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08.b1 Bruggeman Variance (Driveway) - CC Packet 1 | P a g e Date of Meeting: December 17, 2024 To: Honorable Mayor and Members of the City Council From: T.J. Hofer, Consultant City Planner Re: Variances for an Impervious Surface in the Ordinary High Water Level Setback for 19489 Manning Trail North Applicant: Paul Bruggeman Zoning: RR-G, SM-O Owner: Denise Bruggeman Future Land Use: General Rural Location: PID 29.032.20.32.0019 Review Deadline January 3, 2025 The applicant is requesting approval for an after the fact variance to for an impervious surface (driveway) within the setback from the ordinary high-water level (OHWL) and from a wetland. Since submitting the application, the applicant has constructed the path without approval. The staff report to the Planning Commission from the December 3, 2024, meeting is attached and includes the background of the project as well as an analysis based on the standards in the Unified Development Code. ANALYSIS Review Comments The submittal was sent to city staff and other regulatory agencies for review and comment. Comments were received from the Carnelian-Marine-St. Croix Watershed District and Fire Chief. The comments are summarized in the attached report. Planning Commission The Planning Commission originally heard the application at the October 1, 2024, meeting. The Commission held a public hearing where no comments were received. The Commission then closed the public hearing. The applicant requested that the application be tabled as they had 2 | P a g e concerns with conditions that were included in the draft resolution. The Commission discussed the need for the variance and the conditions within the draft resolution. Direction was given to revise the date when plantings would need to be completed. The Commission tabled the issue. The Planning Commission heard the application again at the December 3, 2024, meeting. Staff presented alternative conditions for consideration noting that the concerns came from the applicant and that the conditions should be discussed between the applicant and the Planning Commission. The Planning Commission took comment from a representative at the meeting, with the representative noting the largest concern was the requirement for a tree survey. The Planning Commission discussed the need for the driveway, past approvals, and the proposed conditions. The Planning Commission asked for clarification as to why the conditions were included. Staff explained how standards within the Shoreland Ordinance have changed since the original application and with a new application, the applicant was now subject to these conditions and nonconformities could be addressed. Discussion continued regarding the purpose and need for a tree survey, screening requirements, and the view corridor standards in 8.23 of the Shoreland Ordinance. The Planning Commission moved to recommend approval of the request with three amendments. The motion was approved with a vote of 5-0. The amendments included striking the below text that is struckthrough and adding the text that is red and underlined: 4. A full lot tree survey documenting all existing trees size, location, and species certified by a forester, ecologist, landscape architect or other qualified professional retained by the applicant shall be provided to the City and Carnelian-Marine-St. Croix Watershed District by April 1st, 2025. 5. The applicant shall restore additional Minnesota native trees and tall shrubs (used in combination) to screen the entire boulder walls and shed. 6. The applicant shall submit an exhibit documenting the view corridor on the property. The view corridor shall be a single contiguous corridor of 50 feet. The applicant shall restore areas outside of the view corridor where intensive vegetation clearing was performed in the bluff impact zone. shall restore vegetation within the bluff impact zone to bring the site into compliance with 8.23 of the Shoreland Ordinance. Staff Analysis Staff finds that the proposed plan is generally consistent with the Comprehensive Plan and Zoning Ordinance. Where the proposal is not consistent, staff has included conditions to bring the proposal into compliance. Staff have reviewed the conditions recommended by CMSCWD and found that the conditions suggested are not consistent with the standards adopted by the City. Staff have included a condition that the area in the bluff impact zone be restored to be consistent with the standards of 3 | P a g e 8.23 of the Shoreland Ordinance. 8.23 sets the standards for vegetative management on a site and sets limits for a view corridor on a site: 8.23 Limited clearing and trimming of trees and shrubs in the shore and bluff impact zones and on steep slopes, is allowed to provide a view to the water from the principal dwelling and to accommodate the placement of stairways and landings, picnic areas, access paths, livestock watering areas, beach and watercraft access areas, and permitted water-oriented accessory structures or facilities, provided that: A. Vegetation shall be restored or maintained to screen all structures, vehicles, or other facilities by at least 50% as viewed from the water, assuming summer, leaf- on conditions. B. The maximum view corridor shall be a single contiguous corridor less than 50 feet or one-third of the parcel width, whichever is less; C. Existing shading of water surfaces along rivers is preserved; D. Cutting debris or slash shall be scattered and not mounded on the ground; and E. Perennial ground cover is retained. F. Picnic areas, access paths, livestock watering areas, beaches and watercraft access areas are prohibited in bluff impact zones. The City did not require a tree survey with the original variance approval, but would require one under current Shoreland Ordinance 3.42. No reasonable lesser standard would apply here. The Planning Commission recommended removing the condition. A documented history of intensive vegetation clearing exists for the site, including into the bluff setback zone. Intensive vegetation clearing is defined as, “The complete removal of trees or shrubs in a contiguous patch, strip, row, or block.” Intensive vegetation clearing in the shore and bluff impact zones and on steep slopes is prohibited by Shoreland Ordinance 8.22. The standard in 8.22 was adopted prior to the approval of the variance that allowed construction on the lot and therefore activities on the lot are subject to the standard. Based on the ordinance in effect at the time, all intensive vegetation clearing should be restored. 8.23 allows for limited clearing within the shore impact zone and bluff impact zone to establish a view corridor. The view corridor should be documented with the City and the areas that were disturbed outside of the view corridor should be restored. A requirement of the view corridor is that all structures, vehicles, or other facilities be screened by at least 50% as viewed from the water, assuming summer, leaf -on conditions. The shed and boulder wall are both considered structures. Establishing a view corridor on the site as required in the amended condition requires compliance with the standards in 8.23. Areas outside of the view corridor will be required to be revegetated and screened. 4 | P a g e COUNCIL ACTION The City Council can do one of the following: 1. Approve, with or without conditions, of the attached resolution. 2. Deny, with findings, of the attached resolution. 