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08.b1 NNG Variance - CC Packet Date of Meeting: February 18, 2025 To: Honorable Mayor and Members of the City Council From: TJ Hofer, Consultant City Planner Re: Variance to Subdivide Two Parcels into Nonconforming Lots for 10830 180th St N and 18180 Manning Trl N Applicant Steven Martinez Northern Natural Gas Zoning: RR-G Owner: Jeffrey & Sherri Nelson Heather M Baker Future Land Use: General Rural Location: 18180 Manning Trl N PID 3103220430002 10830 180th St N PID 3103220340005 Review Deadline March 17, 2025 The applicant is requesting approval of a variance to allow two subdivisions that would result in nonconforming lots. The current request only includes the variance and not the subdivision as the applicant would likely not move forward with the subdivision if the variances were denied. The subdivision of 18180 Manning Trl N (Parcel A) is required as Northern Natural Gas (NNG) is proposing to construct an odorizer station on the southern portion of the parcel and the owner has stated they are not interested in leasing the land. The subdivision of Parcel A would result in the northern lot no longer having frontage along a public right-of-way, creating a nonconformity. NNG is proposing to purchase a portion of 10830 180th St N (Parcel B) where an access easement currently exists for Parcel A. Existing Conditions EVALUATION OF REQUEST Proposed Conditions Below Table 1 and Table 2 have been updated (Table 3 and Table 4 in the February 4, 2025 Report to the Planning Commission) to reflect the proposed conditions with the proposed 50 ft. of right-of-way for Manning Trl. N. and the 33 ft. right-of-way for 180th St. N. Washington County stated in a comment that they would require 75 ft. of right-of-way be dedicated on Manning Trail N. The applicant submitted an additional exhibit on February 13, 2025, that shows only Parcel 1, Parcel B with the required 75 ft. of right-of-way. The 75 ft. of right-of-way is required on Parcel 2, Parcel A, Parcel 1, Parcel B, and Parcel 2, Parcel B. The tables below reflect only the exhibits that have been submitted. Table 1. Proposed Dimensional Standards - 18180 Manning Trl N (Parcel A) RR-G SM-O Proposed Conditions Parcel 1, Parcel A Parcel 2, Parcel A Minimum Lot Size (ac.) 2 2.5 2.93 12.4 Buildable Area (ac.) 1 N/A >1.00 Unknown Minimum Lot Width (ft.) N/A 160 452.69 352.31 Lot Frontage (ft.) 300 N/A 452.69 99.77 Proposed Conditions RR-G SM-O Proposed Conditions Parcel 1, Parcel A Parcel 2, Parcel A Setbacks (ft.) (min.) Front 40 N/A N/A ~642 (Manning) Side 10 N/A N/A ~223 Rear 50 100 N/A ~237 The applicant submitted an additional exhibit on February 13, 2025, that shows only Parcel 1, Parcel B with the required 75 ft. of right-of-way. Table 2. Proposed Dimensional Standards - 10830 180th St N (Parcel B) RR-G SM-O Proposed Conditions (50 ft. ROW) Parcel 1, Parcel B Parcel 2, Parcel B Minimum Lot Size (ac.) 2 2.5 0.005 7.32 Buildable Area (ac.) 1 N/A N/A Unknown Minimum Lot Width (ft.) N/A 160 N/A, See note 352.31 Lot Frontage (ft.) 300 N/A 34.31 1,566.28 Setbacks (ft.) (min.) Front 40 N/A N/A Principal: ~91 (180th) Accessory: ~27 (180th) Side 10 N/A N/A ~96 Rear 50 N/A N/A ~609 The setback for the existing accessory structure on 10830 180th St N will be nonconforming, but appears to be an existing nonconformity and the dedication of right-of-way does not change the buildings location relative to the road. ANALYSIS Review Comments The submittal was sent to city staff and other regulatory agencies for review and comment. Comments were received from the Rice Creek Watershed District and. The comments are summarized in the attached report. Rice Creek Watershed District The Rice Creek Watershed District (RCWD) stated they did not have any concerns, however the subdivision of the property would require watershed permit and recommend the applicant reach out to RCWD. Washington County Washington County provided the following comments. 1. Dedication of 75 feet of right-of-way from the Centerline when subdividing. 2. The resident should maintain an access easement to 180th. 3. No additional access to Manning would be approved. The report to the Planning Commission did not include the comments from the County within the staff report, but the comments were attached and presented to the Planning Commission by staff. Staff asked for further clarification regarding the access easement to 180th but have not received clarification from the County. Staff sees to scenario where an access easement would be required to access 180th St N where a lot does not abut 180th St N and therefore as not included a condition regarding this. Planning Commission The Planning Commission heard the application at the February 4, 2025, meeting. The Planning Commission opened the public hearing and received comments from two residents and the applicant. The residents expressed concern regarding potential nuisances from the existing use in Proposed Conditions with Estimated Required Right-of-Way Dedication May Township and the future use, impacts to the conditions of 180th St. N., and asked for clarification regarding the process. The applicant acknowledged the comments regarding the concerns about the use but asked that the concerns be considered during a future application for the use rather than the current application for the variance. The Planning Commission then closed the public hearing. The Planning Commission discussed the need for the variance, asked for additional clarification regarding the process for the application, the additional right-of-way dedication required by the County, and the dimensional standards for the RR-G district. The Planning Commission moved to recommend approval of the request with one amendment. The motion was approved with a vote of 5-0. The amendment recommended that the allowed