4.a Staff Report Stanek Meeting Date: 11/5/08 .s
Agenda Item:
Planning Commission/City Council
Agenda Report
City of Scandia
14727 209th St. North
Scandia, MN 55073 (651) 433-2274
Action Requested: Continue the public hearing on the application of Tom and Lisa Stanek for
variances including lot size, setbacks and lot coverage to construct a new
home on a vacant lot located at 19107 Layton Avenue.
Deadline/ Timeline: Review period extended at request of applicant to November 5, 2008
Background: • The public hearing on this application was opened at the August 5,
2008 meeting and continued to the September 2 meeting.
• At the September meeting, the review was extended and a
subcommittee (Commissioners Ness and Schwarz, Mayor
Seefeldt, Councilmember Harnetty and Administrator Hurlburt)
was appointed to meet with the County staff to discuss the long-
te,in status of the 201 collector system. Representatives of the
neighborhood were invited to attend. The Committee met on
September 23. A memo summarizing the conclusions of that
meeting is attached. The subcommittee found that the sewer
system has capacity to serve the proposed new home.
Recommendation: The planner has recommended approval of the variances with findings
and conditions which have been incorporated into a draft resolution
for use by the Planning Commission and City Council.
Attachments/ • Draft Resolution II-05-08-XX Approving Variance Request
Materials provided: • Memo from Anne Hurlburt re: Conclusions of September 23
Meeting re: "201" Community Sewage Treatment System
• Excerpt of Minutes, August 5 & September 2 Planning
Commission Meetings
• TKDA Memorandum dated August 28, 2008
• TKDA Memorandum dated July 30, 2008
• Location Map
• Survey dated July 17, 2008
• Letter from John Bower dated August 26, 2008
• Letter from David Berg dated September 1, 2008
• Revised Application Materials received August 26, 2008
Contact(s): Torn Stanek, 763 228-0333
Prepared by: Anne Hurlburt, City Administrator
(stanek variance continued 2)
Page 1 of 1
10/29/08
CITY OF SCANDIA, MINNESOTA
RESOLUTION NO. 11-05-08-XX
VARIANCE REQUEST FOR 19107 LAYTON AVENUE
WHEREAS, Tom and Lisa Stanek have made application for variances to allow lot size
of 10,350 square feet; lot width of 75 feet; setback from the Big Marine Lake Ordinary High
Water level (OHW) of 58.5 feet; and right of way setback of 15 feet located at 19107 Layton
Avenue; and
WHEREAS, the property is legally described as follows:
Lot 6, Block 1, Holiday Beach 2nd Plat, Washington County, Minnesota; and
and
WHEREAS, the Planning Commission reviewed the request at a duly noticed Public
Hearing on August 5, 2008, and continued the hearing to September 2, 2008, and has
recommended approval for the variances to allow lot size of 10,350 square feet; lot width of 75
feet; setback from the Big Marine Lake Ordinary High Water level (OHW) of 58.5 feet; and right
of way setback of 15 feet; and
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should
and hereby does approve the request of Tom and Lisa Stanek for variances to allow lot size of
10,350 square feet; lot width of 75 feet; setback from the Big Marine Lake Ordinary High Water
level (OHW) of 58.5 feet; and right of way setback of 15 feet; based on the following findings:
1) The subject property has been maintained in separate ownership from contiguous parcels and
therefore, as a nonconforming lot, is considered a separate parcel for the purposes of sale or
development.
2) A hardship exists because a single family home is an allowed land use in the Agriculture,
Shoreland Overlay Districts, but the existing lot is not big enough to allow for a home that
conforms to all dimensional standards.
Resolution No.: l I-05-08-xx
Page 2 of 3
3) The lot is a pre-existing lot on which it would be impossible to build a structure that meets
the lot size, lot width, OHW setback, and right of way setback standards.
4) The small size of the lot was not created by the property owner.
5) The construction of the single family home will not alter the essential character of the area.
The character of the area is a single family residential neighborhood with homes ranging in
size from small cabins to larger year-round homes. The proposed home is similar in scale to
other homes located on small riparian lots on Big Marine Lake allowed through the variance
process.
6) The proposed home is in harmony with the general purpose and intent of the Ordinance to
address environmental and aesthetic concerns, and is consistent with the Comprehensive Plan
guidance for protecting natural resources and scenic views. The addition of landscaping and
preservation of existing vegetation where feasible protects the environment and scenic view.