3. Table the request for further review/study. The Planning Commission recommend approval of the request for an after the fact variance to for an impervious surface (driveway) within the setback from the ordinary high -water level (OHWL) and from a wetland as 19489 Manning Trail North. Approval includes a resolution. The following findings are recommended: 1. The proposed use for an impervious surface (impervious path) is a reasonable use. The City approved the location of the accessory dwelling unit (ADU) in 2021 and providing access to the legally nonconforming structure is reasonable for the personal use of the property as well as emergency services. 2. The location and need for the path are unique to the property. The proposed impervious path is needed to do circumstances created by the landowner, however, the path is necessary to access a legally nonconforming structure. 3. If the variance were granted, it would not alter the essential character of the locality. 4. Economic conditions are not solely a factor in the variance. 5. The variance is not related to inadequate access to direct sunlight for solar energy systems. 6. The proposed variance will not impair adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. 7. Construction of the impervious path is the minimum action required to eliminate the practical difficulty of accessing the ADU. 5 | P a g e The following conditions are recommended: 1. The impervious surface shall be in substantial compliance with the site plan reviewed with this application and dated, subject to conditions. 2. The impervious surface shall not be expanded in either length or width without approval of the City Council through an application for an amendment to this Resolution. 3. The impervious path shall not be wider than 10 feet. 4. The applicant shall submit an exhibit documenting the view corridor on the property. The view corridor shall be a single contiguous corridor of 50 feet. The applicant shall restore areas outside of the view corridor where intensive vegetation clearing was performed in the bluff impact zone. 5. Restoration of perennial vegetation and trees shall be completed by June 1st, 2025. 6. The applicant shall acquire any required permits from the Carnelian-Marine-St. Croix Watershed District and comply with their requirements. 7. The applicant shall secure any other applicable Federal, State, County, and local permits required for the project. 8. The applicant shall pay all fees and escrows associated with this application. Additional conditions were recommended by the Carnelian-Marine-St. Croix Watershed District. The Planning Commission did not recommend these conditions be included. RECOMMENDATIONS The Planning Commission recommends: Motion to approve of the attached resolution to approve an after-the-fact variance to allow for construction of an impervious path, with findings and conditions as described by staff within the staff report. Attachments A. Resolution 12-17-24-05 Approving a Variance for an Impervious Surface B. Planning Commission “Variances for an Impervious Surface in the Ordinary High Water Level Setback for 19489 Manning Trail North” Packet, dated December 3, 2024 CITY OF SCANDIA RESOLUTION NO. 12-17-24-05 APPROVING A VARIANCE FOR AN IMPERVIOUS SURFACE WITHIN THE SETBACK OF THE ORDINARY HIGH WATER LEVEL AND WETLAND FOR PARCEL 29.032.20.32.0019 LOCATED AT 19489 MANNING TRAIL NORTH WHEREAS, Paul Bruggeman (the “applicant”), has requested and made an application for a 24.8- foot variance from the 100-foot ordinary high water level setback for an impervious surface and a 3.88-foot variance from the 75-foot wetland setback on a property located at 19489 Manning Trail North and the property is legally described as: See Attachment A; and WHEREAS, the Planning Commission reviewed the variance request at a duly noticed Public Hearing on October 1, 2024, and recommended that the City Council approve the request; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does approve, a 24.8-foot variance from the 100-foot ordinary high water level setback for an impervious surface and a 3.88-foot variance from the 75-foot wetland setback, based on the following findings: 1. The proposed use for an impervious surface (impervious path) is a reasonable use. The City approved the location of the accessory dwelling unit (ADU) in 2021 and providing access to the legally nonconforming structure is reasonable for the personal use of the property as well as emergency services. 2. The location and need for the path are unique to the property. The proposed impervious path is needed to do circumstances created by the landowner, however, the path is necessary to access a legally nonconforming structure. 3. If the variance were granted, it would not alter the essential character of the locality. 4. Economic conditions are not solely a factor in the variance. 5. The variance is not related to inadequate access to direct sunlight for solar energy systems. 6. The proposed variance will not impair adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. 7. Construction of the impervious path is the minimum action required to eliminate the practical difficulty of accessing the ADU. FURTHER BE IT RESOLVED that the following conditions of approval shall be met: 1. The impervious surface shall be in substantial compliance with the site plan reviewed with this application and dated, subject to conditions. 2. The impervious surface shall not be expanded in either length or width without approval of the City Council through an application for an amendment to this Resolution. 3. The impervious path shall not be wider than 10 feet. 4. The applicant shall submit an exhibit documenting the view corridor on the property. The view corridor shall be a single contiguous corridor of 50 feet. The applicant shall restore areas outside of the view corridor where intensive vegetation clearing was performed in the bluff impact zone. 5. Restoration of perennial vegetation and trees shall be completed by June 1st, 2025. 6. The applicant shall acquire any required permits from the Carnelian-Marine-St. Croix Watershed District and comply with their requirements. 7. The applicant shall secure any other applicable Federal, State, County, and local permits required for the project. 8. The applicant shall pay all fees and escrows associated with this application. Whereupon, said Resolution is hereby declared adopted on this 17th day of December 2024. Christine Maefsky, Mayor ATTEST: Kyle Morell, City Administrator Attachment A ALL THAT PART OF LOT 7 OF SECTION 29, TOWNSHIP 32 NORTH, RANGE 20 WEST, DESCRIBED AS FOLLOWS, TO WIT: COMMENCING AT A POINT IN THE NORTH LINE OF SAID LOT 7, 1364.00 FEET EAST OF THE NORTHWEST CORNER THEREOF, THENCE SOUTH 150.00 FEET, THENCE SOUTH 27 DEGREES 30 MINUTES 00 SECONDS WEST, 190.00 FEET TO THE INITIAL POINT OF BEGINNING OF THE LAND TO BE DESCRIBED; THENCE TO THE RIGHT ALONG THE CIRCUMFERENCE OF A CURVE WITH A RADIUS OF 45.50 FEET, A DISTANCE OF 104.43 FEET, THENCE NORTH 21 DEGREES WEST 167.60 FEET; THENCE SOUTH 68 DEGREES WEST 54.5 FEET; THENCE SOUTH 4 DEGREES 20 MINUTES EAST 179.00 FEET, THENCE SOUTH 4 DEGREES 30 MINUTES WEST 177.00 FEET, THENCE SOUTRH 10 DEGREES 40 MINUTES EAST 84 FEET TO THE SHORE OF BIG LAKE; THENCE NORTHEASTERLY ALONG THE SHORE 356.00 FEET, MORE OR LESS, TO A POINT WHICH BEARS SOUTH 44 DEGREES 15 MINUTES EAST FROM THE POINT OF BEGINNING; THENCE NORTHWESTERLY TO THE POINT OF BEGINNING. ALL THAT PART OF LOT 7, IN SECTION 29, TOWNSHIP 32 NORTH, RANGE 20 WEST, DESCRIBED AS FOLLOWS: TO-WIT: BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT 7, 1364.00 FEET EAST OF THE NORTHWEST CORNER THEREOF; THENCE SOUTH 150.00 FEET TO A POINT; THENCE SOUTH 27 DEGREES 30 MINUTES WEST 190.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREBY CONVEYED; THENCE SOUTH 44 DEGREES 15 MINUTES EAST 176.00 FEET TO THE SHORE OF BIG LAKE; THENCE NORTHEASTERLY ALONG SAID SHORE 64.10 FEET TO A POINT; THENCE NORTH 49 DEGREES WEST 198.60 FEET TO A POINT; THENCE SOUTH 27 DEGREES 30 MINUTES WEST 50.00 FEET TO THE POINT OF BEGINNING. 