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05.a Johnson Variance - PC Packet Date of Meeting: April 1, 2025 To: Chair Loeffler and Planning Commission Members From: TJ Hofer, Consultant City Planner Re: Variance from the OHWL Setback of a Recreational Development Lake for PID 0503220430015 Applicant Rick Johnson Zoning: RR-N, SM-O Owner: Rick Johnson Future Land Use: General Rural Location: 23261 Lofton Court North PID 0503220430015 Review Deadline April 22, 2025 The applicant is requesting approval of a variance from the ordinary high-water setback of a recreational development lake to expand a nonconforming setback and construct a deck on an existing legally nonconforming single-family dwelling. BACKGROUND The applicant is requesting approval of a variance to allow the construction of a deck at 23261 Lofton Ct N (subject property). The existing site includes a legal nonconforming single-family dwelling and a nonconforming accessory structure that is approximately 120 sq. ft. The subject property is currently zoned Rural Residential Neighborhood (RR-N) and is within the Shoreland Management Overlay District (SM-O) and guided as General Rural. The site was issued a variance in 1982 and another variance on May 12, 1992. The original variance in 1982 allowed for the construction of a single-family dwelling and detached garage. The findings of fact included in the approval do not state the direct reason as to why the variance was granted, but the minutes of the meeting and submitted documents appear to reflect that the septic system for the home appears to take up a majority of the southwest of the lot (between the existing dwelling and the street). The buildings allowed with the 1982 variance have been demolished. The current structure was approved with the variance in 1992. The current location of the single- family dwelling and garage were proposed in the footprint of the previous structure with expansion laterally along the plane of the established legal nonconformity and further back towards the street. At this time a new septic system had been installed and due to the position of the new home, one of the existing septic tanks would not meet the 10 ft. setback from the current structure. The approval reflects a conclusion that a hardship was established under the Washington County Shoreland Management Ordinance based on the proposed use being reasonable and not altering the essential character of the neighborhood. The following conditions were included in the 1992 approval: 1. The septic tank be moved to meet the 10 foot building setback requirement. 2. All existing buildings to be removed before occupying the new residence. 3. The window in the walkout basement is to be located in such a way that only one bedroom could be legally located in the walkout basement. 4. The existing cabin and any other structures shall be removed from the lot prior to occupancy of the new home. EVALUATION OF REQUEST Existing Conditions The existing lot is a legally nonconforming lot in the Rural Residential Neighborhood (RR-N) base zoning district, the Shoreland Management Overlay District (SM-O), and the General Floodplain Overlay District (FP-O). The relevant standards are detailed below, existing nonconformities are in bold. Table 1. Existing Dimensional Standards RR-N SM-O Existing Conditions Minimum Lot Size (ac.) 2 2.5 0.47 (Existing Lot of Record) 0.92 N/A N/A Buildable Area (ac.) 1 N/A Unknown Minimum Lot Width (ft.) 150 160 99.65 Lot Frontage (ft.) (less than 2.0 acres) 100 N/A 100 Principal Structure Setbacks (ft.) Front 40 N/A 81.93 Side 10 N/A 12.04 Rear 50 N/A N/A OHWL 100 100 75.3 Accessory Structure Setbacks (ft.) (minimum across all structures) Front 40 N/A 32.53 Side 20 N/A 2.71 Rear 50 N/A N/A OHWL 100 100 167.22 Maximum Lot Coverage 25% 25% 21.2% RR-N SM-O Existing Conditions Accessory Structure Location Outside all setbacks, not between lake and dwelling N/A Nonconforming with setback, location complies Accessory Structure Height (ft.) 35, but not taller than Principal Structure 35 Unknown Total Accessory Structure Area (sq. ft) 1,000 N/A 120 The existing legally nonconforming single-family dwelling encroaches into the OHWL setback by approximately 24.7 ft. The nonconforming accessory structure on the