FURTHER BE IT RESOLVED, that the following conditions of approval shall be met:
1. That the structure is generally in confoimance with either site plan, Layout A or Layout B,
dated August 26, 2008 and revised building plans received by the City on August 26, 2008.
2. That the Applicant apply for a pen-nit from the Carnelian-Marine-Saint Croix Watershed
District.
3. That a landscaping plan is submitted to the City. The landscaping plan must show plantings
in the side yards and between the structure and right of way to provide screening from the
neighboring properties and street. The landscaping plan must include planting of native
species for stormwater management, such as raingardens. The Applicant must verify with the
MnDNR regarding any necessary permit before landscaping below the OHW. The
landscaping plan must show that existing vegetation is maintained where feasible, exclusive
of any invasive species that may be present. All standards addressing Vegetation Alterations
found within the Shoreland Management regulations apply.
4. That the connection and use of the 201 system comply with Scandia Ordinance 108,
governing the 201 system.
5. That a permit is granted from Washington County Department of Health and Environment for
wastewater treatment.
6. That all fees are paid.
Resolution No.: 1 -05-08-xx
Page 3 of 3
Adopted by the Scandia City Council this 5th day of Novemeber, 2008.
Dennis D. Seefeldt, Mayor
ATTEST:
Administrator/ Clerk
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MemomInnesot
To: Mayor and City Council
Planning Commission
From: Anne Hurlburt, City Administrator
Date: September 26,2008
Re: Conclusions of September 23, 2008 Meeting re: "201"Community Sewage
Treatment System
On Tuesday, September 23,2008, a meeting was held by a subcommittee of City Council and
Planning Commissioners to gather information regarding the status of the"201"community sewage
treatment system serving the Bliss Additions/Holiday Beach area of the city. In attendance were
Mayor Seefeldt,Council member Harnetty, Planning Commission Chair Chris Ness and Planning
Commissioner Peter Schwarz. Also in attendance were Brad Bergo(19123 Layton),Doug Salmela
(19091 Layton),Tom Stanek (2312 130th Ct., Blaine), Pete Ganzel (Washington County Health Dept.)
and City Administrator Anne Hurlburt.
Mr. Ganzel presented an overview of the history, design and function of the sewer system. Ms.
Hurlburt reviewed the city's ordinances governing the system and presented her analysis of the
potential for additional connections to the system.
The findings and conclusions were as follows:
• The system is functioning well within the design and permitted limits of the system.
• At current volumes,only 4 trenches of 9 in each of the two active drainfields are being used.
There is probably space available at the site for additional drainfield area.
• The system experiences peaks in volumes that correspond with heavy rainfalls, when clean water
infiltrates into the system. Some of this comes from water falling on the sand filters but some is
probably coming from other sources, including sump pumps and other clean-water discharges at
individual homes.
• The engineering reports prepared by TKDA in 1994 and 2000 for the entire"201"system
concluded that there is capacity in the Bliss collector system for 89 residential connections. The
assumptions of these studies appear to remain valid and are probably conservative estimates of
system capacity.
• There have been questions raised whether or not it was expected or even allowed to connect new
homes constructed after the system was installed,or if it was intended that only homes existing at
that time could be connected. The TKDA studies were conducted partly for the purpose of
determining capacity for additional connections. And the system on the east side of Big Marine
Lake(Anderson-Erickson) was expanded to serve additional territory after the initial construction.
It does not appear that there was or is any prohibition on new home connections.
• There are currently 76 connections to the Bliss area system,most of which are permanent
dwellings. Seventeen (17) are listed as "seasonal" for property tax purposes.
• There are 5 existing homes that are adjacent to the collection system that are not currently
connected. System capacity should be reserved for these homes. There is one vacant site where a
home was previously connected to the system. Constructing a new home on this site would
require approval of a variance.
• There are two parcels that were previously denied a variance for a single home(Feb. 2000) which
would be considered unbuildable at this time. There is also a vacant lot (Lot 16, Holiday Beach)
owned by"Holiday Beach LLC"that would not be expected to become a building site.
• Staff's analysis found 17 vacant lots(including the Stanek parcel) for which the owners could
potentially request variances. This assumes that all parcels in contiguous ownership(including
those separated by road right-of-way) constitute a single"lot"per the city's Zoning Ordinance and
Shoreland Overlay district requirements. It is apparent that many of these lots would not be
buildable due to physical factors such as dimensions or wetlands. Others may have been in
contiguous ownership with other parcels after that regulation went into effect. The ownership
history would need to be examined as part of a variance review. Should variances be requested for
any of the vacant lots, the city would examine all of the relevant factors and would likely find
grounds to deny many of them.
