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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. i 20919 Quint Variance Staff Report 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 I 20919 Quint Variance Staff Report 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 I 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. I 20919 Quint Variance Staff Report 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 °i 20919 Quint Variance Staff Report Scandia City Council Page 7 November 15, 2016 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. 7 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. I 20919 Quint Variance Staff Report 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. I 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. I 20919 Quint Variance Staff Report Scandia City Council Page 11 November 15, 2016 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 I 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. 01 ! t T.2T 1105 A Y NT J �7 1 --- -- J w �_0�7pnI{. YITr en 2 tl--k �n -- t-ouf�d on3ment'Is�' f } + 3,25 feet S&th I z r f± r ! of.set mVnurhent. �' i 1 f`• 10 o 1 ti I 5 D � , (24 f f k 2' of f N i 1 L 11'Qi. 'r t'4z y yiY tI. +, 1 4 } Phi p C, p UR I�1"4 ' a rakr t� y sn rij 14°I se trcli �r31t aer irr ow i s 6r y1 2 A ti cc 'ivi m !o` 48,830 S(�UARE FEET) n, Lu 'be .1 �:rk L i��1 LX7 4 II Ih Lo Yt� � Irl � ' - '.r i. _ r����� _,�,d.,l � - �I •rv�� � i � iSterly e%fe io , south II on I%Gr1�r YcZ'n�' it �„ Bla•c9t `�if,C} ISV'ILL� opr;'t• up h a�1111+ r r ra -AtI. yr ` PC}E3 71i 17 i Y 8905.9'27 1 t v \ . 757 0 ilameter y EAS AENTII I ti l yL 1 0 t l 1 1 '4 - [7 �s .. .{6'a*7�Ed`. ., -. 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