site is located between the street and the principal dwelling and is nonconforming based on the street setback (front setback) and side yard setback. The lot is also nonconforming, in lot area and minimum lot width. It can be inferred that the lot is also nonconforming for buildable area, as the lot is smaller than the required area. Proposed Conditions The applicant is proposing to construct a deck on the northeastern side of the existing dwelling (lakeward side). The relevant standards are detailed below, new or increased nonconformities are shown in bold and underlined: Table 2. Proposed Dimensional Standards RR-N SM-O Proposed Conditions Minimum Lot Size (ac.) 2 2.5 0.47 (Existing Lot of Record) 0.92 N/A N/A Buildable Area (ac.) 1 N/A Unknown Minimum Lot Width (ft.) 150 160 99.65 Lot Frontage (ft.) (less than 2.0 acres) 100 N/A 100 Principal Structure Setbacks (ft.) Front 40 N/A 81.93 Side 10 N/A 12.04 Rear 50 N/A N/A OHWL 100 100 67.4 Accessory Structure Setbacks (ft.) (minimum across all structures) Front 40 N/A 32.53 Side 20 N/A 2.71 Rear 50 N/A N/A OHWL 100 100 167.22 Maximum Lot Coverage 25% 25% 21.9% RR-N SM-O Proposed Conditions Accessory Structure Location Outside all setbacks, not between lake and dwelling N/A Nonconforming with setback, location complies Accessory Structure Height (ft.) 35, but not taller than Principal Structure 35 Unknown Total Accessory Structure Area (sq. ft) 1,000 N/A 120 The proposed deck would increase the encroachment into the setback of the ordinary high water level by 7.9 ft. The proposed changes would also increase the amount of impervious surface on the lot, but the impervious surface would still be under the maximum of 25% coverage. 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 of a deck accessory to a single-family dwelling is a reasonable use for the zoning districts; however, the addition of a deck would increase an existing nonconformity by further encroaching into the ordinary high water level setback. The 2040 Comprehensive Plan establishes environmental stewardship as a priority for the City of Scandia and because of this, allowing further encroachment into the ordinary high water level setback is not reasonable. b. The plight of the landowner is due to circumstances unique to the property not created by the landowner. The circumstances are not unique to the property and are created by the landowner. With the approval of the previous variance, with the same applicant, in 1992 and the construction of the existing dwelling, the applicant maximized the area on the lot which could be developed based on the constraints of the nonconformity established with the approval of the 1983 variance and the need for the septic system on the site. The need to accommodate a septic system is not unique to the property and must be addressed by all lots within the city that are not connected to a city-owned sewer utility. 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 as it is a reasonable use and reflects the purpose of the Rural Residential Neighborhood zoning district. d. Economic conditions alone shall not constitute practical difficulties. 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. 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, substantially increase the congestion of the public streets, increase the danger of fire, 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. The practical difficulty existing on the lot was addressed with the approval of the variance requested by the applicant for the construction of the dwelling in 1992. The structure approved with that variance maximized the area on the lot which could be developed based on the constraints of the nonconformity established with the approval of the 1983 variance and the need for the septic system on the site. The additional deck would increase nonconformity where no practical difficulty exists that has not already been mitigated. An alternative exists on the north side of the property where a deck could be constructed in the side yard along the plane of the existing legal nonconformity. The current structure is setback approximately 27.29 feet from the side lot line, which would allow for up to approximately 17 feet of deck parallel to the shoreline. 