• If the system has capacity for at least 89 connections, 76 are currently used and 5 are reserved for
existing homes that have not yet connected to the system, there would be room for 8 additional
connections.
• The City's ordinance(Ordinance No. 108) prohibits new connections to the system for non-
residential uses. Only property adjacent to the existing collector system may be connected, and
only if capacity exists in the system. Since any new homes/connections will require variances,
there is a procedure in place to determine that the criteria are met.
• If there are concerns about capacity in the future, the city may want to consider implementing
conservation measures (such as requiring low-flow plumbing fixtures) or taking measures to
eliminate clear water discharges to the system (such as mandatory inspection and disconnection of
sump pumps.)
September 2, 2008
The Scandia Planning Commission held their regular monthly meeting on the above date. The
following were in attendance: Chairman Chris Ness, Commissioners Tom Krinke, Christine
Maefsky, Susan Rodsjo, Peter Schwarz and TKDA Planner Berry Farrington. Chairman Ness
called the meeting to order at 7:32 p.m.
APPROVAL OF AGENDA, MINUTES
Commissioner Krinke, seconded by Commissioner Maefsky, moved to approve the agenda
as presented.
Commissioner Krinke amended the August 5, 2008 with an inclusion of comments regarding the
Stanek variance. Commissioner Krinke, seconded by Commissioner Rodsjo, moved to
approve the minutes as amended. The motion passed unanimously.
TOM AND LISA STANEK—CONTINUED HEARING ON VARIANCES TO
CONSTRUCT A NEW HOME AT 19107 LAYTON AVENUE
The public hearing was continued from August 5, 2008 on the variance application for Tom and
Lisa Stanek to construct a new home on a vacant lot located at 19107 Layton Avenue. The
applicants submitted a plan in which the scale of the home was reduced and the impervious cover
reduced to less than 25%, eliminating the need for a variance for lot coverage.
Planner Berry Farrington presented the planner's report in which approval was recommended.
The applicant's plans have been revised based on comments from the August meeting. The
height of the structure, previously proposed at 32 feet, now measures 28.5 feet. Two layout
options were submitted; Layout A having the garage on the north and Layout B having the
garage on the south. There is a very small difference in lake setback between the two (58.8 feet
versus 58.5 feet) so that either option could be granted to best limit grading and avoid trees as the
building pei mit process moves forward. The applicant is working with the DNR and Watershed
to develop landscaping plans with the intent of protecting water quality. The report recommends
that a landscaping plan be submitted to the City.
Commissioner Ness opened the hearing to the public.
Dave Berg, 11110 189" Street: Mr. Berg expressed his concerns about the negative impact this
home could have on the water quality of Big Marine Lake and the limited connections into the
201 septic collector system. He is opposed to this proposal based on the precedent it could set to
"shoehorn in uses in marginal lots".
Doug Salmela, 19123 Layton Avenue: With input from Pete Ganzel, Washington County
Department of Public Health, Mr. Salmela presented a report from the year 2000 on the 201
septic collector system in which he interpreted the findings to show a capacity for 7.6 homes
remaining. Approximately four homes in the vicinity have individual drainfields, which he feels
connections should be reserved for. Mr. Salmela requested that the City provide a summary
analysis of usage within the next 20 years, establish a life expectancy of the 201 system and
establish a plan to handle additional connection requests fairly.
September 2, 2008
Scandia Planning Commission
Page 2
Brad Bergo, 19123 Layton Avenue: Mr. Bergo expressed his concerns of the long-term
capability of the 201 system. He questioned the reduction in lot coverage by no longer
calculating the deck as impervious and stated that the County and DNR view pervious pavers as
included in lot coverage. Administrator Hurlburt explained that a raised deck is not considered
impervious. Planner Farrington explained that the revised plan no longer has a patio and distance
of the driveway is measured from the edge of the parcel line, not from the right-of-way
easement. This calculates to lot coverage of 21.4%. Mr. Bergo also had concerns of the changes
to natural drainage that this structure would have, possibly leading to flooding onto his adjacent
property. Overall, he is opposed to the granting of this variance based on the overall lot size
variance and precedent setting nature. Mr. Bergo referenced the denial of a variance from the
OHW at 19077 Layton Avenue, which required the home to be wider and taller than normal.
Chairman Ness closed the public comment portion of the hearing and asked applicant Tom
Stanek for comments. Mr. Stanek felt that he followed through in what he was asked to do by
scaling down the size of the home and reducing lot coverage below 25%. Mr. Stanek spoke with
Pete Ganzel at the County and was assured that there is capacity for a new home connection on
the 201 system.