1 | P a g e Date of Meeting: December 3, 2024 To: Chair Loeffler and Members of the Planning Commission From: T.J. Hofer, Consultant City Planner Re: Variances for an Impervious Surface in the Ordinary High Water Level Setback for 19489 Manning Trail North Applicant: Paul Bruggeman Zoning: RR-G, SM-O Owner: Denise Bruggeman Future Land Use: General Rural Location: PID 29.032.20.32.0019 Review Deadline November 4, 2024 The applicant is requesting approval for an after the fact variance to for an impervious surface (driveway) within the setback from the ordinary high-water level (OHWL) and from a wetland. Since submitting the application, the applicant has constructed the path without approval. BACKGROUND The application was heard at the October 1, 2024, meeting and a public hearing was held. No comments were made. The applicant requested the application be tabled. The Planning Commission motioned to table the application with a 4-0 vote (Loeffler absent). The packet from the October meeting is attached and includes the background, evaluation of criteria, and analysis of the application. The applicant has reached out to City staff regarding concerns about the conditions included within the staff report. Staff have amended the language within the staff report to separate conditions recommended by City staff and conditions recommended by the Watershed. ANALYSIS Review Comments The submittal was sent to city staff and other regulatory agencies for review and comment. 2 | P a g e Carnelian-Marine-St. Croix Watershed District The Carnelian-Marine-St. Croix Watershed District (CMSCWD) has provided comment regarding the variance request and does not support the variance. CMSCWD has provided site photos and a detailed chronological report of issues on the site. CMSCWD has provided the following conditions for consideration if the variance is approved: 1. Restoration of Minnesota native perennial vegetation of all areas within the Bluff Impact Zone. Currently Bluff Impact Zone (BIZ) areas have been converted to turf grass. 2. Replanting of all trees removed from BIZ. 3. Restore additional Minnesota native trees and tall shrubs (used in combination) to screen 50% of the accessory dwelling unit (ADU). 4. Enforce removal of the shed that was previously approved to be removed (site plans dated 7-7-22). Department of Natural Resources The DNR Area Hydrologist provided no comment. Engineering Department The City Engineer had no comment. Public Works Department The Public Works Director had no comment. Fire Department The Fire Chief stated that if the impervious surface is serving as an access for the ADU, then the driveway must be a minimum of 10 feet wide. Staff Analysis Staff finds that the proposed plan is generally consistent with the Comprehensive Plan and Zoning Ordinance. Where the proposal is not consistent, staff has included conditions to bring the proposal into compliance. Staff have included conditions in the attached resolution to minimize impacts to the lake and shoreland area and restore areas where work was done outside of approved plans and permits. These conditions include the path being consistent with the site plan reviewed with this application, the path being a maximum width of 10 ft., and the path not being expanded without additional approvals from the City Council. The impervious path is not eligible to be expanded through the expansion of nonconformities through Section 153.500.110 Subd. 3 (E) as it does not meet the definition of a structure in either the UDC or the Shoreland Ordinance. 3 | P a g e Staff have reviewed the conditions recommended by CMSCWD and found that the conditions suggested are not consistent with the standards adopted by the City. Staff have included a condition that the area in the bluff impact zone be restored to be consistent with the standards of 8.23 of the Shoreland Ordinance. 8.23 sets the standards for vegetative management on a site and sets limits for a view corridor on a site: 8.23 Limited clearing and trimming of trees and shrubs in the shore and bluff impact zones and on steep slopes, is allowed to provide a view to the water from the principal dwelling and to accommodate the placement of stairways and landings, picnic areas, access paths, livestock watering areas, beach and watercraft access areas, and permitted water-oriented accessory structures or facilities, provided that: A. Vegetation shall be restored or maintained to screen all structures, vehicles, or other facilities by at least 50% as viewed from the water, assuming summer, leaf- on conditions. B. The maximum view corridor shall be a single contiguous corridor less than 50 feet or one-third of the parcel width, whichever is less; C. Existing shading of water surfaces along rivers is preserved; D. Cutting debris or slash shall be scattered and not mounded on the ground; and E. Perennial ground cover is retained. F. Picnic areas, access paths, livestock watering areas, beaches and watercraft access areas are prohibited in bluff impact zones. The original conditions to address this are still within the draft ordinance and are conditions 4, 5, and 6. 4. A full lot tree survey documenting all existing trees size, location, and species certified by a forester, ecologist, landscape architect or other qualified professional retained by the applicant shall be provided to the City and Carnelian-Marine-St. Croix Watershed District by April 1st, 2025. 5. The applicant shall restore additional Minnesota native trees and tall shrubs (used in combination) to screen the entire boulder walls and shed. 6. The applicant shall restore vegetation within the bluff impact zone to bring the site into compliance with 8.23 of the Shoreland Ordinance. The applicant expressed concerns regarding these conditions to staff. If the Planning Commission wished to recommend conditions related to the bluff impact zone that had a lesser impact on the site the following could be considered. 4. A full lot tree survey documenting all existing trees size, location, and species certified by a forester, ecologist, landscape architect or other qualified professional 4 | P a g e retained by the applicant shall be provided to the City and Carnelian-Marine-St. Croix Watershed District by April 1st, 2025. The City did not require a tree survey with the original variance approval but would require one under current Shoreland Ordinance 3.42. No reasonable lesser standard would apply here. The Planning Commission could recommend removing the condition. 5. The applicant shall restore additional Minnesota native trees and tall shrubs (used in combination) to screen the entire boulder walls and shed. 6. The applicant shall submit an exhibit documenting the view corridor on the property. The view corridor shall be a single contiguous corridor of 50 feet. The applicant shall restore areas outside of the view corridor where intensive vegetation clearing was performed in the shall restore vegetation within the bluff impact zone to bring the site into compliance with 8.23 of the Shoreland Ordinance. A documented history of intensive vegetation clearing exists for the site, including into the bluff setback zone. Intensive vegetation clearing is defined as, “The complete removal of trees or shrubs in a contiguous patch, strip, row, or block.” Intensive vegetation clearing in the shore and bluff impact zones and on steep slopes is prohibited by Shoreland Ordinance 8.22. The standard in 8.22 was adopted prior to the approval of the variance that allowed construction on the lot and therefore activities on the lot are subject to the standard. Based on the ordinance in effect at the time, all intensive vegetation clearing should be restored. 