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. Comfort Lake Forest Lake Watershed District The Comfort Lake Forest Lake Watershed District (CLFLWD) stated they would need additional information regarding the proposed deck. The email from CLFLWD is attached. Department of Natural Resources The DNR Area Hydrologist provided no comment. Engineering Department The City Engineer stated the site shall install erosion control between the house and the top of the steep slope and all work shall be approved by all relevant permitting agencies involved. Fire Department The Fire Chief provided no comment. Public Works Department The Public Works Director provided no comment. Staff Analysis Staff finds that the proposed variance is inconsistent with the UDC and the Comprehensive Plan. The Comprehensive Plan prioritizes environmental stewardship on lakeside lots. Increasing the encroachment into the OHWL setback does not align with the goal of environmental stewardship. Staff acknowledges that a practical difficulty exists on the site based on the size of the lot and restraints created by the need for a septic system, but staff believes that the practical difficulty was addressed with the approval of the variance in 1983 and subsequent variance in 1992. Additionally, the need for a septic system is not unique and must be addressed by all lots within the city that are not connected to a city-owned sewer utility. No unique circumstances exist on the lot that are not caused by the landowner. The variance requested by the applicant in 1992 allowed for a structure that stretched the length of the lot from the septic setback to the nonconforming OHWL setback, leaving no additional room for a deck to be installed without a variance. Additionally, an alternative location exists where a deck could be constructed that does not require a variance. An administrative permit could be approved to allow for construction of a deck on the north side of the property that is an expansion of the existing legal nonconformity. Staff does note that stairs or landings for stairs on decks are not allowed to encroach into the OHWL setback but are allowed to encroach into the side yard setback by up to four feet. 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. RECOMMENDATION Staff recommends that the Planning Commission recommend denial of the proposed variance, subject to the following findings: 1. The proposed use of a deck accessory to a single-family dwelling is a reasonable use for the zoning districts; however, the addition of a deck would increase an existing nonconformity by further encroaching into the ordinary high water level setback. The 2040 Comprehensive Plan establishes environmental stewardship as a priority for the City of Scandia and because of this, allowing further encroachment into the ordinary high water level setback is not reasonable. 2. The circumstances are not unique to the property and are created by the landowner. With the approval of the previous variance, with the same applicant, in 1992 and the construction of the existing dwelling, the applicant maximized the area on the lot which could be developed based on the constraints of the nonconformity established with the approval of the 1983 variance and the need for the septic system on the site. The need to accommodate a septic system is not unique to the property and must be addressed by all lots within the city that are not connected to a city-owned sewer utility. 3. If the variance were granted, it would not alter the essential character of the locality as it is a reasonable use and reflects the purpose of the Rural Residential Neighborhood 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, substantially increase the congestion of the public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the neighborhood. 