Jim Shaver, Carnelian-Marine-St. Croix Administrator, added a comment that the Watershed
considers a raised deck as impervious cover as a homeowner may lay a barrier underneath the
deck for weed or erosion control.
Councilmember Peterson relayed comments she had gotten from the city assessor in which he
classifies and assesses the property as unbuildable. Pete Ganzel relayed to Councilmember
Peterson that he is not in favor of allowing additional hook-ups for new construction and that the
capacity of the 201 system needs to be monitored carefully. Councilmember Peterson believes
the intent of the installation of the collector system was for existing homes and cabins only.
Commissioner Schwarz inquired as to how and when a determination was made that the lot is
unbuildable. City Attorney Hebert stated that a lot is valued as undeveloped for tax purposes
only and the lot was assessed for the full value of a buildable lot when the road improvement
project was undertaken in 1999. A determination that the lot is unbuildable has never been made.
Commissioner Krinke inquired if a building permit was ever denied on this lot. Administrator
Hurlburt answered that records indicate that there have been no applications for building on this
property.
Commissioner Maefsky asked if hook-ups to the 201 collector system have occurred for new
construction. Administrator Hurlburt stated that there have been a couple in recent years.
Commissioner Schwarz inquired about the process for granting new connections. Administrator
Hurlburt answered that the ordinance limits connections to contiguous lots in previously
'
`
September 2, 2O08
Scundiu Planning Commission
^ Page 3
,
` developed areas only. City Attorney added that the County issues the pen-nits and have
� monitored i( closely over the years.
Commissioner K�inkr stated that these concerns have not been successfully mitigated and would
be opposed to granting vmiouccx due to the small lot size.
Chairman Ness had concerns ofhow the calculations of lot coverage have been changed and
indicated his opposition.
Commissioner Schwarz stated that the law allows reasonable use of property unless deten-nined
unbuildable. Numerous variances have been granted in this neighborhood. There rernains a
question of debate with the County regarding the 201 septic connection and he would like
assurance that it is being monitored closely; otherwise, he sees no grounds for denial.
Councilmernber Harnetty feels that even though the proposed structure may not be practical
within the ordinance, denial inay mean that future improvements in this neighborhood could also
be denied.
Commissioner Rodsjo felt that the large deviation from the minimum 2.5 acre lot size is an
important consideration for protection of water quality.
Mayor Seefeldt suggested that the review process be extended until a subcommittee rneets with
the C ounty to discuss the long-ten-n status of the 201 collector system. Staff will arrange for this
meeting with the following serving on the subcommittee: Commissioners Ness and Schwarz,
neighborhood will be invited to attend.
Commissioner Schwarz, seconded by Commissioner Maefsky, moved to table the hearing
for up to 60 days for the purpose of gathering additional information. The motion passed
HRIST'S HOUSEHOLD OF FAITH CHURCH AND SCHOOL — CONDITIONAL USE
PERMIT FOR ADDITIONAL ANIMAL UNITS AND VARIANCE FOR ANIMAL
FEEDLOT SETBACK FROM WHITE ROCK LAKE AT 19060 MANNING AVENUE
NORTH
Applicant David B|ohui, representing Owner Christ's Household ofFoidh Church and School,
was present to request u Conditional Use Pen-nit to allow the keeping ofuninnu| units ill greater
concentration than | animal unit per 2 grazuh\e acres and also vorouccx fiorn the 6ecd|co acd`uck
mf3OO feet boon White Rock Lake and 75 feet fronn uvvct|uod. There ixun existing feedlot
appruxicnu1c|y2OO feet from White Book iukr and 20 feet fronn the vvodaod. There are currently
\oo horses kept in the feedlot and nearby pastures. The property owned byC8()[ consists oftwo
parcels, 2| acres on the north and 19 acres nu the south. The feedlot and puoiurux are located on
August 5, 2008
The Scandia Planning Commission held their regular monthly meeting on the above date. The
following were in attendance: Chairman Chris Ness, Commissioners Torn Krinke, Susan Rodsjo,
Peter Schwarz, Building Official Steve Thorp and TKDA Planner Berry Farrington. Absent:
Commissioner Christine Maefsky. Chairman Ness called the meeting to order at 7:32 p.m.
APPROVAL OF AGENDA, MINUTES
Commissioner Krinke, seconded by Commissioner Rodsjo, moved to approve the agenda
as presented and the July 1, 2008 Planning Commission minutes. The motion passed
unanimously.
