
river as the existing structure
Variance Request and Findings
The following bullets include the Planner's findings related to the Smiths' request for a variance,
based on the statutory criteria and Riverway Management Ordinance for granting a variance.
Each of the criteria is shown in italics:
• Variances shall only be permitted when they are in harmony with the general purposes
and intent of the official control.
The Comprehensive Plan supports protection of the St. Croix River and application of
City's Development Code and Riverway Ordinance standards for development of
structures within the Riverway District to support the Riverway protection goals. The
Lower St. Croix River Ordinance requires that replacement of substandard structures
occur in a location that meets setback requirements in order to protect the Riverway and
bring properties into compliance with the dimensional standards of the ordinance when
they are replaced.
The applicants have submitted a survey that demonstrates that there is no location on
the parcel where the garage could be placed that would meet the setback requirements
from the bluffline and the OHWL of the river.
The applicants have included several elements in the design and construction of the
structure to meet the goals and intent of the St. Croix River District:
• Placing the proposed structure no closer to the River than the existing structures.
• Building into the hillside to maintain the distance from the river and minimize
grade changes to the bluff
• Maintaining existing and adding new vegetation to screen the building from view
• Moving the structure slightly to the north to minimize its visibility from the river
• Using dark green and black paint, a gray roof, and no windows to minimize the
visibility of the garage.
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Scandia City Council Page 9 November 15, 2016
The proposed variance is in harmony with the general purposes and intent of the official
controls based on the finding that there is no location on the parcel where the garage
could be located to meet the dimensional standards of the Riverway ordinance, a
location closer to the River would violate the Development Code and Scenic Easement,
and the design elements that the applicants have incorporated and conditions require
meet the goals and intent Riverway District and protect the resources and scenic views
from the River.
• The property owner proposes to use the property in a reasonable manner under the
conditions allowed by official control(s).
Single-family residences and accessory structures are permitted in the St. Croix
Riverway District and Agriculture Core District and are a reasonable use. The Riverway
Ordinance permits single-family residential and related accessory uses (such as
garages) in within the overlay district. The City has previously permitted variances for
garage structures when they meet the variance criteria because garages are essential in
Minnesota's climate.
• The practical difficulties are not caused by the landowner, and are unique to the
property.
The practical difficulties are unique to the property, and include the location of bluffs
throughout the parcel and the dimensions of the parcel which do not allow the garage to
be located in a place that would meet the dimensional requirements of the St. Croix
Riverway Ordinance.
• The variance would not alter the essential character of the area.
The variance would not alter the character of the area. Adjacent parcels include
structures that do not meet the current Riverway setbacks, and the design elements that
the applicants have proposed and required conditions for the variance will minimize the
visibility of the structure from adjacent parcels and from the river.
• Economic conditions alone shall not constitute practical difficulties.
The practical difficulties are not related to economic conditions alone, but are caused by
the location of bluffs throughout the parcel and the dimensions of the existing parcel.
• 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 replacement of the existing structures with the garage will not impair the supply of
light or air to adjacent properties or increase congestion, endanger the public, or
substantially diminish or impair property values in the neighborhood.
• The requested variance is the minimum action required to eliminate the practical
difficulty.
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20919 Quint Variance Staff Report
Scandia City Council Page 10 November 15, 2016
The requested variance is the minimum action required to meet the Riverway Ordinance
and Development Code requirements. The location of the structure at the same
distance from the river as the existing structure, requirements to protect the bluffs, and
requirements for tree replacement will minimize the variance required and minimize
impacts to the bluffs and the visibility of the structure from the river.
• Practical difficulties include, but are not limited to, inadequate access to direct sunlight
for solar energy systems.
The variance is not related to a need for direct sunlight for solar energy systems.