7. The practical difficulty existing on the lot was addressed with the approval of the variance requested by the applicant for the construction of the dwelling in 1992. The structure approved with that variance maximized the area on the lot which could be developed based on the constraints of the nonconformity established with the approval of the 1983 variance and the need for the septic system on the site. The additional deck would increase nonconformity where no practical difficulty exists that has not already been mitigated. An alternative exists on the north side of the property where a deck could be constructed in the side yard along the plane of the existing legal nonconformity. The current structure is setback approximately 27.29 feet from the side lot line, which would allow for up to approximately 17 feet of deck parallel to the shoreline. If the Planning Commission wishes to approve the request, findings need to be established that support the variance review criteria. Staff have prepared conditions of approval in the event the Planning Commission wishes to recommend approval: 1. The approved nonconforming deck shall not be allowed to expand through the process established in the UDC in Section 153.500.110 Subd. 3 (D) by an administrative permit. 2. The applicant shall remove or relocate the existing nonconforming accessory structure on the lot so as to make it conforming within one year of approval of this variance. 3. The applicant shall secure all applicable permits required from Comfort Lake Forest Lake Watershed District and all other local, state, and federal entities. 4. The applicant must commence the authorized use or improvement 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 Commissi on or Board. RECOMMENDATION Staff recommends the Planning Commission: Motion to recommend approval of the attached resolution to deny a variance to allow for the construction of a deck to increase an existing nonconformity and encroach into the ordinary high-water level. Attachments 1. Draft Resolution 04-15-25-XX Denying a Variance 2. Location and Zoning Map 3. Washington County Variance, dated November 15, 1983 4. Washington County Variance, dated May 28, 1992 5. Application 6. Comfort Lake Forest Lake Watershed District comments, dated February 24, 2025. CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 04-15-25-XX DENYING VARIANCES FOR AN ENCROACHMENT INTO THE ORDINARY HIGH WATER LEVEL SETBACK LOCATED AT PARCEL ID 05.032.20.43.0015 WHEREAS, Rick Johnson (the “applicant”), have made an application for a variance to increase an existing legal nonconformity from the ordinary high water level setback to allow a deck to encroach 32.4 feet into the 100 foot ordinary high water level setback of Bone Lake for on property identified as 23261 Lofton Court North, Scandia, Minnesota 55073, legally described as follows: Lot 9 of Sandgren Addition, according to the plat thereof on file and of record in the office of the Registrar of Titles, Washington County, Minnesota WHEREAS, Washington County approved and a variance on November 15, 1983, that allowed for a structure to be constructed and created a legal nonconformity that allowed a 25 foot encroachment into the 100 foot ordinary high water level setback on the property described above; and, WHEREAS, Washington County approved a variance on May 28, 1992, requested by the applicant that allowed for an existing structure to be demolished and the current structure to be constructed with the existing legal nonconforming 25 foot encroachment into the 100 foot ordinary high water level setback on the property described above; and WHEREAS, the Planning Commission reviewed the variance request at a duly noticed Public Hearing on April 1, 2025, and recommended that the City Council deny 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 deny the requested variances, based on the following findings: 1. The proposed use of a deck accessory to a single-family dwelling is a reasonable use for the zoning districts; however, the addition of a deck would increase an existing nonconformity by further encroaching into the ordinary high water level setback. The 2040 Comprehensive Plan establishes environmental stewardship as a priority for the City of Scandia and because of this, allowing further encroachment into the ordinary high water level setback is not reasonable. 2. The circumstances are not unique to the property and are created by the landowner. With the approval of the previous variance, with the same applicant, in 1992 and the construction of the existing dwelling, the applicant maximized the area on the lot which could be developed based on the constraints of the nonconformity established with the approval of the 1983 variance and the need for the septic system on the site. The need to accommodate a septic system is not unique to the property and must be addressed by all lots within the city that are not connected to a city-owned sewer utility. 