7.b2 4 Resolution 11-15-16 Smith variance 20919 QuintCITY OF SCANDIA, MINNESOTA
RESOLUTION NO. 11-15-16-01
APPROVING A VARIANCE FOR 20919 QUINT AVENUE NORTH
WHEREAS, Michael N. and Pamela P. Smith have made an application for a Variance
from the setback requirements from the Ordinary High Water Level of the St. Croix River, the
required setback from the bluff line, and the ordinance requirement that slopes greater than 25%
shall not be altered to construct a garage in the location where two existing accessory structures
shall be removed; and
WHEREAS, the property is legally described as follows:
PT GOV LOT 5 & PT OF RESERVE #2 & VAC LINDEN ST & BLK 7 DESC AS FOLLOWS
COMM AT THE SE COR OF LOT 5 BLK 7 OF THE RECORDED PLAT OTISVILLE THN
N89DEG59'27"E ASSUMED BEARING ALONG THE ELY EXTENSION OF THE S LINE
OF LOT 5 BLK 7 A DIST OF 110.95 FT TO THE PT OF BEG THN NI 1DEG57'45"W A
DIST OF 249.21 FT THN CONT NI IDEG57'45"W A DIST OF 37.27 FT TO A PT
HEREAFTER KNOWN AS PT 'A' THN S 11DEG57'45" E RETRACING THE LAST
COURSE A DIST OF 37.27 FT THN N89DEG59'27"E A DIST OF 130.34 FT TO A PT
HEREAFTER KNOWN AS 'B' THN CONT N89DEG59' 27"E A DIST OF 90 FT M/L TO
THE SHORELINE OF THE ST CROIX RIVER THN SLY ALONG SD SHORELINE A DIST
OF 244 FT M/L TO THE PT OF INTERS WITH A LINE DRAWN N89DEG59' 27"E FROM
PT OF BEG THN S89DEG59' 27"W ALONG SD LINE A DIST OF 172 FT M/L TO THE PT
OF BEG SUB TO EASE SECTION 19 TOWNSHIP 032 RANGE 019; AND
WHEREAS, the Planning Commission reviewed the request for the Variance at a duly
noticed Public Hearing on November 1, 2016, and recommended approval of the Variance with
conditions; and
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should
and hereby does recommend approval of a Variance to permit construction of a garage a
minimum of 95 feet from the Ordinary High Water Level of the St. Croix River and 0 feet from
the bluff line on the parcel located at 20919 Quint Avenue North, based on the following
findings:
1. The request is in harmony with the general purposes and intent of the official controls.
The Comprehensive Plan and St. Croix Riverway Overlay District ordinance support
protection of the Riverway. 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
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the dimensional standards of the ordinance, and a location closer to the river would
violate the requirements for nonconforming structures and the scenic easement on the
parcel. The applicants have included several elements in the design and construction of
the structure to meet the goals and intent of the St. Croix Riverway District ordinance,
including placing the proposed structure no closer to the river than the existing structures,
building the garage into the hillside to maintain the distance from the river and minimize
grade changes to the bluff, maintaining existing adding new vegetation to screen the
building from view, moving the structure slightly to the north to minimize its visibility
from the river, and using paint and roof colors to minimize the visibility of the garage.
The variance approval includes conditions to manage erosion control, drainage, and
vegetation replacement that meet the intent of the official controls.
2. The proposed use is reasonable under the conditions allowed by the Development Code.
Single-family residences and garages are reasonable uses in the Agriculture Core and St.
Croix Riverway District. Garages are essential in Minnesota's climate.
3. The practical difficulties are unique to the property and were not created by the applicant.
The practical difficulties are created by the location of bluffs throughout the property and
the dimensions of the parcel.
4. Granting the variance would not alter the essential 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 will minimize the visibility of the structure
from adjacent parcels and the river.
5. The practical difficulties are not only economic in nature. The practical difficulties are
related to the location of bluffs throughout the parcel and the dimensions of the parcel.
6. Granting the variance will not impair the supply of light or air to adjacent properties. It
will not increase congestion, endanger the public, or substantially diminish or impair
property values in the neighborhood.
7. Granting the requested variance is the minimum action required to eliminate the practical
difficulty and address the variance requirements of the Riverway Ordinance. The
location of the garage in the same location as the existing structures and expansion away
from the river will minimize the variance required and minimize impacts to the bluffs and
the visibility of the structure from the river.
8. The variance is not related to a need for direct sunlight for solar energy systems.
FURTHER BE IT RESOLVED, that the following conditions of approval shall be met:
The new garage structure shall be located and constructed as shown on the survey and
plans submitted to the City on October 14, 2016.
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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 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
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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.
Adopted by the Scandia City Council this 15th day of November, 2016.
Randall Simonson, Mayor
ATTEST:
Neil Soltis, Administrator/Clerk