PLANNING COMMISSION PUBLIC HEARING AND RECOMMENDATIONS
The Planning Commission held a public hearing on the variance request at its November 1
meeting. The applicant spoke at the hearing, and the Commission received no other written or
verbal comments. The Commissioners discussed the following issues for this application:
• The need for engineered plans for the retaining walls
• The NPS requirement for removal of the shed and retaining walls before issuing a
building permit. Commissioners were concerned that removal in advance could lead to
erosion on the unprotected slopes.
• The Commission members recommended that the ice storage structure remain in place
because it is a historic structure.
Staff discussed the Commission's recommendations regarding the retaining walls and ice house
with the National Park Service staff. The NPS recommendations and conclusions of the
discussion were the following:
• The NPS concluded that the existing retaining walls and ice house structure may remain
until construction is completed. (Proposed conditions revised to reflect this.)
• The northern retaining wall needs to be removed in order to build the new structure.
• The applicant may explore options with the NPS to preserve the ice storage structure
and integrate it with a new retaining wall south of the garage structure. The original
plans that were submitted to the NPS and the City and approved by NPS showed
removal of the existing retaining wall and ice storage structure, and replacement with a
new retaining wall south of the garage structure. If the applicants' want to pursue
retaining the ice storage structure, they need to revise the plans to show how the ice
storage structure could be preserved and successfully integrated with the new retaining
walls, and the impacts to slopes, erosion and sediment control, vegetation, and views
from the river.
• The revised plans should include an erosion and sediment control plan, and a landscape
plan that shows how the existing vegetation that screens the structures from the river will
be maintained to the degree feasible, and new native plantings that will be completed to
screen the garage and wall structures in areas where existing vegetation must be
disturbed or removed for construction.
Laura Hojem of NPS emphasized that the ice storage structure does not have an official historic
status. She will continue her discussions with the NPS's historic preservation specialist
regarding the structure. NPS required the removal of the ice storage structure and existing
retaining walls to reduce the impacts of the increased height permitted for the new structure.
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20919 Quint Variance Staff Report
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NPS and the City will need to review any revised plans to keep the ice storage structure and
potential impacts of the revised plans in order to permit this change from the approved plans.
ACTION REQUESTED:
The City Council can recommend the following:
1. Approval
2. Approval with conditions
3. Denial with findings
4. Table the request
PLANNING COMMISSION RECOMMENDATIONS:
The Planning Commission recommends that the City Council approve of a variance to permit
the replacement of existing structures with a new garage located approximately 95' from the
OHWL of the St. Croix Riverway and 0' from the bluff line on the parcel at 20919 Quint Avenue.
The Commission recommends the following conditions for the variance:
1. The new garage structure shall be located and constructed as shown on the survey and
plans submitted to the City on October 14, 2016.
2. The garage shall be used for personal use or agricultural use only. No commercial use
or commercially -related storage is allowed in the garage.
3. The applicants shall completely remove the existing shed, concrete structure, and
associated concrete retaining walls on both sides of the existing structure, unless the
National Park Service approves new plans that permit preservation of the ice storage
structure.
4. The applicants may work with the National Park Service if they wish to preserve the ice
house structure to revise the plans for the garage and retaining walls. The applicants
shall complete new plans that identify how the ice house structure will be integrated with
the new retaining walls south of the garage, area of disturbance, potential impacts to
slopes and vegetation, erosion and sediment control practices, and vegetation
preservation and replacement to minimize disturbance and screen the structures from
the river.
5. The applicants shall obtain a Grading/Land Alteration Permit from the City if the project
will disturb fifty (50) cubic yards or more or disturb 1,000 square feet or more. The
permit application shall provide detail for the proposed excavation into the hillside,
retaining walls, and finished grades, and include an erosion and sediment control plan
that minimizes impacts to slopes and includes best management practices to control
erosion and sedimentation.