3. If the variance were granted, it would not alter the essential character of the locality as it is a reasonable use and reflects the purpose of the Rural Residential Neighborhood 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, substantially increase the congestion of the public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the neighborhood. 7. The practical difficulty existing on the lot was addressed with the approval of the variance requested by the applicant for the construction of the dwelling in 1992. The structure approved with that variance maximized the area on the lot which could be developed based on the constraints of the nonconformity established with the approval of the 1983 variance and the need for the septic system on the site. The additional deck would increase nonconformity where no practical difficulty exists that has not already been mitigated. An alternative exists on the north side of the property where a deck could be constructed in the side yard along the plane of the existing legal nonconformity. The current structure is setback approximately 27.29 feet from the side lot line, which would allow for up to approximately 17 feet of deck parallel to the shoreline. Whereupon, said Resolution is hereby declared adopted on this 15th day of April 2025. Steve Kronmiller, Mayor ATTEST: Kyle Morell, City Administrator 1, 50 4.7© 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: 3/27/2025 9:50 PM 1,053 Feet Roads US Trunk Highway Minnesota Trunk Highway County Highway Local Roads Ramp City Limits 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 STATE OF MINNESOTA WASHINGTON COUNTY BOARD COUNTY OF WASHINGTON OF ADJUSTMENT AND APPEALS In the Matter of the Variance Request of FINDINGS OF FACT AND ORDER GRANTING Gregory Johnson, VARIANCES AS T LOT SIZE, SIDEYARD SETBACK, LAKESHORE SETBACK, ROAD SETBACK, Applicant. AND SETBACK OF SEPTIC SYSTEM FROM BUILDING The above-entitled matter came on for hearing before the above-named Washington County Board of Adjustment and Appeals at a hearing held at the Washington County Courthouse in the City of Stillwater, Minnesota at 6: 25 p.m. on July 19, 1983. The applicant, Gregory Johnson, appeared personally. Also present were Dennis 0'Donnell, County Planner, Rhonda Thode, Secretary to the Board, C. J. Flouke, and Vern Grossman. Upon the evidence adduced at said hearing by the applicant and by the other persons named above, and upon all the files, records and proceedings herein, the Board makes the following: FINDINGS OF FACT l. The applicant owns a tract of land on Bone Lake in New Scandia Township, which tract of land is legally described as follows: Lot 9, Sandgren Addition. 2. The applicant seeks variances from the requirements of the Washington County Shoreland Management Ordinance to permit him to construct an addition onto an existing cabin and to add a detached garage on said tract of land which has a lot size of 20,000 square feet instead of the required one and one-half acres, with said home to be constructed at a setback of 75 feet from the normal ordinary high water mark of Bone Lake instead of the required 100 feet, and with said garage to be constructed at a setback of 5 feet from the Easterly side lot line instead of the required 10 feet, a setback of 28 feet from the road right of way instead of the required 40 feet, and a setback of 10 feet from the septic system instead of the required 20 feet. 3. The Town Board of New Scandia Township has recommended approval of the requested variances. 