8.23 allows for limited clearing within the shore impact zone and bluff impact zone to establish a view corridor. The view corridor should be documented with the City and the areas that were disturbed outside of the view corridor should be restored. A requirement of the view corridor is that all structures, vehicles, or other facilities be screened by at least 50% as viewed from the water, assuming summer, leaf -on conditions. The shed and boulder wall are both considered structures. COMMISSION ACTION The Planning Commission can do one of the following: 1. Recommend approval, with or without conditions, of the attached ordinance and resolutions. 2. Recommend denial, with findings, of the attached ordinance and resolutions. 3. Table the request for further review/study. Staff recommends that the Planning Commission recommend approval of the request for an after the fact variance to for an impervious surface (driveway) within the setback from the ordinary high-water level (OHWL) and from a wetland as 19489 Manning Trail North. Approval includes a resolution. The following findings are recommended: 5 | P a g e 1. The proposed use for an impervious surface (impervious path) is a reasonable use. The City approved the location of the accessory dwelling unit (ADU) in 2021 and providing access to the legally nonconforming structure is reasonable for the personal use of the property as well as emergency services. 2. The location and need for the path are unique to the property. The proposed impervious path is needed to do circumstances created by the landowner, however, the path is necessary to access a legally nonconforming structure. 3. If the variance were granted, it would not alter the essential character of the locality. 4. Economic conditions are not solely a factor in the variance. 5. The variance is not related to inadequate access to direct sunlight for solar energy systems. 6. The proposed variance will not impair adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. 7. Construction of the impervious path is the minimum action required to eliminate the practical difficulty of accessing the ADU. The following conditions are recommended: 1. The impervious surface shall be in substantial compliance with the site plan reviewed with this application and dated, subject to conditions. 2. The impervious surface shall not be expanded in either length or width without approval of the City Council through an application for an amendment to this Resolution. 3. The impervious path shall not be wider than 10 feet. 4. A full lot tree survey documenting all existing trees size, location, and species certified by a forester, ecologist, landscape architect or other qualified professional retained by the applicant shall be provided to the City and Carnelian-Marine-St. Croix Watershed District by April 1st, 2025. 5. The applicant shall restore additional Minnesota native trees and tall shrubs (used in combination) to screen the entire boulder walls and shed. 6. The applicant shall restore vegetation within the bluff impact zone to bring the site into compliance with 8.23 of the Shoreland Ordinance. 6 | P a g e 7. Restoration of perennial vegetation and trees shall be completed by April 1st, 2025 8. The applicant shall acquire any required permits from the Carnelian-Marine-St. Croix Watershed District and comply with their requirements. 9. The applicant shall secure any other applicable Federal, State, County, and local permits required for the project. 10. The applicant shall pay all fees and escrows associated with this application. Additional conditions have been recommended by the Carnelian-Marine-St. Croix Watershed District. If the Planning Commission wishes to include these conditions, an amendment would be required to the attached resolution: 1. Restoration of Minnesota native perennial vegetation of all areas within the Bluff Impact Zone. Currently Bluff Impact Zone areas have been converted to turf grass. 2. Replanting of all trees removed from Bluff Impact Zone. 3. Restore additional Minnesota native trees and tall shrubs, used in combination, to screen 50% of the accessory dwelling unit. 4. Enforce removal of the shed that was previously approved to be removed (site plans dated 7-7-22). STAFF RECOMMENDATIONS Staff recommends the Planning Commission: Motion to recommend approval of the attached resolution to approve an after-the-fact variance to allow for construction of an impervious path, with conditions as described by staff within the staff report. Attachments A. Resolution 12-17-24-XX Approving a Variance for an Impervious Surface B. Planning Commission “Variances for an Impervious Surface in the Ordinary High Water Level Setback for 19489 Manning Trail North” Packet, dated October 1, 2024 CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 12-17-24-XX APPROVING A VARIANCE FOR AN IMPERVIOUS SURFACE WITHIN THE SETBACK OF THE ORDINARY HIGH WATER LEVEL FOR PARCEL 29.032.20.32.0019 LOCATED AT 19489 MANNING TRAIL NORTH WHEREAS, Paul Bruggeman (the “applicant”), has requested and made an application for a 24.8- foot variance from the 100-foot ordinary high water level setback for an impervious surface on a property located at 19489 Manning Trail North and the property is legally described as: See Attachment A; and WHEREAS, the Planning Commission reviewed the variance request at a duly noticed Public Hearing on October 1, 2024, and recommended that the City Council approve the request; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does approve, a 24.8-foot variance from the 100-foot ordinary high water level setback for an impervious surface, based on the following findings: 1. The proposed use for an impervious surface (impervious path) is a reasonable use. The City approved the location of the accessory dwelling unit (ADU) in 2021 and providing access to the legally nonconforming structure is reasonable for the personal use of the property as well as emergency services. 2. The location and need for the path are unique to the property. The proposed impervious path is needed to do circumstances created by the landowner, however, the path is necessary to access a legally nonconforming structure. 3. If the variance were granted, it would not alter the essential character of the locality. 4. Economic conditions are not solely a factor in the variance. 5. The variance is not related to inadequate access to direct sunlight for solar energy systems. 6. The proposed variance will not impair adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. 7. Construction of the impervious path is the minimum action required to eliminate the practical difficulty of accessing the ADU.. FURTHER BE IT RESOLVED that the following conditions of approval shall be met: 1. The impervious surface shall be in substantial compliance with the site plan reviewed with this application and dated, subject to conditions. 2. The impervious surface shall not be expanded in either length or width without approval of the City Council through an application for an amendment to this Resolution. 3. The impervious path shall not be wider than 10 feet. 4. A full lot tree survey documenting all existing trees size, location, and species certified by a forester, ecologist, landscape architect or other qualified professional retained by the applicant shall be provided to the City and Carnelian-Marine-St. Croix Watershed District by April 1st, 2025. 5. The applicant shall restore additional Minnesota native trees and tall shrubs (used in combination) to screen the entire boulder walls and shed. 6. The applicant shall restore vegetation within the bluff impact zone to bring the site into compliance with 8.23 of the Shoreland Ordinance. 7. Restoration of perennial vegetation and trees shall be completed by April 1st, 2025 8. The applicant shall acquire any required permits from the Carnelian-Marine-St. Croix Watershed District and comply with their requirements. 