6. Slopes over twenty-five (25) percent and the existing patterns on the site shall be
maintained or restored to the degree feasible after construction is completed. The
proposed work shall not create any direct drainage runoff to neighboring properties. The
applicants shall complete the proposed grading work for the swale behind the garage
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20919 Quint Variance Staff Report
Scandia City Council Page 12 November 15, 2016
into the hillside to prevent any potential drainage direct to the garage and to provide
space for snow melt.
7. The applicants shall submit plans signed by a professional engineer for proposed
retaining wall(s) over four (4) feet in height.
8. Soil piles form the excavation for the proposed work shall be handled with care. Material
should be hauled off immediately or stored in a manner that has perimeter protection.
All erosion control devices shall be installed before any construction work begins.
9. Site work shall comply with the regulations of the Carnelian -Marine St. Croix Watershed
District, and the applicants shall obtain any required District permits.
10. The applicants shall protect vegetation over six (6) inches in diameter to the extent
possible.
11. The applicants shall complete and obtain approval for a Woodland Preservation Plan for
approval by the City that includes the grading plan, identifies all areas of disturbance,
identifies the location of significant woodlands and trees that will be removed or
disturbed by construction of the garage, and includes tree and vegetation replacement
that uses native species and that meets the requirements of Section 3.11 (3) of the
Development Code before a building permit will be issued for the project.
12. Upon completion of the garage, site restoration shall be completed as soon as possible.
13. The applicants shall use the paint colors for the garage that closely match the colors of
the existing home (very dark green) to meet the requirements of the St. Croix Riverway
Ordinance and blend with the surrounding vegetation.
14. The applicants shall pay all fees and escrows associated with the variance application.
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National Park Service
U.S. Department of the Interior
St. Croix National Scenic Riverway
401 N. Hamilton St., Saint Croix Falls, WI 54024
October 14, 2016
I.A. L (SACN)
Mike and Pam Smith
P.O. Box 4449
Ketchum, Idaho 83340
Re: Tract LOSA 07-103
Dear Mr. and Ms. Smith:
2 16
Servic�_
IVationalWarlt
CENTENNIAL
Thank you for meeting with Lands Technician Jody Davis and me at your property located at
20919 Quint Avenue North, Scandia, Minnesota. Your plans for tearing down and rebuilding the
existing storage structure into a 24 ft. x 24 ft. single story garage were reviewed. Based upon this
site visit and a review of the plans you have provided to us, we believe this project is permissible
under the terms of the National Park Service (NPS) scenic easement presently in effect on your
property.
The rebuilt garage will be located in substantially the same footprint of the current shed and
concrete storage structure. The old shed and concrete storage structure and associated concrete
retaining walls on both sides of the current structure will be completely torn down and removed.
NPS appreciates your willingness to replant trees and other native vegetation to replace those
that must be removed as a part of this project. The maintenance and replanting of the vegetative
screening coupled with the design of the new structure and the dark green exterior will help
ensure that the project will not have a negative visual impact on the St. Croix River now or in the
future.
Please note that our approval is contingent upon your compliance with other applicable land use
controls as required by the easement. Our approval of the project will in no way evaluate the
merits of the project in relation to local, county or state zoning, and thus will not preclude or
supersede any actions by those units of government. Therefore, you will need to comply with all
land use controls or requirements of the City of Scandia, and the Minnesota Department of
Natural Resources, to whom copies of this letter are being sent.
Thank you for your continued stewardship of this national treasure. If you have any questions,
please contact me at 715-483-2261 or via email at lattra hojem@nps.gov. Your cooperation in
the compliance with the terms of the scenic easement on your property is appreciated.