TOM AND LISA STANEK : VARIANCES TO CONSTRUCT A NEW HOME AT 19107
LAYTON AVENUE
Tom and Lisa Stanek are requesting variances to allow for construction of a new home located at
19107 Layton Avenue. The property is currently a vacant lot within the Shoreland Management
District of Big Marine Lake. The property is less than a 1/4-acre in size and approximately 75 feet
wide. The submitted house plans propose a two-story walkout which measures 32 feet in height.
The applicant provided a letter from Washington County Department of Public Health stating
that the 201 wastewater treatment system has capacity to serve the home.
TKDA Planner Berry Farrington presented the planner's report. In order to develop the lot as
proposed, variances are needed for lot size, lot width, setback from the Ordinary High Water
level (OHW), right of way setback and lot coverage exceeding 25%. A recommendation to
relocate the proposed deck to the north side allows for a 47 foot OHW setback established by the
house. The applicant proposes to use pervious paver systems to build the driveway, path and two
patios, for a total of 12% of the site. The planner recommends that this area should not be fully
excluded from the calculation of lot coverage. As the proposed house, deck and entrance pad
cover 25% of the lot, a variance for excess lot coverage was also included in the request. Ms.
Farrington presented findings to support conditional approval of the request.
Chairman Ness opened the hearing to the public.
Doug Salmela, 19091 Layton Avenue: Mr. Salmela expressed his view that the lot was classified
as unbuildable and a sufficient hardship does not exist to grant this variance request. Mr. Salmela
felt this would set a precedence for future variance requests.
Brad Berg°, 19123 Layton Avenue: Mr. Bergo presented a petition signed by 62 neighborhood
residents opposing the variance request, Among their concerns is the capacity of the 201 septic
system to handle another connection. Mr. Bergo brought forth his concern about the effect a
developed lot would have on the natural drainage of stormwater onto his adjacent property,
possibly resulting in flooding onto his lot. Mr. Bergo concluded by stating his opposition due to
lack of an existing hardship.
Scandia Planning Commission
August 5, 2008
Page 2
Ann Myre, 19111 Larkspur Avenue: Ms. Myre expressed her opposition, stating that the scale of
the house is excessive and not consistent with the neighborhood. She felt the building of this
house would detract from scenic views the residents currently have.
Mike White, 13310 188`" Street: Mr. White stated his view that the lot is too small to allow for a
house of this size; the scale of the house is too large for the neighborhood; and the structure is
too close to the lake.
Jim Shaver, Carnelian-Marine-St. Croix Watershed Administrator: Mr. Shaver felt this would be
a risky variance to approve as it appears to have a detrimental effect on water quality due to the
high impervious surface of the proposed plans and the insufficient setback from the OHW.
Commissioner Rodsjo asked Mr. Shaver for his view on pervious pavers. Mr. Shaver replied that
if the paver system is not maintained, failure will occur.
Jeff Dahlberg, 19151 Layton Avenue: Mr. Dahlberg felt this variance request should be denied
based on the 100 foot lake setback being the requirement. Mr. Dahlberg was concerned how this
structure would contribute to additional run-off into Big Marine Lake.
Darlene Schueller, 19203 Layton Avenue: Ms. Schueller felt the city should strictly enforce the
setbacks that are required.
Liz Kramer, 19126 Layton Avenue: Ms. Kramer is opposed to this variance request.
Dick Bohrer, 18849 Layton Avenue: Mr. Bohrer feels this is an unbuildable site and would have
a negative effect on the capacity of the 201 septic system.
Paula Marshall, 19130 Larkspur Avenue: Ms. Marshall expressed opposition due to the greater
than 50% variance requests and feels the proposed house does not fit the character of the
neighborhood.
Ken Kopka, 18420 Norell Avenue: Mr. Kopka supports this variance request as he feels it would
be an improvement to the neighborhood.
Chairman Ness closed the public comment portion of the hearing.
Tom Stanek, Applicant, addressed the commission with the history of lot. It was a "junk lot"
when purchased five years ago and he has since cleaned it up and is requesting to further
'mprove on it, The neighborhood currently supports a variety of homes and Mr. Stanek feels that
his house would have no problem fitting in. Mr. Stanek stated that multiple variance requests
ave been approved for many lots in this area near the lake. Washington County Department of
ublic Health has confirmed that there is sufficient capacity for hook-up into the 201 collector
stem.