dimensional standards be revised to reflect the required right-of-way from Washington County. Staff Analysis Staff finds that the proposed variance is consistent with the UDC and the Comprehensive Plan. The application meets the standards for a practical difficulty and the preferred minimal alternative is impossible due to restraints on the ability to combine the proposed nonconforming lots. The requirement of a 75-foot right-of-way dedication alters the lot dimensions of three of the four resulting parcels, potentially increasing and reducing nonconformities on the various parcels. The applicant submitted an additional document for Parcel B that shows the 75 ft right-of-way on only the proposed Parcel 1, Parcel B. The 75 ft. right-of-way is required along all frontages along Manning Trail North. The Council could approve resolutions for the variances with the current information, as the information regarding Parcel 2, Parcel A, is currently more nonconforming than it will be with the required 75 ft. right-of-way. The minor subdivision with the 75 ft. right-of-way would have a greater lot frontage than what is currently shown, and would Estimated Final Proposed Lot Layout therefore be more conforming than the approved variance. Staff does not recommend this, and would instead recommend the application be tabled until the revised documents can be provided and reviewed so that the approvals reflect the actual variance that will be required. 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 recommended approval of the proposed variances, with an amendment to the resolutions for the approved variances to reflect the 75-foot right-of-way requirement from the County, and subject to the following findings detailed in the staff report and the following conditions: Parcel A: 1. Approval is contingent upon the approval of Resolution 02-18-25-02 Approving a Variance to Allow a Subdivision that will Result in a Nonconforming Lot for Parcel 3103220430002 Located at 18180 Manning Trail North. 2. No subdivision of property is approved with this Resolution . 3. The applicant must commence the authorized subdivision within one year of the date on which the variance is issued. After one year, the approvals issued under the provisions of the Section shall expire without further action by the Planning Commission or Board. 4. The applicant shall record the variance with Washington County within one year of the date when the variance is approved by the City. 5. The applicant shall secure all applicable permits required from watersheds and other local, state, and federal entities. 6. The applicant shall pay all other fees and escrows associated with this application. Parcel B: 1. Approval is contingent upon the approval of Resolution 02-18-25-01 Approving a Variance to Allow a Subdivision that will Result in a Nonconforming Lot for Parcel 3103220340005 Located at 10830 180th Street North). 2. No subdivision of property is approved with this Resolution . 3. When the property is subdivided, the property described in Attachment B shall have a deed restriction recorded against the property that: a. Requires that the 0.01-acre parcel be prohibited to be sold separately from the parcel with the legal description in Attachment C. b. Restricts development of the property and states that the 0.01-acre parcel is undevelopable. 4. The applicant must commence the authorized subdivision within one year of the date on which the variance is issued. After one year, the approvals issued under the provisions of the Section shall expire without further action by the Planning Commission or Board. 5. The applicant shall record the variance with Washington County within one year of the date when the variance is approved by the City. 6. The applicant shall secure all applicable permits required from watersheds and other local, state, and federal entities. 7. The applicant shall pay all other fees and escrows associated with this application. RECOMMENDATION The Planning Commission recommends: Motion to approve the attached resolutions, 02-18-25-01 and 02-18-25-02, to approve variances to allow for the subdivision of two lots which will result in nonconforming lots. As the applicant has not provided updated exhibits to show the 75-foot right-of-way on all lots, the recommended amendment to the resolutions from the Planning Commission has not been met. Staff recommends that the City Council table the item till the updated exhibits are received. Motion to table the application for two variances until updated documents have been submitted to the City that show the required 75-foot right-of-way required by the County. Attachments 1. Resolution 02-18-25-01 Approving a Variance to Allow a Subdivision Resulting in a Nonconforming Lot 2. Resolution 02-18-25-02 Approving a Variance to Allow a Subdivision Resulting in a Nonconforming Lot 3. 10830 180th Street North Certificate of Survey, submitted February 13, 2025 4. Planning Commission “to Subdivide Two Parcels into Nonconforming Lots for 10830 180th St N and 18180 Manning Trl N” Packet, dated February 4, 2025 CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 02-18-25-01 APPROVING A VARIANCE TO ALLOW A SUBDIVISION THAT WILL RESULT IN A NONCONFORMING LOT FOR PARCEL 3103220430002 LOCATED AT 18180 MANNING TRAIL NORTH WHEREAS, Steven Martinez (the “applicant”), on behalf of the owners Jeffrey & Sherri Nelson (“owners”), has requested and made an application for a variance to allow for a subdivision that would result in a nonconforming lot with 99.78 feet of lot frontage where 300 feet is required at 18180 Manning Trail North and the property legally described as. See Attachment A; and WHEREAS, the Planning Commission reviewed the variance request at a duly noticed Public Hearing on February 4, 2025, 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 variance to allow for a subdivision that would result in a nonconforming lot with 99.78 feet of lot frontage where 300 feet is required at 18180 Manning Trail North, based on the following findings: 1. The proposed subdivision would create two lots, one of which would continue as a single-family dwelling and the other would be a substation for an essential service, both of which are allowed uses. The reduced lot frontage does not impact the usability of the property and all parcels will have access to public right-of-way through the property to the east. 2. The circumstances are unique to the property and are due to the need for an essential service to establish a use on the southern half of the property. 