9. The applicant shall secure any other applicable Federal, State, County, and local permits required for the project. 10. The applicant shall pay all fees and escrows associated with this application. Whereupon, said Resolution is hereby declared adopted on this 17th day of December 2024. Christine Maefsky, Mayor ATTEST: Kyle Morell, City Administrator Attachment A ALL THAT PART OF LOT 7 OF SECTION 29, TOWNSHIP 32 NORTH, RANGE 20 WEST, DESCRIBED AS FOLLOWS, TO WIT: COMMENCING AT A POINT IN THE NORTH LINE OF SAID LOT 7, 1364.00 FEET EAST OF THE NORTHWEST CORNER THEREOF, THENCE SOUTH 150.00 FEET, THENCE SOUTH 27 DEGREES 30 MINUTES 00 SECONDS WEST, 190.00 FEET TO THE INITIAL POINT OF BEGINNING OF THE LAND TO BE DESCRIBED; THENCE TO THE RIGHT ALONG THE CIRCUMFERENCE OF A CURVE WITH A RADIUS OF 45.50 FEET, A DISTANCE OF 104.43 FEET, THENCE NORTH 21 DEGREES WEST 167.60 FEET; THENCE SOUTH 68 DEGREES WEST 54.5 FEET; THENCE SOUTH 4 DEGREES 20 MINUTES EAST 179.00 FEET, THENCE SOUTH 4 DEGREES 30 MINUTES WEST 177.00 FEET, THENCE SOUTRH 10 DEGREES 40 MINUTES EAST 84 FEET TO THE SHORE OF BIG LAKE; THENCE NORTHEASTERLY ALONG THE SHORE 356.00 FEET, MORE OR LESS, TO A POINT WHICH BEARS SOUTH 44 DEGREES 15 MINUTES EAST FROM THE POINT OF BEGINNING; THENCE NORTHWESTERLY TO THE POINT OF BEGINNING. ALL THAT PART OF LOT 7, IN SECTION 29, TOWNSHIP 32 NORTH, RANGE 20 WEST, DESCRIBED AS FOLLOWS: TO-WIT: BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT 7, 1364.00 FEET EAST OF THE NORTHWEST CORNER THEREOF; THENCE SOUTH 150.00 FEET TO A POINT; THENCE SOUTH 27 DEGREES 30 MINUTES WEST 190.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREBY CONVEYED; THENCE SOUTH 44 DEGREES 15 MINUTES EAST 176.00 FEET TO THE SHORE OF BIG LAKE; THENCE NORTHEASTERLY ALONG SAID SHORE 64.10 FEET TO A POINT; THENCE NORTH 49 DEGREES WEST 198.60 FEET TO A POINT; THENCE SOUTH 27 DEGREES 30 MINUTES WEST 50.00 FEET TO THE POINT OF BEGINNING. 1 | P a g e Date of Meeting: October 1, 2024 To: Chair Loeffler and Members of the Planning Commission From: T.J. Hofer, Consultant City Planner Re: Variances for an Impervious Surface in the Ordinary High Water Level Setback for 19489 Manning Trail North Applicant: Paul Bruggeman Zoning: RR-G, SM-O Owner: Denise Bruggeman Future Land Use: General Rural Location: PID 29.032.20.32.0019 Review Deadline November 4, 2024 The applicant is requesting approval for an after the fact variance to for an impervious surface (driveway) within the setback from the ordinary high-water level (OHWL) and from a wetland. Since submitting the application, the applicant has constructed the path without approval. BACKGROUND A variance was granted in 2021 through Resolution 2021-54 to approve construction of a single- family home on a nonconforming lot and to allow for the construction for an accessory dwelling unit (ADU) that encroached into a wetland setback, the ordinary high water level setback, and a side structure setback. The current request is for an impervious surface, that will function as a driveway, for the approved ADU. Before the project that was approved with Resolution 2021-54 began, a path existed on the parcel that led from the existing access down towards the shoreline of Big Marine Lake. Construction on the site began in 2022. As part of grading the site the existing path was removed, thereby ending the rights to continue as a nonconformity. Notably, the Unified Development Code (UDC) states in 153.500.110 Subd. 4 V. a., “When a lawful nonconforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use.” Since the site was graded and the path removed, the applicant has installed a new gravel path that leads to the ADU. Throughout the 2 | P a g e construction on the site, the City and Watershed have both noted multiple violations on the site and ongoing efforts are being made to bring the site into compliance. The Carnelian-Marine-St. Croix Watershed District (CMSCWD) has provided a comprehensive account of the history of the property as part of their comment on the application, which is attached. Parcels that surround the parcel with the proposed replacement are zoned RR-N – Rural Residential Neighborhood and are either vacant or used for single family dwellings. EVALUATION OF REQUEST Existing Conditions As the previous path was removed, the site should be evaluated as if no improvement previous or currently exists and no right to replace the previous path exists. The existing lot and accessory dwelling unit have been granted variances to allow for the development of the property and the location of the structures. The principal structure was constructed as a legally conforming structure. An accessory structure located near the OHWL exists on the site that was required to be removed with as a condition of Resolution 2021-54. The applicant has been in contact with the City regarding this structure and staff understands that the applicant is working to address the issue. Proposed Conditions The applicant is requesting approval for an after-the-fact variance for an impervious surface to be constructed in the setback from the ordinary high-water level and a wetland. This impervious surface will be a driveway that leads down to the front of the approved ADU on the property. The driveway has been constructed and staff believes at this time the driveway is gravel, however, the applicant has indicated that the driveway will ultimately be paved. The existing ADU was constructed with an approved variance and is setback 77.7 ft. from the OHWL of Big Marine. The applicant is proposing a setback from the OHWL of 75.2 ft. for the impervious path where a 100 ft. setback is required. The path is setback 71.12 ft. from an offsite wetland as well, where 75 ft. is required. The site plan submitted by the applicant shows that with the construction of the impervious path, the site will be at 14.7% impervious surface, where 25% is the maximum allowed. 3 | P a g e Variance Section 153.500.060 Subd. 1 (B) establishes the standards for when the City shall approve a variance. The variance must be consistent with the Comprehensive Plan, must be in harmony with the general purpose and intent of this Chapter, and when the strict enforcement of this Chapter would result in practical difficulties with carrying out the strict letter of the Code. Practical difficulties are established within the UDC and are listed below in italics. Staff’s analysis of these is below each practical difficulty: a. The applicant proposes to use the property in a reasonable manner not permitted by this Chapter. The proposed use for an impervious surface (impervious path) is a reasonable use. The City approved the location of the accessory dwelling unit (ADU) in 2021 and providing access to the legally nonconforming structure is reasonable for the personal use of the property as well as emergency services. b. The plight of the landowner is due to circumstances unique to the property not created by the landowner. The location and need for the path are unique to the property. The proposed impervious path is needed to do circumstances created by the landowner, however, the path is necessary to access a legally nonconforming structure. c. The variance, if granted, will not alter the essential character of the locality. If the variance were granted, it would not alter the essential character of the locality. d. Economic conditions alone shall not constitute practical difficulties. Economic conditions are not solely a factor in the variance. e. May include, but is not limited to, inadequate access to direct sunlight for solar energy systems. The variance is not related to inadequate access to direct sunlight for solar energy systems. f. The proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. The proposed variance will not impair adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the 4 | P a g e danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. g. The requested variance is the minimum action required to eliminate the practical difficulty Construction of the impervious path is the minimum action required to eliminate the practical difficulty of accessing the ADU. ANALYSIS Review Comments The submittal was sent to city staff and other regulatory agencies for review and comment. Carnelian-Marine-St. Croix Watershed District The Carnelian-Marine-St. Croix Watershed District (CMSCWD) has provided comment regarding the variance request and does not support the variance. CMSCWD has provided site photos and a detailed chronological report of issues on the site. CMSCWD has provided the following conditions for consideration if the variance is approved: 1. Restoration of Minnesota native perennial vegetation of all areas within the Bluff Impact Zone. Currently Bluff Impact Zone (BIZ) areas have been converted to turf grass. 