Scandia Planning Commission
August 5, 2008
Page 3
Commissioner Schwarz questioned who determined that this property is unbuildable? Attorney
Hebert explained that ultimately the city can determine this when an application comes before it.
Regulations change over time, allowing for changes in classification. A lot may be non-
conforming, but still buildable once certain conditions are met. The property tax on a lot will
adjust once a variance to allow for improvement is approved. Commissioner Rodsjo reiterated
that an unbuildable classification is not concrete due to changes in rules over time.
Councilmember Peterson inquired if a paving assessment to the owner was made when the road
was improved. Administrator Hurlburt will look into this.
Commissioner Schwarz expressed his view on variances that were approved in the past. Most
were granted to lots that had existing structures on them and the improvements allowed for a
better use of the property. Mr. Schwarz sees no hardship in this application as the proposed
building does not meet the requirements of the lot. Consideration may be given if the lot
coverage can be reduced as much as possible.
Tom Herman, builder for Mr. Stanek, explained that the natural drainage areas of the lot will not
be disturbed, and improvements to the drainage area are being considered. Maintenance plans are
in place for the pervious paver system.
Commissioner Rodsjo stated that most houses along Big Marine Lake do not conform to
established setbacks and are even closer in some instances. Commissioner Rodsjo recommended
that the 25% lot coverage must be met in order to protect the water quality. This could be done
by replacing the patio area and establishing rock gardens within the site.
Commissioner Krinke stated his concerns over the magnitude of the variance requests, as the lot
size proposes a 90% variance from the 2.5 acre minimum.
Mayor Seefeldt would like to see the lot coverage lowered to at least 25% and increase the OHW
setback as much as possible. The obtrusiveness from the lakeside should be minimized.
Councilmember Yehle felt the owner has a right to build within reason but could not support a
variance to lot coverage over 25%. Yehle referenced DNR Specialist Molly Shodeen's memo
regarding the DNR's concerns of the pervious paver maintenance schedule and that a small lot
may not accommodate all the amenities that an owner desires. Yehle views this application as
squeezing an oversized house on a small lot and that the structure should be made as conforming
as possible.
The commissioners were in agreement that the two-story walkout does not fit the character of the
neighborhood and would appear misplaced. Councilmember Peterson voiced her agreement.
Scandia Planning Commission
August 5, 2008
Page 4
Mayor Seefeldt suggested to the applicant that he work with the Watershed to develop a Best
Management Practices plan in an effort to improve on the lake quality.
The applicants were advised to resubmit plans of a reduced scale.
Commissioner Schwarz, seconded by Commissioner Krinke, moved to continue the
variance hearing to the September meeting. The motion passed unanimously.
ROSS AND MARTA NELSON :VARIANCE TO CONSTRUCT AN ACCESSORY
STRUCTURE CLOSER TO THE ROAD (RESOLUTION 08-05-08-03)
Applicants Ross and Marta Nelson were present to request a variance to construct an accessory
structure closer to the road right-of-way than the principal structure at 12445 235`h Street. The
property is 4.85 acres.
TKDA Planner Berry Farrington presented the planner's report which recommended approval as
there are no alternative sites on the property to locate the 1,200 square foot structure. All other
regulations are met.
Chairman Ness opened the hearing to the public. There were no comments and the hearing was
closed.
Commissioner Schwarz stated that the property is adequately screened from the road and sees no
problem in granting this variance.
Commissioner Schwarz, seconded by Commissioner Krinke, moved to recommend to the
City Council approval of Resolution 08-05-08-03 Approving a Variance Request for 12445
235th Street. The motion passed unanimously.
MARK AND COLLEEN KAISER: VARIANCE TO CONSTRUCT AN ACCESSORY
STRUCTURE CLOSER TO THE ROAD (RESOLUTION 08-05-08-04)
Applicants Mark and Colleen Kaiser were present to request a variance to construct an accessory
structure closer to the road right-of-way than the principal structure at 14440 Old Marine Trail.
The property is 5.3 acres and lies within the Hay Lake Shoreland District.
TKDA Planner Berry Farrington presented the planner's report. A variance for location is
required as the proposed 2,000 square foot structure does not meet Section 9.2 (2)(B) of the
Zoning Ordinance that states a structure may be closer to the road than the house on lots greater
than 5 acres if it is at least 200 feet from the road right-of-way. Due to the nature of the lot, the
structure will be built approximately 100 feet from the right-of-way. The planner recommends
approval as no alternative sites exist on the lot for placement of the structure.