3. If the variance were granted, it would not alter the essential character of the locality as the current and proposed uses are allowed uses in the Rural Residential General zoning district. 4. Economic conditions are not the sole factor in the variance. 5. The variance is not related to inadequate access to direct sunlight for solar energy systems. 6. The proposed variance will not impair adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. 7. The requested variance is the minimum action required to eliminate the practical difficulty as the preferred minimum action of lot combination is impossible due to the parcels being prohibited from being combined due to the separate taxing districts. FURTHER BE IT RESOLVED that the following conditions of approval shall be met: 1. Approval is contingent upon the approval of Resolution Resolution 02-18-25-02 Approving a Variance to Allow a Subdivision that will Result in a Nonconforming Lot for Parcel 3103220430002 Located at 18180 Manning Trail North. 2. No subdivision of property is approved with this Resolution. 3. The applicant must commence the authorized subdivision within one year of the date on which the variance is issued. After one year, the approvals issued under the provisions of the Section shall expire without further action by the Planning Commission or Board. 4. The applicant shall record the variance with Washington County within one year of the date when the variance is approved by the City. 5. The applicant shall secure all applicable permits required from watersheds and other local, state, and federal entities. 6. The applicant shall pay all other fees and escrows associated with this application. Whereupon, said Resolution is hereby declared adopted on this 18th day of February 2025. Mike Lubke, Acting Mayor ATTEST: Kyle Morell, City Administrator Attachment A That part of the Southeast Quarter of the Southwest Quarter of Section 31, Township 32 North, Range 20 West, Washington County, Minnesota, lying east of the West 400.00 feet and south of the North 300.00 feet thereof, EXCEPTING therefrom the following described tract: The South 481.00 feet of that part of the Southeast Quarter of the Southwest Quarter of Section 31, Township 32 North, Range 20 West, Washington County, Minnesota, lying east of the West 852.00 feet thereof. Together with a perpetual and irrevocable easement for access to Big Marine Lake over Lots One (1) and Nine (9), Block Four (4), Bliss Plat First Division, according to the plat on file and of record in the office of the Registrar of Titles in and for Washington County, Minnesota. Recorded as Certificate of Title per Book: 185, Page: 315 in the Office of the County Recorder, Washington County, Minnesota. CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 02-18-25-02 APPROVING A VARIANCE TO ALLOW A SUBDIVISION THAT WILL RESULT IN A NONCONFORMING LOT FOR PARCEL 3103220340005 LOCATED AT 10830 180TH STREET NORTH WHEREAS, Steven Martinez (the “applicant”), on behalf of the owners Heather M Baker (“owner”), has requested and made an application for a variance to allow for a subdivision that would result in a nonconforming lot with a lot size of 0.005 acres where 2.00 acres are required, with a buildable area of 0.00 acres where 1.00 acres is required, and a nonconforming lot frontage of 34.31 feet where 160 feet is required at 10830 180th Street North and the property legally described as. See Attachment A; and WHEREAS, the Planning Commission reviewed the variance request at a duly noticed Public Hearing on February 4, 2025, and recommended that the City Council approve the request, with one amendment; 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 variance to allow for a subdivision that would result in a nonconforming lot with a lot size of 0.005 acres where 2.00 acres are required, with a buildable area of 0.00 acres where 1.00 acres is required, and a nonconforming lot frontage of 34.31 feet where 160 feet is required at 10830 180th Street North, based on the following findings: 1. The proposed subdivision would create two lots one of which would continue as a single- family dwelling and the other would be undevelopable. The undevelopable parcel is currently encumbered by an access easement and will serve as access to the property to the west which is required for the property. 2. The circumstances are unique to the property as access is only available to the property to the west through the proposed nonconforming lot. 3. If the variance were granted, it would not alter the essential character of the locality as the current uses are allowed uses in the Rural Residential General zoning district and no changes are proposed to the parcels. 4. Economic conditions are not the sole factor in the variance. 5. The variance is not related to inadequate access to direct sunlight for solar energy systems. 6. The proposed variance will not impair adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. 