ce ly,
Laura Hojem
Lands Program Manager
cc:
Neil Soltis
Administrator, City of Scandia
14727 2Wh Street North
Scandia, Minnesota 55073
Sherri Buss
Senior Planner, TKDA, City of Scandia
444 Cedar Street, Suite 1500
St. Paul, Minnesota 55101
Jenifer Sorensen
Minnesota Department of Natural Resources
Metro Region, Waters
1200 Warner Road
St. Paul, Minnesota 55106
boc—
LE
COMMENTS SUBMITTED VIA EMAIL 11/1/2016
I participated in pre -application discussions and site visits and I commented at that time on how the
proposed design could be altered to better meet the intent of the Lower St. Croix Riverway ordinance. In
addition, requirements of the National Park Service easement introduced design constraints. The
applicants have worked to modify the design to accommodate recommendations made by the MNDNR,
which is reflected in this variance application and appreciated by the MNDNR. MNDNR understands the
limitations of the site (much of the lot is bluff). Overall, this proposal minimizes impacts to views from
the river and the applicant has taken into consideration bluff slope and existing vegetation when
determining where to place the structure.
DNR submits the following comments:
• On Page 2 of the memo to the Planning Commission, in addition to the City's Development Code
requirements for sloping building sites, the Lower St. Croix Riverway standard is: No structures
shall be placed or grading done on any slopes greater than 12 percent (12 feet vertical rise in
100 feet horizontal distance) (Washington County Ord No. 14, 402.02). Please include this
stricter standard which applies in the Riverway in the memo and include a variance for
construction or grading on slopes greater than 12 percent, in addition to variances to the OHW
and bluff line setbacks.
• Please follow the City Engineer's recommendations made in comments on this variance
application. It is key that structures on the bluff be built so that they are structurally sound and
avoid drainage issues.
• Please include a condition requiring that a vegetation management and replacement plan (short
narrative and plant/seed list) be prepared and followed. DNR recommends use of vegetation
native to the St. Croix River valley.
• Please include a condition requiring that a soil and erosion control plan be prepared and
followed.
• Please include a condition requiring that colors matching the existing home be used for the
garage. The home is painted a very dark green, which meets the color requirements of the
riverway ordinance and blends in very well with surrounding vegetation.
Thank you for the opportunity to comment and feel free to contact me if you'd like to discuss these
comments further.
Jenifer Sorensen, PE, PhD — East Metro Area Hydrologist (Ramsey and Washington Counties)
MN DNR, Division of Ecological and Water Resources 11200 Warner Rd I St Paul, MN 55106
(651) 259-5754 1 ienifer.sorensen(@state.mn.us
COMMENTS FROM CARNELIAN MARINE ST. CROIX WATERSHED DISTRICT
From: Carl Almer
Sent: Wednesday, October 19, 2016 11:07 AM
To: 'ishaver@croscwd.org'
Subject: RE: variance application in Scandia (Smith Garage)
Jim,
If approved by the City, the variance for setback from the St. Croix River would trigger a CMSCWD
Permit and compliance with Rules 2 (Stormwater Management), 3 (Erosion and Sediment Control) and 4
(Buffers).
The proposed 24x24 ft garage result in a net increase in impervious surface of approximately 440
SF. Per the District's Small Residential Project Stormwater Worksheet, this project would require a
stormwater BMP sized with a treatment volume of approximately 65 CF. With the SP -SM soils onsite,
stormwater management would best be in the form of a small infiltration trench or french drain, maybe
paired with a rain barrel if the garage is guttered.
Additional detail is required for proposed excavation into the hillside, retaining wall and finished
grades. A grading plan with proposed erosion and sediment control will be necessary to assess
compliance with Rule 3.
Rule 4 Exceptions 4.9.4 & 4.9.5 are likely applicable in determining the St. Croix River buffer width:
• 4.9.4 For properties where the existing primary structure location does not conform to the
setback under the applicable shoreland ordinance and the structure location is not required to
be brought into conformance with the applicable setback, the buffer width shall be 50% of the
existing distance between the structure and the OHWL, delineated wetland edge, or top of bank
as applicable to the resource.
• 4.9.5 A 30 -ft clear zone from primary structures may be maintained within the Outer zone of a
stream buffer.
Carl K. Almer
EOR: water I ecology I community
d: 651.203.6024 o: 651.770.8448