4. That the Board finds that the granting of the requested variances in this case is in harmony with the intent and purpose of the Washington County Development Code and the Washington County Shoreland Management Ordinance and that the property, after the additional structure has been built, would still be in harmony with the existing neighborhood. ORDER GRANTING VARIANCES The Board orders that the application of Gregory Johnson for variances as to the lot size requirement of the Washington County Shoreland Management Ordinance in order to permit him to construct an addition to his house on the above-described property at a setback of 75 feet from the normal ordinary high water mark of Bone Lake is hereby granted and that the applicant's request for variances to construct a detached garage on said property at a setback from the Easterly sideyard lot line of 5 feet, at a road right of way setback of 28 feet and at a setback of 10 feet from the septic system on said property is hereby granted. WASHINGTON COUNTY BOARD OF ADJUSTMENT AND APPEALS BY Peter Sc ltgen, Chairm Dated this day of November, 1983. 2- M BO.GQ Pt,ec o sii EARTH SCIENCE 20d20 JUNO AVE. NO. FOAEST LAKE. MN S302S N gOM.f LA Gar 1 1 t J f e . i• 7.S' o f s E A S 0'O f J 1 3 s;s 0o G f' o,. wE l^ a eyo 3st 2 p• A t. y l7c a sq t o, oro To a a.4 40 s. c o. 44 St' f. h6 rs*' E' s j' y F°i l . c y s,s Se-,, 33 c 79' Qiy•:I f' 9t b`. 0- 3. p.er^ xtA C!`/L l rE: aJi// Ktsoe.r••/ y or e s3H•r) Fr0 w( O sAQ t i,N v-- --- r A f nA c s1cw i rr.q s r t Oljf e' l r O p• p' /7 /O E 1`evr• I hereby certify that the Attached Grder is a true and correct copy of the Findings of Fact and Order issued by the Washington County Board of Adjustment and Appeals on May 28, 1992 in response to the variance application of Rick Johnson. Dated : May 12 , 1992 i NIS C. O' DON ELL LAND USE SPECIALIST STATE OF MINNESOTA WASHINGTON COUNTY BOARD COUNTY OF WASHINGTON OF ADJUSTMENT AND APPEALS In the Matter of the Variance Request of: FINDINGS OF FACT, Rick Johnson, Applicant. CONCLII3IONS OF LAW AND ORDER GRANTING VARIANCE This matter came on for hearing on April 30, 1992 before the Washington County Board of Adjustment and Appeals on application for variance of Rick Johnson. Applicant, Rick Johnson, appeared personally. Also present were Dennis O'Donnell, County Planner; Howard R. Turrentine, Assistant Washington County Attorney; and Dorothy Rossi, Secretary to the Board. Board member Rich Leistico was absent. Having reviewed the evidence, heard the arguments of the parties and being otherwise advised in the premises, the Board makes the following: FINDINGS OF FACT 1. Applicant is the owner of Lot 9, Sandgren's Addition, New Scandia Township as more particularly described on the attached Exhibit A. 2 . Applicant's property has frontage on Bone Lake, an LS-2 lake, within the meaning of the Washington County Shoreland Management Ordinance and is improved with a small seasonal structure. 3 . Applicant seeks the following variance to Section 405. O1A of the Washington County Shoreland Management Ordinance to construct a 52 x 34 foot walkout rambler with an attached garage. Lot Size - 1.25 acres required - 21, 000 sq. feet existing Lake Setback - 100 feet required - 75 feet proposed. 4. In 1983 a variance was granted for the construction of a new residence with a detached garage.Applicant's proposed construction would be within the footprint of what was approved in 1983, however, applicant is proposing an attached garage and eliminating the detached structure. 1 a 5. A new septic system has been installed and designed for a two bedroom home and due to the size and position of the new home, one of the existing septic tanks will not meet the required 10 foot building setback. 6. Applicant's proposed construction will not encroach further into the lake setback than the existing structure and is a reasonable use of the property. Based on the foregoing, the Board makes the following: CONCLOSIONS OF LAW 1. Applicant has established a hardship within the meaning of the Washington County Shoreland Management Ordinance since applicant's proposed use is reasonable and will not alter the essential character of the neighborhood. ORDER Based on the foregoing, the Board orders that the variance request of Rick Johnson to construct a 2 bedroom, 52 x 34 foot walkout rambler with attached garage is granted with the following conditions: 1. The septic tank be moved to meet the 10 foot building setback requirement. 2 . All existing buildings to be removed before occupying the new residence. 