7. The requested variance is the minimum action required to eliminate the practical difficulty as the preferred minimum action of lot combination is impossible due to the parcels being prohibited from being combined due to the separate taxing districts. FURTHER BE IT RESOLVED that the following conditions of approval shall be met: 1. Approval of is contingent upon the approval of Resolution 02-18-25-01 Approving a Variance to Allow a Subdivision that will Result in a Nonconforming Lot for Parcel 3103220340005 Located at 10830 180th Street North). 2. No subdivision of property is approved with this Resolution . 3. When the property is subdivided, the property described in Attachment B shall have a deed restriction recorded against the property that: a. Requires that the 0.01-acre parcel be prohibited to be sold separately from the parcel with the legal description in Attachment C. b. Restricts development of the property and states that the 0.01-acre parcel is undevelopable. 4. The applicant must commence the authorized subdivision within one year of the date on which the variance is issued. After one year, the approvals issued under the provisions of the Section shall expire without further action by the Planning Commission or Board. 5. The applicant shall record the variance with Washington County within one year of the date when the variance is approved by the City. 6. The applicant shall secure all applicable permits required from watersheds and other local, state, and federal entities. 7. The applicant shall pay all other fees and escrows associated with this application. Whereupon, said Resolution is hereby declared adopted on this 18th day of February 2025. Mike Lubke, Acting Mayor ATTEST: Kyle Morell, City Administrator Attachment A That part of the Southwest Quarter of the Southeast Quarter (SW 1/4 of SE 1/4) of Section Thirty-one (31), Township Thirty-two (32) North, Range Twenty (20) West, Washington County, Minnesota lying West of County Road No. 15. Recorded as Warranty Deed per Document Number 4056223 in the Office of the County Recorder, Washington County, Minnesota. Attachment B The North 500.00 feet of the Southwest Quarter of the Southeast Quarter (SW 1/4 of SE 1/4) of Section Thirty-one (31), Township Thirty-two (32) North, Range Twenty (20) West, Washington County, Minnesota lying West of the westerly line of County Road No. 15, which is described as being 75 feet westerly and parallel with the centerline of said County Road No. 15. Attachment C That part of the Southeast Quarter of the Southwest Quarter of Section 31, Township 32 North, Range 20 West, Washington County, Minnesota, lying east of the West 400.00 feet and south of the North 300.00 feet thereof, EXCEPTING therefrom the following described tracts: The South 481.00 feet of that part of the Southeast Quarter of the Southwest Quarter of Section 31, Township 32 North, Range 20 West, Washington County, Minnesota, lying east of the West 852.00 feet thereof. The South 314.50 feet of that part of the Southeast Quarter of the Southwest Quarter of Section 31, Township 32 North, Range 20 West, Washington County, Minnesota. Together with a perpetual and irrevocable easement for access to Big Marine Lake over Lots One (1) and Nine (9), Block Four (4), Bliss First Division, according to the plat on file and of record in the office of the Registrar of Titles in and for Washington County, Minnesota. Date of Meeting: February 4, 2025 To: Chair Loeffler and Planning Commission Members From: TJ Hofer, Consultant City Planner Re: Variance to Subdivide Two Parcels into Nonconforming Lots for 10830 180th St N and 18180 Manning Trl N Applicant Steven Martinez Northern Natural Gas Zoning: RR-G Owner: Jeffrey & Sherri Nelson Heather M Baker Future Land Use: General Rural Location: 18180 Manning Trl N PID 3103220430002 10830 180th St N PID 3103220340005 Review Deadline October 28, 2024 The applicant is requesting approval of a variance to allow two subdivisions that would result in nonconforming lots. The current request only includes the variance and not the subdivision as the applicant would likely not move forward with the subdivision if the variances were denied. The subdivision of 18180 Manning Trl N (Parcel A) is required as Northern Natural Gas (NNG) is proposing to construct an odorizer station on the southern portion of the parcel and the owner has stated they are not interested in leasing the land. The subdivision of Parcel A would result in the northern lot no longer having frontage along a public right-of-way, creating a nonconformity. NNG is proposing to purchase a portion of 10830 180th St N (Parcel B) where an access easement currently exists for Parcel A. BACKGROUND The applicant is requesting approval for a variance to subdivide Parcel A to construct an odorization station on the southern portion of the parcel. The owner of Parcel A has informed NNG that they prefer to sell the land rather than lease it. While NNG could acquire the land through eminent domain, they are working with the property owner to maintain access to the parcel and minimize nonconformities. Currently, Parcel A is accessed via an easement recorded against Parcel B. Parcel A's subdivision would result in the northern lot losing frontage along a public right-of-way, creating a nonconformity. NNG proposes to purchase a portion of Parcel B, where the access easement for Parcel A exists. Existing Conditions Parcel A The existing lot is a conforming lot in the Rural Residential General (RR-G) base zoning district and a portion of the parcel in the Shoreland Management Overlay District (SM-O). The relevant standards are detailed below: Table 1. Dimensional Standards - 18180 Manning Trl N (Parcel A) RR-G SM-O Existing Conditions Minimum Lot Size (ac.) 2 2.5 15.68 Buildable Area (ac.) 1 N/A Unknown Minimum Lot Width (ft.) N/A 160 452.69 Lot Frontage (ft.) (180th) 300 N/A 452.69 Principal Structure Setbacks (ft.) Front (Manning) 150 N/A >40 Side 20 N/A >20 Rear 50 N/A >50 Based on survey submitted by the applicant, the