TK DA 444 Cedar Street,Suite 1500
Saint Paul,MN 55101-2140
ENGINEERS•ARCHITECTS•PLANNERS (651)292-4400
(651)292-0083 Fax
www.tkda.com
MEMORANDUM
To: City Council Reference: Stanek Variance Re uests
Planning Commission City of Scandia, Minnesota
Anne Hurlburt, Administrator
Copies To: Tom and Lisa Stanek Proj. No.: 14059.006
From: Berry Farrington, AICP Scandia File Number 2008012
Date: August 28, 2008 Routing: Sherri Buss, RLA
SUBJECT: Stanek Variance Requests
MEETING DATE: September 2, 2008
LOCATION: 19107 Layton Avenue
Scandia, Minnesota
APPLICANT: Tom and Lisa Stanek
ZONING: Agriculture (AG), Shoreland District
60-DAY PERIOD: September 15, 2008
ITEMS REVIEWED: Revised site plan dated August 26, 2008,
Revised building elevation (street side) and floor plan
BRIEF DESCRIPTION OF THE REQUEST:
The Applicant is requesting variances for lot size, lot width, setback from the Ordinary High Water level
(OHW) of Big Marine Lake, and right of way setback. The public hearing was continued from the August 5,
2008 meeting, where the Planning Commission and City Council suggested that the Applicant revise the
plans to address comments made at the hearing. Based on changes made, a variance to the lot coverage
maximum is not needed.
This memo notes the changes made by the Applicant. The full staff analysis may be found in the memo dated
July 30, 2008. The recommended findings and conditions have been updated to reflect the changes made to
the site plan and building plans.
An Employee Owned Company Promoting Affirmative Action and Equal Opportunity
Stanek Variance Request - Revised Plans Page 2 August 28, 2008
Scandia, Minnesota
SUMMARY OF REVISED PLANS:
The plans have been revised to reduce the height of the structure, reduce the lot coverage, and lengthen the
setbacks from the street and OHW.
The Applicant is requesting the option to later determine the specific layout of the house on the property, as
shown on the two plans, Layout A and Layout B. The two layouts are essentially the same home, min-ored.
Layout A has the garage on the north, and Layout B has the garage on the south. The Applicant's architect
has indicated that the request for the two options, with one to be selected before receiving a building permit,
is so that he can place the house on the site to best avoid trees, limit grading, and to allow him to get a more
detailed survey as they move forward in the building peinhit process.
Zoning standards do not determine a favorable layout in this case. There would not be any additional safety
concerns regarding either driveway location over the other, nor any differences with regard to views from the
street or lake. However, the two layouts show different setbacks from the OHW: Layout A with a setback of
58.8 feet and Layout B with a setback of 58.5 feet. Given the very small difference in setback, the Planner
recommends that the City consider the variance to allow an OHW setback of 58.5 feet, the option closer to
the lake, and allow that the Applicant may select either Layout A or Layout B during the building permit
process.
The following table summarizes the zoning requirements, previously proposed development plans, and
revised plans.
Standard Required Previously Proposed Revised Plans
OHW 100 feet 33 feet as measured from deck 58.5 feet - variance requested
setback 47 feet without deck
Right of Way 40 feet 14 feet 15 feet - variance requested
setback
Side Yard 10 feet 10 feet 10 feet
setback
Lot Maximum 3,509 sf(33.9%) 2,566 sf(21.4%)
Coverage of 25% Including pervious paver areas
Building 35 feet 32 feet 28.5 feet
Height
Variances are still requested for lot width of 75 feet and lot size of 10,350 square feet.
The Applicant's architect indicates that he is working with the Minnesota Department of Natural Resources
and Carnelian-Marine-Saint Croix Watershed District to develop landscaping plans with the intent of
protecting water quality. A raingarden is proposed in the natural depression located below the OHW, The
DNR has jurisdiction in this area and the Applicant is in the process of communicating with the DNR about
this proposal. The Planner recommends that a landscaping plan be submitted to the City.
Stanek Variance Request - Revised Plans Page 3 August 28, 2008
Scandia, Minnesota
ACTION REQUESTED:
The Planning Commission can recommend:
1. Approval
2. Approval with conditions
3. Denial with findings
4. Table the request
PLANNING STAFF RECOMMENDATIONS:
The Planner recommends conditional approval of the variances to allow lot size of 10,350 square feet; lot
width of 75 feet; setback from the Big Marine Lake Ordinary High Water level (OHW) of 58.5 feet; and
right of way setback of 15 feet; for 19107 Layton Avenue. The Planner's recommendation is based on the
following findings:
1) The subject property has been maintained in separate ownership from contiguous parcels and therefore,
as a nonconforming lot, is considered a separate parcel for the purposes of sale or development.