2. Replanting of all trees removed from BIZ. 3. Restore additional Minnesota native trees and tall shrubs (used in combination) to screen 50% of the accessory dwelling unit (ADU). 4. Enforce removal of the shed that was previously approved to be removed (site plans dated 7-7-22). Department of Natural Resources The DNR Area Hydrologist provided no comment. Engineering Department The City Engineer had no comment. Public Works Department The Public Works Director had no comment. Fire Department The Fire Chief stated that if the impervious surface is serving as an access for the ADU, then the driveway must be a minimum of 10 feet wide. 5 | P a g e Staff Analysis Staff finds that the proposed plan is generally consistent with the Comprehensive Plan and Zoning Ordinance. Where the proposal is not consistent, staff has included conditions to bring the proposal into compliance. Staff believes that the proposal for the variance is generally in compliance with the requirements outlined within the UDC. The variance is consistent with the future land use shown in the 2040 Comprehensive Plan and the proposed use meets the definition of the RR-G zoning district. Staff have included conditions in the attached resolution to minimize impacts to the lake and shoreland area and restore areas where work was done outside of approved plans and permits. These conditions include the path being consistent with the site plan reviewed with this application, the path being a maximum width of 10 ft., and the path not being expanded without additional approvals from the City Council. The impervious path is not eligible to be expanded through the expansion of nonconformities through Section 153.500.110 Subd. 3 (E) as it does not meet the definition of a structure in either the UDC or the Shoreland Ordinance. Staff have reviewed the conditions recommended by CMSCWD and found that the conditions suggested are not consistent with the standards adopted by the City. Staff have instead included a condition that the are in the bluff impact zone be restored to be consistent with the standards of 8.23 of the Shoreland Ordinance. 8.23 sets the standards for vegetative management on a site and sets limits for a view corridor on a site: 8.23 Limited clearing and trimming of trees and shrubs in the shore and bluff impact zones and on steep slopes, is allowed to provide a view to the water from the principal dwelling and to accommodate the placement of stairways and landings, picnic areas, access paths, livestock watering areas, beach and watercraft access areas, and permitted water-oriented accessory structures or facilities, provided that: A. Vegetation shall be restored or maintained to screen all structures, vehicles, or other facilities by at least 50% as viewed from the water, assuming summer, leaf- on conditions. B. The maximum view corridor shall be a single contiguous corridor less than 50 feet or one-third of the parcel width, whichever is less; C. Existing shading of water surfaces along rivers is preserved; D. Cutting debris or slash shall be scattered and not mounded on the ground; and E. Perennial ground cover is retained. F. Picnic areas, access paths, livestock watering areas, beaches and watercraft access areas are prohibited in bluff impact zones. 6 | P a g e COMMISSION ACTION The Planning Commission can do one of the following: 1. Recommend approval, with or without conditions, of the attached ordinance and resolutions. 2. Recommend denial, with findings, of the attached ordinance and resolutions. 3. Table the request for further review/study. Staff recommends that the Planning Commission recommend approval of the request for an after the fact variance to for an impervious surface (driveway) within the setback from the ordinary high-water level (OHWL) and from a wetland as 19489 Manning Trail North. Approval includes a resolution. The following findings are recommended: 1. The proposed use for an impervious surface (impervious path) is a reasonable use. The City approved the location of the accessory dwelling unit (ADU) in 2021 and providing access to the legally nonconforming structure is reasonable for the personal use of the property as well as emergency services. 2. The location and need for the path are unique to the property. The proposed impervious path is needed to do circumstances created by the landowner, however, the path is necessary to access a legally nonconforming structure. 3. If the variance were granted, it would not alter the essential character of the locality. 4. Economic conditions are not solely a factor in the variance. 5. The variance is not related to inadequate access to direct sunlight for solar energy systems. 6. The proposed variance will not impair adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. 7. Construction of the impervious path is the minimum action required to eliminate the practical difficulty of accessing the ADU. 7 | P a g e The following conditions are recommended: 1. The impervious surface shall be in substantial compliance with the site plan reviewed with this application and dated, subject to conditions. 2. The impervious surface shall not be expanded in either length or width without approval of the City Council through an application for an amendment to this Resolution. 3. The impervious path shall not be wider than 10 feet. 4. A full lot tree survey documenting all existing trees size, location, and species certified by a forester, ecologist, landscape architect or other qualified professional retained by the applicant shall be provided to the City and Carnelian-Marine-St. Croix Watershed District by April 1st, 2025. 5. The applicant shall restore additional Minnesota native trees and tall shrubs (used in combination) to screen the entire boulder walls and shed. 6. The applicant shall restore vegetation within the bluff impact zone to bring the site into compliance with 8.23 of the Shoreland Ordinance. 7. Restoration of perennial vegetation and trees shall be completed by April 1st, 2025 8. The applicant shall acquire any required permits from the Carnelian-Marine-St. Croix Watershed District and comply with their requirements. 9. The applicant shall secure any other applicable Federal, State, County, and local permits required for the project. 