lot appears to be conforming. Structures on the lot have not been reviewed for conformity. Parcel B The existing lot is a conforming lot in the Rural Residential General (RR-G) base zoning district and a portion of the parcel in the Shoreland Management Overlay District (SM-O). The relevant standards are detailed below: Table 2. Dimensional Standards - 10830 180th St N (Parcel B) RR-G SM-O Existing Conditions Minimum Lot Size (ac.) 2 2.5 7.61 Buildable Area (ac.) 1 N/A Unknown Minimum Lot Width (ft.) N/A 160 ~606 Lot Frontage (ft.) (180th) 300 N/A 700.33 Principal Structure Setbacks (ft.) Front (Manning) 150 >40 >40 Side 20 >20 >20 Rear 50 >50 >50 Based on survey submitted by the applicant, the lot appears to be conforming. Structures on the lot have not been reviewed for conformity. EVALUATION OF REQUEST Proposed Conditions Parcel A The applicant is proposing to subdivide Parcel A into two lots, Parcel 1 and Parcel 2. This subdivision would result in Parcel 2 having zero feet of lot frontage along Manning Trail, as the current frontage along 180th St N would be entirely along Parcel 1. Parcel 2 will have approximately 99.78 ft. of frontage along Manning assuming the prescriptive easement that is appliable to Manning. The City has historically considered the prescriptive easement when reviewing lot frontage as the definition of frontage in the Unified Development Code is, “That boundary of a lot that abuts a public street or private road.” Without considering the prescriptive easement, the proposed Parcel 2, Parcel A, does not have any frontage along a public street or private road. The relevant dimensional standards are detailed below. Where the parcel or structures are nonconforming is shown in bold text. Where the nonconformities are proposed are shown in bold underlined text: Table 3. Proposed Dimensional Standards - 18180 Manning Trl N (Parcel A) RR-G SM-O Proposed Conditions Parcel 1, Parcel A Parcel 2, Parcel A Minimum Lot Size (ac.) 2 2.5 3.26 12.41 Buildable Area (ac.) 1 N/A >1.00 Unknown Minimum Lot Width (ft.) N/A 160 452.69 352.31 Lot Frontage (ft.) 300 N/A 452.69 0.00 (99.78) Setbacks (ft.) (min.) Front 40 N/A N/A ~642 (Manning) Side 10 N/A N/A ~223 Rear 50 100 N/A ~237 Parcel B The applicant is also proposing to subdivide Parcel B into two lots, Parcel 1 and Parcel 2. Parcel 1, Parcel B is proposed as a 0.29-acre lot, which would be nonconforming as the minimum lot size in the RR-G is two acres. The lot would also be nonconforming from not having a minimum of 1-acre of buildable area. Parcel 1, Parcel B would serve as access to Manning for Parcel 2, Parcel A, where the access easement currently exists. The applicant is proposing that a deed restriction would be recorded against Parcel 1, Parcel B stating that the parcel cannot be sold separately from Parcel 2, Parcel A. The relevant dimensional standards are detailed below. Where the parcel or structures are nonconforming is shown in bold text. Where the nonconformities are proposed are shown in bold underlined text: Table 4. Proposed Dimensional Standards - 10830 180th St N (Parcel B) RR-G SM-O Proposed Conditions Parcel 1, Parcel B Parcel 2, Parcel B Minimum Lot Size (ac.) 2 2.5 0.29 7.32 Buildable Area (ac.) 1 N/A N/A Unknown Minimum Lot Width (ft.) N/A 160 N/A, See note 352.31 Lot Frontage (ft.) 300 N/A 415.42 700.33 Setbacks (ft.) (min.) Front 40 N/A N/A ~91 (180th) Side 10 N/A N/A ~96 Rear 50 N/A N/A ~609 Typically, in this scenario, the City would require the nonconforming parcels proposed to be under common ownership be combined, however, in this instance the proposed properties are in separate watershed districts. Since watershed districts are taxing entities, the parcels cannot be combined. The final orientation of the lots will result in the owners of Parcel A owning a separate parcel that guarantees access to Manning. 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 have drafted two separate resolutions for the approvals to keep the documentation for the properties orderly, however, in the following section, the findings are presented together with a space separating them. These are also labeled, but the label is not included with the recommended finding. 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. Parcel A: The proposed subdivision would create two lots, one of which would continue as a single-family dwelling and the other would be a substation for an essential service, both of which are allowed uses. The reduced lot frontage does not impact the usability of the property and all parcels will have access to public right-of-way through the property to the east. Parcel B: The proposed subdivision would create two lots, one of which would continue as a single-family dwelling and the other would be undevelopable. The undevelopable parcel is currently encumbered by an access easement and will serve as access to the property to the west which is required for the property. b. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Parcel A: The circumstances are unique to the property and are due to the need for an essential service to establish a use on the southern half of the property. Parcel B: The circumstances are unique to the property as access is only available to the property to the west through the proposed nonconforming lot. c. The variance, if granted, will not alter the essential character of the locality. Parcel A: If the variance were granted, it would not alter the essential character of the locality as the current and proposed uses are allowed uses in the Rural Residential General zoning district. Parcel B: If the variance were granted, it would not alter the essential character of the locality as the current uses are allowed uses in the Rural Residential General zoning district and no changes are proposed to the parcels. . d. Economic conditions alone shall not