3 . The window in the walkout basement is to be located in such a way that only one bedroom could be legally located in the walkout basement. Dated this -6; r day of 1992 . A INGTON COUNTY BOARD OF ADJUSTMENT AND APPEALS By M ry S kus, Chair This instrument drafted by: Howard R. Turrentine Assistant Washington County Attorney Washington County Government Center 2 Exhibit "A" Variance Reouest of Rick Johnson Lot 9 Sandgren Addition Section 5 , Township 32 North, Range 20 West New Scandia Township Washington County, Minnesota Case Number Fee Paid Date Filed APPLICATiON FOR CONSIDERATION OF PLANNING REQUEST This form should be filled out in duplicate by typing or printing in ink) I Street Location of Property: 23261 Lofton court North Legal Description of Property: Lot 9 Sandgren Addit ion Owner: Name Ricky Johnson Phone291-7650 ExT 224 Address 23261 Lofton Court North City Scnadia Stdte MN Zjp 55073 Applicant (If other than owner): Name Phone Address City State Zip Type of Request: Rezoning x Variance Special Use Permit Subdivision Approval Other: Description of Request: A variance is required to to remove existing building and rebuild . Lot size 12 acres required to 21, 000 square feet exi'sting Other Side Present Zoning Classification: Existinn Use of the Property: Has a request for a Rezoning, Variance or special use permit on the sub ect site or any part thereof been previously sought? When? S i nature of Appl icant: Dat Approved X Denied by the Planning Commission on d e Approved Den ied by the Counc i I on r- te) Form No.7 .6300-2 That the Septie Taak be moved to meet the 10 foot dwelling setback requirement The erosion control barrier be installed along the shoreline prior to any construction taking place Phonc 464-3130 DONC. HULT v'3P Min t.xcg.lvo.6Gt7 HULT & ASSOCIATES, INC. Wis.Rcg.No.5-950 DALE F.HLBGISEN Land Surveyors Minii. Rc.No. 13590 MAILING ADDRESS: 6fi95 Lakc 13oulcvard P.O. Box 37 FOKEST LAKE, MINN. 55025 TERRANCE G. JOHNSON Forest Lakc, MN. 55025 Minn. Rcg.No. 13115 I hcrcby ccrtify that this survcy, plan, or rcport was prcparcd by mc or undcr my dircct super- vision an that I am a duly Rcgistcred Land Survcyor under the laws of tl c S[ate of Minncsota. Datc hlarch 17, 1992 Scalc: 1 Inch = 5o Fect oy V 90 s O 9 J \ F 909 8 F y jx, J 8 a OQ EXISTING CABIN TO BE REMOVED SEPTIC SYSTEM CONTROL BOX\ h.. 1X i i QRoA`` 6 5' l 9 C GA/lAbE I 0 SEPTIC SYSTEM a roo 10 Os O^ NOTE : THERE ARE TWO EXISTING SHEDS IN THIS AREA WHICH WILL BE REMOVED UPON CONSTRUCTIONO OF NEW DWELLING. DENOTES IRON MON. FOUND o DENOTES IRON MON. SET LOT 9, SANDuRE i ADDITION, WASNINGTON COUNTY, MiNIVESOT SURVEY FUR: Rick Jc hnson i t c.11C t+ e Z c 7 4;;*` a J-- / 1 h fl C{t i I . l 1 \l 4;r a 3 z c iU i i( 1 F'=, r I b ,C , G- C ;>c' _: 11 1 c -o a c 7 c 11 a n - r.;:` ci' E- C t Y R C---E 1 G f C' _cJ l n M v G T \ il\ -E? ( C y .(1 R Z. nsc l. d ai -_ C u--P 0.v 'C' C 1y Y10 o m s G SS I f- c_ rl, Gt v c l + << -F C -c. f t L c.. , 7 a c..r 1 s c- l l t t V"vV -E'- 1. ':- Y b - b l , c 1 -c- c 4- , vY C l v L C -'`C- ti1i b 1 I {a , e 14 ; ,; c o E' c 1 G E- t 1 o .; ,1 . 40.00 ft 2 7 . 2 9 f t 32 . 5 3 f t 2 . 7 1 f t 2. 7 7 f t 311.1 sf 1 7 . 1 0 f t 1 TJ Hofer From:Victoria D’Amico <victoria.damico@clflwd.org> Sent:Monday, February 24, 2025 1:39 PM To:TJ Hofer Cc:Mike Sandager Subject:RE: Variance Application for Deck at 23261 Lofton Ct N TJ, We’ll need more information regarding the impact of the deck to present to the board to make their decision. Have you received any more detailed information about the deck since receiving the plans? We are looking to answer the following questions:  Will construction restrict permeability of the ground below the deck (concrete platform, gravel, compacted media, etc.)  What materials will the deck be constructed of and will gaps throughout deck allow water to drain onto the ground below  Is there an existing door that would access the deck? Thanks, Victoria D’Amico (She/Her), EIT Water Resources Technician Phone 651-313-8821 Email victoria.damico@clflwd.org Web www.clflwd.org Office 44 Lake St. South, Suite A, Forest Lake, MN 55025 From: TJ Hofer <tj.hofer@bolton-menk.com> Sent: Friday, February 21, 2025 9:21 AM To: Victoria D’Amico <victoria.damico@clflwd.org> Cc: Mike Sandager <mike.sandager@clflwd.org> Subject: RE: Variance Application for Deck at 23261 Lofton Ct N Victoria, No worries. I think that tells me what I need to know for right now. Thank you! TJ Hofer (he/him/his) Planner II Bolton & Menk, Inc. (612) 271-6984