10. The applicant shall pay all fees and escrows associated with this application. STAFF RECOMMENDATIONS Staff recommends the Planning Commission: Motion to recommend approval of the attached resolution to approve an after-the-fact variance to allow for construction of an impervious path, with conditions as described by staff within the staff report. Attachments 1. Resolution 10-15-24-XX Approving a Variance for an Impervious Surface 2. Location Map 3. Zoning Map 4. Application 5. Certificate of Survey (Existing Conditions) 8 | P a g e 6. Site Plan 7. CMSCWD Comments, dated September 22, 2024 CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 10-15-24-XX APPROVING A VARIANCE FOR AN IMPERVIOUS SURFACE WITHIN THE SETBACK OF THE ORDINARY HIGH WATER LEVEL FOR PARCEL 29.032.20.32.0019 LOCATED AT 19489 MANNING TRAIL NORTH WHEREAS, Paul Bruggeman (the “applicant”), has requested and made an application for a 24.8- foot variance from the 100-foot ordinary high water level setback for an impervious surface on a property located at 19489 Manning Trail North and the property is legally described as: See Attachment A; and WHEREAS, the Planning Commission reviewed the variance request at a duly noticed Public Hearing on October 1, 2024, and recommended that the City Council approve the request; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does approve, a 24.8-foot variance from the 100-foot ordinary high water level setback for an impervious surface, based on the following findings: 1. The proposed use for an impervious surface (impervious path) is a reasonable use. The City approved the location of the accessory dwelling unit (ADU) in 2021 and providing access to the legally nonconforming structure is reasonable for the personal use of the property as well as emergency services. 2. The location and need for the path are unique to the property. The proposed impervious path is needed to do circumstances created by the landowner, however, the path is necessary to access a legally nonconforming structure. 3. If the variance were granted, it would not alter the essential character of the locality. 4. Economic conditions are not solely a factor in the variance. 5. The variance is not related to inadequate access to direct sunlight for solar energy systems. 6. The proposed variance will not impair adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. 7. Construction of the impervious path is the minimum action required to eliminate the practical difficulty of accessing the ADU.. FURTHER BE IT RESOLVED that the following conditions of approval shall be met: 1. The impervious surface shall be in substantial compliance with the site plan reviewed with this application and dated, subject to conditions. 2. The impervious surface shall not be expanded in either length or width without approval of the City Council through an application for an amendment to this Resolution. 3. The impervious path shall not be wider than 10 feet. 4. A full lot tree survey documenting all existing trees size, location, and species certified by a forester, ecologist, landscape architect or other qualified professional retained by the applicant shall be provided to the City and Carnelian-Marine-St. Croix Watershed District by April 1st, 2025. 5. The applicant shall restore additional Minnesota native trees and tall shrubs (used in combination) to screen the entire boulder walls and shed. 6. The applicant shall restore vegetation within the bluff impact zone to bring the site into compliance with 8.23 of the Shoreland Ordinance. 7. Restoration of perennial vegetation and trees shall be completed by April 1st, 2025 8. The applicant shall acquire any required permits from the Carnelian-Marine-St. Croix Watershed District and comply with their requirements. 9. The applicant shall secure any other applicable Federal, State, County, and local permits required for the project. 10. The applicant shall pay all fees and escrows associated with this application. Whereupon, said Resolution is hereby declared adopted on this 15th day of October 2024. Christine Maefsky, Mayor ATTEST: Kyle Morell, City Administrator Attachment A ALL THAT PART OF LOT 7 OF SECTION 29, TOWNSHIP 32 NORTH, RANGE 20 WEST, DESCRIBED AS FOLLOWS, TO WIT: COMMENCING AT A POINT IN THE NORTH LINE OF SAID LOT 7, 1364.00 FEET EAST OF THE NORTHWEST CORNER THEREOF, THENCE SOUTH 150.00 FEET, THENCE SOUTH 27 DEGREES 30 MINUTES 00 SECONDS WEST, 190.00 FEET TO THE INITIAL POINT OF BEGINNING OF THE LAND TO BE DESCRIBED; THENCE TO THE RIGHT ALONG THE CIRCUMFERENCE OF A CURVE WITH A RADIUS OF 45.50 FEET, A DISTANCE OF 104.43 FEET, THENCE NORTH 21 DEGREES WEST 167.60 FEET; THENCE SOUTH 68 DEGREES WEST 54.5 FEET; THENCE SOUTH 4 DEGREES 20 MINUTES EAST 179.00 FEET, THENCE SOUTH 4 DEGREES 30 MINUTES WEST 177.00 FEET, THENCE SOUTRH 10 DEGREES 40 MINUTES EAST 84 FEET TO THE SHORE OF BIG LAKE; THENCE NORTHEASTERLY ALONG THE SHORE 356.00 FEET, MORE OR LESS, TO A POINT WHICH BEARS SOUTH 44 DEGREES 15 MINUTES EAST FROM THE POINT OF BEGINNING; THENCE NORTHWESTERLY TO THE POINT OF BEGINNING. ALL THAT PART OF LOT 7, IN SECTION 29, TOWNSHIP 32 NORTH, RANGE 20 WEST, DESCRIBED AS FOLLOWS: TO-WIT: BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT 7, 1364.00 FEET EAST OF THE NORTHWEST CORNER THEREOF; THENCE SOUTH 150.00 FEET TO A POINT; THENCE SOUTH 27 DEGREES 30 MINUTES WEST 190.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREBY CONVEYED; THENCE SOUTH 44 DEGREES 15 MINUTES EAST 176.00 FEET TO THE SHORE OF BIG LAKE; THENCE NORTHEASTERLY ALONG SAID SHORE 64.10 FEET TO A POINT; THENCE NORTH 49 DEGREES WEST 198.60 FEET TO A POINT; THENCE SOUTH 27 DEGREES 30 MINUTES WEST 50.00 FEET TO THE POINT OF BEGINNING. 3, 00 9.3© Bolton & Menk, Inc - Web GIS 0 Legend This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information, and data located in various city, county, and state offices, and other sources affecting the area shown, and is to be used for reference purposes only. The City of Scandia is not responsible for any inaccuracies herein contained. Disclaimer: 9/24/2024 8:57 AM 2,107 Feet Roads US Trunk Highway Minnesota Trunk Highway County Highway Local Roads Ramp City Limits Parks Location Map 75 2.3 © Bolton & Menk, Inc - Web GIS 0 Legend This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information, and data located in various city, county, and state offices, and other sources affecting the area shown, and is to be used for reference purposes only. The City of Scandia is not responsible for any inaccuracies herein contained. Disclaimer: 9/24/2024 8:55 AM 527 Feet City Limits Parcels 07/31/2024 Lot Lines Parks Shoreland Overlay PUD Overlay Lakes Mining Overlay Saint Croix River District Zoning Agricultural Core Agricultural Preserves Rural Residential General Village Neighborhood Rural Commercial Rural Residential Neighborhood Village Historic Core Village Center Open Space - Planned Unit Development Industrial Park Zoning Map Carnelian-Marine-St. Croix Watershed District 11660 Myeron Rd North • Stillwater, MN 55082 • Tel 651-275-7451 Tori Dupre, President ● Kristin Tuenge, Treasurer ● Paul Richert, Secretary Managers: Pat Gleason, Mike White, Fred Rozumalski, & Ann Warner 1 To : Scandia Planning Commission , TJ Hofer – Planner, & Kyle Morell–Administrator From: Carnelian Marine St. Croix Watershed District Date : 9 /2 2 /202 4 Subject: 19489 Manning Trail North Variance Request The Carnelian Marine St. Croix Watershed District (CMSCWD) does not support the variance for an af ter-th e-fact reconstruction of the nonconforming path at 19489 Manning Trail North, Scandia MN. The f u ll exten t o f site plan devia tio n s that have b een pursu e d with o u t v alid permits, ap pro v als, or public co mmen tin g are not pro vid e d in th is new req u est. It is o u r b elief th at if th e applicant had b e en f o rth co min g with h is gradin g, f illin g, an d lan d distu rb ing a ctivities man y of these issues wo u ld h av e been av o ided (i.e. non-permitted activity an d /or proper prev en tio n measures implemented ). A Find of Facts Summary for this project can be found at the end of this letter. Since issuance of the Watershed