constitute practical difficulties. Parcel A: Economic conditions are not the sole factor in the variance. Parcel B: Economic conditions are not the sole factor in the variance. e. May include, but is not limited to, inadequate access to direct sunlight for solar energy systems. Parcel A: The variance is not related to inadequate access to direct sunlight for solar energy systems. Parcel B: 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. Parcel A: 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. Parcel B: The proposed variance will not impair adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. g. The requested variance is the minimum action required to eliminate the practical difficulty. Parcel A: The requested variance is the minimum action required to eliminate the practical difficulty as the preferred minimum action of lot combination is impossible due to the parcels being prohibited from being combined due to the separate taxing districts. Parcel B: The requested variance is the minimum action required to eliminate the practical difficulty as the preferred minimum action of lot combination is impossible due to the parcels being prohibited from being combined due to the separate taxing districts. ANALYSIS Review Comments The submittal was sent to city staff and other regulatory agencies for review and comment. Comments from other entities have been incorporated into the conditions for approval. Carnelian-Marine-St. Croix Watershed District The Carnelian-Marine-St. Croix Watershed District did not provide comment at the time of writing this report. Rice Creek Watershed District The Rice Creek Watershed District (RCWD) stated they did not have any concerns, however the subdivision of the property would require watershed permit and recommend the applicant reach out to RCWD. Department of Natural Resources The DNR Area Hydrologist did not provide comments at the time of writing this report. Engineering Department The City Engineer did not provide comments at the time of writing this report. Fire Department The Fire Chief did not provide comments at the time of writing this report. Public Works Department The Public Works Director did not provide comments at the time of writing this report. Staff Analysis Staff finds that the proposed variance is consistent with the UDC and the Comprehensive Plan. The application meets the standards for a practical difficulty and the preferred minimal alternative is impossible due to restraints on the ability to combine the proposed nonconforming lots. COMMISSION ACTION The Planning Commission can do one of the following: 1. Recommend approval, with or without conditions, of the attached ordinance and resolutions. 2. Recommend denial, with findings, of the attached ordinance and resolutions. 3. Table the request for further review/study. Staff recommends that the Planning Commission recommend approval of the proposed variances, subject to the following findings detailed in the staff report and the following conditions: Parcel A: 1. Approval of is contingent upon the approval of Resolution 02-28-25-XX (Parcel B). 2. No subdivision of property is approved with this Resolution . 3. The applicant must commence the authorized subdivision within one year of the date on which the variance is issued. After one year, the approvals issued under the provisions of the Section shall expire without further action by the Planning Commission or Board. 4. The applicant shall record the variance with Washington County within one year of the date when the variance is approved by the City. 5. The applicant shall secure all applicable permits required from watersheds, local, state, and federal entities. 6. The applicant shall pay all other fees and escrows associated with this application. Parcel B: 1. Approval of is contingent upon the approval of Resolution 02-28-25-YY (Parcel A). 2. No subdivision of property is approved with this Resolution . 3. The applicant must commence the authorized subdivision within one year of the date on which the variance is issued. After one year, the approvals issued under the provisions of the Section shall expire without further action by the Planning Commission or Board. 4. The applicant shall record the variance with Washington County within one year of the date when the variance is approved by the City. 5. The applicant shall secure all applicable permits required from watersheds, local, state, and federal entities. 6. The applicant shall pay all other fees and escrows associated with this application. RECOMMENDATION Staff recommends the Planning Commission: Motion to recommend approval of the attached resolutions to approve variances to allow for the subdivision of two lots which will result in nonconforming lots. Attachments 1. Draft Resolution 02-18-25-XX Approving a Variance to Allow for a Subdivision Resulting in a Nonconforming Lot (Parcel A) 2. Draft Resolution 02-18-25-YY Approving a Variance to Allow for a Subdivision Resulting in a Nonconforming Lot (Parcel B) 3. Location and Zoning Map 4. Watershed Map 5. Application 6. Narrative 7. Survey Exhibits 8. Comments from RCWD, dated January 22, 2025 9. Comments from Washington County, dated January 28, 2025 CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 02-18-25-XX APPROVING A VARIANCE TO ALLOW A SUBDIVISION THAT WILL RESULT IN A NONCONFORMING LOT FOR PARCEL 3103220430002 LOCATED AT 18180 MANNING TRAIL NORTH WHEREAS, Steven Martinez (the “applicant”), on behalf of the owners Jeffrey & Sherri Nelson (“owners”), has requested and made an application for a variance to allow for a subdivision that would result in a nonconforming lot with 0.00 feet/99.78 feet of lot frontage where 300 feet is required at 18180 Manning Trail North and the property legally described as. See Attachment A; and WHEREAS, the Planning Commission reviewed the variance request at a duly noticed Public Hearing on February 4, 2025, 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 variance to allow for a subdivision that would result in a nonconforming lot with 0.00 feet/99.78 feet of lot frontage where 300 feet is required at 18180 Manning Trail North, based on the following findings: 1. The proposed subdivision would create two lots, one of which would continue as a single-family dwelling and the other would be a substation for an essential service, both of which are allowed uses. The reduced lot frontage does not impact the usability of the property and all parcels will have access to public right-of-way through the property to the east. 2. The circumstances are unique to the property and are due to the need for an essential service to establish a use on the southern half of the property. 3. If the variance were granted, it would not alter the essential character of the locality as the current and proposed uses are allowed uses in the Rural Residential General zoning district. 4. Economic conditions are not the sole factor in the variance. 5. The variance is not related to inadequate access to direct sunlight for solar energy systems. 6. The proposed variance will not impair adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. 7. The requested variance is the minimum action required to eliminate the practical difficulty as the preferred minimum action of lot combination is impossible due to the parcels being prohibited from being combined due to the separate taxing districts. FURTHER BE IT RESOLVED that the following conditions of approval shall be met: 1. Approval of is contingent upon the approval of Resolution 02-28-25-YY (Parcel B). 2. No subdivision of property is approved with this Resolution . 3. The applicant must commence the authorized subdivision within one year of the date on which the variance is issued. After one year, the approvals issued under the provisions of the Section shall expire without further action by the Planning Commission or Board. 4. The applicant shall record the variance with Washington County within one year of the date when the variance is approved by the City. 5. The applicant shall secure all applicable permits required from watersheds, local, state, and federal entities. 6. The applicant shall pay all other fees and escrows associated with this application. Whereupon, said Resolution is hereby declared adopted on this 18th day of February 2025. Steve Kronmiller, Mayor ATTEST: Kyle Morell, City Administrator Attachment A That part of the Southeast Quarter of the Southwest Quarter of Section 31, Township 32 North, Range 20 West, Washington County, Minnesota, lying east of the West 400.00 feet and south of the North 300.00 feet thereof, EXCEPTING therefrom the following described tract: The South 481.00 feet of that part of the Southeast Quarter of the Southwest Quarter of Section 31, Township 32 North, Range 20 West, Washington County, Minnesota, lying east of the West 852.00 feet thereof. Together with a perpetual and irrevocable easement for access to Big Marine Lake over Lots One (1) and Nine (9), Block Four (4), Bliss Plat First Division, according to the plat on file and of record in the office of the Registrar of Titles in and for Washington County, Minnesota. Recorded as Certificate of Title per Book: 185, Page: 315 in the Office of the County Recorder, Washington County, Minnesota. CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 02-18-25-YY APPROVING A VARIANCE TO ALLOW A SUBDIVISION THAT WILL RESULT IN A NONCONFORMING LOT FOR PARCEL 3103220340005 LOCATED AT 10830 180TH STREET NORTH WHEREAS, Steven Martinez (the “applicant”), on behalf of the owners Heather M Baker (“owner”), has requested and made an application for a variance to allow for a subdivision that would result in a nonconforming lot with a lot size of 0.29 acres where 2.00 acres are required and with a buildable area of 0.00 acres where 1.00 acres is required at 10830 180th Street North and the property legally described as. See Attachment A; and WHEREAS, the Planning Commission reviewed the variance request at a duly noticed Public Hearing on February 4, 2025, 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 variance to allow for a subdivision that would result in a nonconforming lot with a lot size of 0.29 acres where 2.00 acres are required and with a buildable area of 0.00 acres where 1.00 acres is required at 10830 180th Street North, based on the following findings: 1. The proposed subdivision would create two lots one of which would continue as a single- family dwelling and the other would be undevelopable. The undevelopable parcel is currently encumbered by an access easement and will serve as access to the property to the west which is required for the property. 2. The circumstances are unique to the property as access is only available to the property to the west through the proposed nonconforming lot. 3. If the variance were granted, it would not alter the essential character of the locality as the current uses are allowed uses in the Rural Residential General zoning district and no changes are proposed to the parcels. 4. Economic conditions are not the sole factor in the variance. 5. The variance is not related to inadequate access to direct sunlight for solar energy systems. 6. The proposed variance will not impair adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. 7. The requested variance is the minimum action required to eliminate the practical difficulty as the preferred minimum action of lot combination is impossible due to the parcels being prohibited from being combined due to the separate taxing districts. FURTHER BE IT RESOLVED that the following conditions of approval shall be met: 1. Approval of is contingent upon the approval of Resolution 02-28-25-XX (Parcel A). 