permit for redevelopment of the site underneath this common plan of development, the following permit violations have been documented: • Significant sediment discharges into Big Marine Lake. • Significant grading beyond plan approvals resulting in: o Loss of well vegetated and stable slopes within the Bluff & Shore Impact Zones. o Installation of features not approved in original permits or variances. o Land disturbance in exceedance of 1 acre triggering the need for a Minnesota Pollution Control Agency (MPCA) Construction Permit and MPCA project oversight. This permit has not been obtained. • Driveway expansion/ improvements. • Failure to comply with multiple Erosion and Sediment control inspection reports and corrective actions requests . • Sediment discharges to adjacent wetlands and a neighboring parcel. • Altered shoreline conditions without a permit. The CMSCWD would support full site resto ratio n to the co nditions sho wn in the orig inal approved site pla ns dated 7 -7 -2022. Carnelian-Marine-St. Croix Watershed District 11660 Myeron Rd North • Stillwater, MN 55082 • Tel 651-275-7451 Tori Dupre, President ● Kristin Tuenge, Treasurer ● Paul Richert, Secretary Managers: Pat Gleason, Mike White, Fred Rozumalski, & Ann Warner 2 If the City does approve a new variance, please consider the following conditions to mitigate lakeshore impacts: 1. Restoration of Minnesota native perennial vegetation o f all areas with in the Blu f f Imp act Zo n e. Curre n tly Blu f f Impact Zone (BIZ) areas have b e e n co n v erted to turf gra ss. 2. Replan tin g of all trees removed f rom BIZ. 3. Restore additional Minnesota native trees and tall shrubs (used in combination) to screen 50% of th e accessory dwelling unit (ADU). 4. Enf o rce remov al of th e shed th at was previously approv ed to be remo v ed (site plan s d ated 7 -7 - 2 2). Respectfully, Tom Langer – CMSCWD Riparian Permit Specialist Carnelian-Marine-St. Croix Watershed District 11660 Myeron Rd North • Stillwater, MN 55082 • Tel 651-275-7451 Tori Dupre, President ● Kristin Tuenge, Treasurer ● Paul Richert, Secretary Managers: Pat Gleason, Mike White, Fred Rozumalski, & Ann Warner 3 Photo taken on 5-3-2022 by CMSCWD of existing path way, steep slopes, trees, and AUD. Photo taken on 8-19-2022 by CMSCWD of access way to w ater prior to discharge. Carnelian-Marine-St. Croix Watershed District 11660 Myeron Rd North • Stillwater, MN 55082 • Tel 651-275-7451 Tori Dupre, President ● Kristin Tuenge, Treasurer ● Paul Richert, Secretary Managers: Pat Gleason, Mike White, Fred Rozumalski, & Ann Warner 4 4-19-2023 photos by CMSCWD . (Top) L ocation of historic path, steep slopes, trees, and redeveloped AUD & Home. (Bottom) Unrecoverable discharge event to Big Marine Lake . Carnelian-Marine-St. Croix Watershed District 11660 Myeron Rd North • Stillwater, MN 55082 • Tel 651-275-7451 Tori Dupre, President ● Kristin Tuenge, Treasurer ● Paul Richert, Secretary Managers: Pat Gleason, Mike White, Fred Rozumalski, & Ann Warner 5 Finding of Facts for CMSCWD permit 22 -011 related activities: • 7 -14-22 CMSCWD executes initial permit and confirms ESC control are installed as outlined in approved plan. • 7 -15-22 City informs Landowner he can complete his demolition permit requirements and begin demolition. • 8 -15-22 CMSCWD is notified by Washington County Recording Office that Buffer and Stormwater Declaration based on 7 -14-22 approved site plans are accepted and recorded against the property. • 8 -25-22 WCA LGU official observes driveway expansion and violation of city driveway permit. Landowner agrees to remediate wetland fill at the guidance of the WCA LGU official. When wetland fill is addressed City issues building permit. • 10-13-22 CMSCWD ESC inspections determined non -compliance with permitted activities. CMSCWD documents that previously approved ESC plans are not be followed and greater disturbance is occurring. Mr. Bruggeman is informed of his non -compliance with his permits. • 4 -19-23 & 4 -20-23 CMSCWD inspections confirmed continued non -compliance with issued permits. Greater than 1 acre of disturbance was exceed and landowner also in violation of MPCA NPDES permitting requirements. Needed to obtain a NPDES permit. • 4 -26-23 Site Visit with Landowner, CMSCWD, DNR, and City staff to review and discuss compliance concerns and corrective actions needed. • 5 -2 -23 Site Visit with Landowner, City, & CMSCWD develop an agreement of required actions to complete by 5 -12-23. • 6 -5 -23 Site plan revisions received by CMSCWD (past agreed 5 -12-23 timeframe). • 7 -11-23 Tree plans received. Violation of City variance conditions. • 8 -3 -23 Due to landowner remaining non -compliant with existing permits and variance conditions, continued on-site construction activities, and failure to provide updated site plans compliant with CMSCWD and City, CMSCWD issued an updated list of required su bmittals. • 8 -4 -23 to 9 -10-23 Summary of actions and progress made outlined above. • 9 -11-23 City completes review of bluff impact zone grading and retain wall installation. City issues notice that continued retaining wall construction may resume. • 9 -20-23 City issues letter to Landowner outlining site plan revision required. o Issues statements that proposed drainage plan cannot be approved and revisions are required. o CMSCWD cannot issue stormwater permit that doesn’t comply with City requirements. • 9 -29-23 Comments received from Landowners surveyor. • 11-6 -23 CMSCWD receives a Request for Comments to a new variance application to keep an accessory structure and reconstruction of an impervious path. o Revised Site Plan v.10-17-23 has not addressed drainage concerns of City’s 9 -20-23 letter. o CSMCWD is unable to proceed with permit amendment processing and the project continues to operate with an invalid permit and in violation of permit and variance requirements. • 11-14-23 CMSCWD has not received notice that the landowner has filed and received an NPDES permit for the project. Carnelian-Marine-St. Croix Watershed District 11660 Myeron Rd North • Stillwater, MN 55082 • Tel 651-275-7451 Tori Dupre, President ● Kristin Tuenge, Treasurer ● Paul Richert, Secretary Managers: Pat Gleason, Mike White, Fred Rozumalski, & Ann Warner 6 • 11-15-23 CMSCWD issues updated notice (this email) to City, DNR, and landowners of continued non-compliance and working without valid permits. • 11-27-23 Site Visit with CMSCWD, City, and Landowner. Landowner received direction from City on proposed grading limits for raingarden locations. CMSCWD observed additional shoreline and buffer area alterations outside of approvals and executed permits. Additional corrective actions are required. • 6-5-24 Site visit with CMSCWD to review lakeshore alteration and progress on meeting permit conditions. No corrective actions were made, and site remain in non -compliance with permit agreements. Recommendation that the landowner pursue a variance request r elated to the permit agreement terms at the July or August board meeting. • 7-18-24 – It has been communicated that raingardens have been installed assuming to most recent but unapproved site plans. • 8 -1 5 -24 – City staff h osted co mpliance check-in mee ting with CMSCWD and Mr. Bruggeman . Staf f re iterated p revio usly shared requirements. Ap plicant wan ts to pursu e variance to k e ep p ath to AUD f rom City an d variance fo r u n ap proved sh orelin e mo d if ications an d blu f f v ege tatio n imp a cts f ro m CMSCWD. • 8 -2 1 -24 – CMSCWD site inspection co n f irms buf f er mo n u ments in stalled . Sh ed and p ath remain o u tstan d ing comp lian ce items under City preview. Stormwater man agemen t, shorelin e alteratio n s, an d one tree replacement in b u f f er are outstanding CMSCWD req u irements.