2. No subdivision of property is approved with this Resolution . 3. When the property is subdivided, the property described in Attachment B shall have a deed restriction recorded against the property that: a. Requires that the 0.29-acre parcel be prohibited to be sold separate from the parcel with the legal description in Attachment C. b. Restricts development of the property and states that the 0.29-acre parcel is undevelopable. 4. The applicant must commence the authorized subdivision within one year of the date on which the variance is issued. After one year, the approvals issued under the provisions of the Section shall expire without further action by the Planning Commission or Board. 5. The applicant shall record the variance with Washington County within one year of the date when the variance is approved by the City. 6. The applicant shall secure all applicable permits required from watersheds, local, state, and federal entities. 7. The applicant shall pay all other fees and escrows associated with this application. Whereupon, said Resolution is hereby declared adopted on this 18th day of February 2025. Steve Kronmiller, Mayor ATTEST: Kyle Morell, City Administrator Attachment A That part of the Southwest Quarter of the Southeast Quarter (SW 1/4 of SE 1/4) of Section Thirty-one (31), Township Thirty-two (32) North, Range Twenty (20) West, Washington County, Minnesota lying West of County Road No. 15. Recorded as Warranty Deed per Document Number 4056223 in the Office of the County Recorder, Washington County, Minnesota. Attachment B The North 500.00 feet of the Southwest Quarter of the Southeast Quarter (SW 1/4 of SE 1/4) of section Thirty-one (31), Township Thirty-two (32) North, Range Twenty (20) West, Washington County, Minnesota lying West of County Road No. 15. Attachment B That part of the Southeast Quarter of the Southwest Quarter of Section 31, Township 32 North, Range 20 West, Washington County, Minnesota, lying east of the West 400.00 feet and south of the North 300.00 feet thereof, EXCEPTING therefrom the following described tracts: The South 481.00 feet of that part of the Southeast Quarter of the Southwest Quarter of Section 31, Township 32 North, Range 20 West, Washington County, Minnesota, lying east of the West 852.00 feet thereof. The South 314.50 feet of that part of the Southeast Quarter of the Southwest Quarter of Section 31, Township 32 North, Range 20 West, Washington County, Minnesota. Together with a perpetual and irrevocable easement for access to Big Marine Lake over Lots One (1) and Nine (9), Block Four (4), Bliss First Division, according to the plat on file and of record in the office of the Registrar of Titles in and for Washington County, Minnesota. 37 6.2 © Bolton & Menk, Inc - Web GIS 0 Legend Location and Zoning Map This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information, and data located in various city, county, and state offices, and other sources affecting the area shown, and is to be used for reference purposes only. The City of Scandia is not responsible for any inaccuracies herein contained. Disclaimer: 1/17/2025 11:19 AM 263 Feet City Limits Parcels 10/24/2024 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 MNWASH24_Property_492888E99528N.sid Red: Band_1 Green: Band_2 Blue: Band_3 MNWASH24_Property_458568E231528N.sid Red: Band_1 Green: Band_2 Blue: Band_3 MNWASH24_Property_458568E199848N.sid Red: Band_1 Green: Band_2 Blue: Band_3 MNWASH24_Property_458568E170808N.sid Red: Band_1 Green: Band_2 Blue: Band_3 37 6.2 © Bolton & Menk, Inc - Web GIS 0 Legend Watershed Map This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information, and data located in various city, county, and state offices, and other sources affecting the area shown, and is to be used for reference purposes only. The City of Scandia is not responsible for any inaccuracies herein contained. Disclaimer: 1/17/2025 11:22 AM 263 Feet City Limits Parcels 10/24/2024 Lot Lines Parks Watersheds Carnelian Comfort Lake - Forest Lake Rice Creek 1 TJ Hofer From:William Roach <wroach@ricecreek.org> Sent:Wednesday, January 22, 2025 2:30 PM To:TJ Hofer Subject:RE: NNG Variance (PIDs 3103220340005 & 3103220430002) Follow Up Flag:Follow up Flag Status:Completed Hi TJ, Thank you for looping in the RCWD on this project. I have shared and discussed your email from Friday with our regulatory staff members and per that discussion as no land disturbing work is proposed with the variance, at this Ɵme the RCWD does not have any concerns. However, an RCWD permit will be needed for the subdivision of Property A as it is a parcel greater than one acre and as such, I would recommend that the applicants reach out to our regulatory team to discuss permiƫng requirements. If you have any quesƟons, please let me know. Thank You, Will Roach Watershed Technician/Inspector 4325 Pheasant Ridge Dr. NE #611 Blaine, MN 55449 Direct: (763)398-3085 Cell: (763)760-4955 wroach@ricecreek.org 1 TJ Hofer From:Daniel Elder <Daniel.Elder@washingtoncountymn.gov> Sent:Tuesday, January 28, 2025 11:35 AM To:TJ Hofer Subject:NNG Variance Hello TJ, Regarding the variance application, the County has the following comments: 1. Dedication of 75 feet of right-of-way from the Centerline when subdividing. 2. The resident should maintain an access easement to 180th. 3. No additional access to Manning would be approved. Daniel Elder | Planner II Washington County Public Works Department 11660 Myeron Road North, Stillwater, MN 55082 Office: 651-430-4307 ------------------------------------------------------------------------------------------------------- Notice of Email Domain Name Change  Note that this email address has changed to @washingtoncountymn.gov. Please update your contacts  Washington County is in the process of changing employee email addresses from co.washington.mn.us to washingtoncountymn.gov