2) A hardship exists because a single family home is an allowed land use in the Agriculture, Shoreland
Overlay Districts, but the existing lot is not big enough to allow for a home that contains to all
dimensional standards.
3) The lot is a pre-existing lot on which it would be impossible to build a structure that meets the lot size,
lot width, OHW setback, and right of way setback standards.
4) The small size of the lot was not created by the property owner.
5) The construction of the single family home will not alter the essential character of the area. The character
of the area is a single family residential neighborhood with homes ranging in size from small cabins to
larger year-round homes. The proposed home is similar in scale to other homes located on small riparian
lots on Big Marine Lake allowed through the variance process.
6) The proposed home is in harmony with the general purpose and intent of the Ordinance to address
environmental and aesthetic concerns, and is consistent with the Comprehensive Plan guidance for
protecting natural resources and scenic views. The addition of landscaping and preservation of existing
vegetation where feasible protects the environment and scenic view.
The Planner recommends conditional approval of the variances to allow lot size of 10,350 square feet; lot
width of 75 feet; setback from the Big Marine Lake Ordinary High Water level (OHW) of 58.5 feet; and
right of way setback of 15 feet; for 19107 Layton Avenue,with the following conditions:
I. That the structure is generally in conformance with either site plan, Layout A or Layout B, dated August
26, 2008 and revised building plans received by the City on August 26, 2008.
2. That the Applicant apply for a permit from the Carnelian-Marine-Saint Croix Watershed District.
Stanek Variance Request - Revised Plans Page 4 August 28, 2008
Scandia, Minnesota
3. That a landscaping plan is submitted to the City. The landscaping plan must show plantings in the side
yards and between the structure and right of way to provide screening from the neighboring properties
and street. The landscaping plan must include planting of native species for stormwater management,
such as raingardens. The Applicant must verify with the MnDNR regarding any necessary permit before
landscaping below the OHW. The landscaping plan must show that existing vegetation is maintained
where feasible, exclusive of any invasive species that may be present. All standards addressing
Vegetation Alterations found within the Shoreland Management regulations apply.
4. That the connection and use of the 201 system comply with Scandia Ordinance 108, governing the 201
system.
5. That a permit is granted from Washington County Department of Health and Environment for
wastewater treatment.
6. That all fees are paid.
T llhL .
444 Cedar Street,Suite 1500
Saint Paul,MN 55101-2140
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MEMORANDUM
To: City Council Reference: Stanek Variance Requests
Planning Commission City of Scandia, Minnesota
Anne Hurlburt, Administrator
Copies To: Tom and Lisa Stanek Proj. No.: 14059.006
From: Berry Farrington, AICP Scandia File Number 2008012
Date: July 30, 2008 Routing: Sherri Buss, RLA
SUBJECT: Stanek Variance Requests
MEETING DATE: August 5, 2008
LOCATION: 19107 Layton Avenue
Scandia, Minnesota
APPLICANT: Tom and Lisa Stanek
ZONING: Agriculture (AG), Shoreland District
60-DAY PERIOD: September 15, 2008
ITEMS REVIEWED: Application materials received June 10, 2008
Amended site plan received July 17, 2008 and related pervious paver information
BRIEF DESCRIPTION OF THE REQUEST:
The Applicant is requesting variances to allow construction of a new home located at 19107 Layton Avenue
in the Bliss Addition on Big Marine Lake. The property is in the Agriculture District, and Shoreland
Management District. The parcel was created before the requirements of today's Development Code were
established, and therefore the existing lot does not meet all of the City's current standards.
The variances needed in order to develop the property as proposed are for lot size, lot width, setback from
the Ordinary High Water level (OHW) of Big Marine Lake, and right of way setback. In order to develop the
property as proposed, the Planner finds that a variance to exceed lot coverage of 25% is also needed.
BACKGROUND
There are no existing structures on the subject property. The Applicant proposes to build a new home on the
existing parcel of land. Certificate of Title for this property and the adjacent properties have been provided,
which indicate that the properties have not been in common ownership. The Scandia Development Code,
An Employee Owned Company Promoting Affirmative Action and Equal Opportunity
Stanek Variance Request Page 2 July 30, 2008
Scandia, Minnesota
Chapter 1, Section 12.4 (4) addresses contiguous, nonconforming lots under common ownership. The
property has been maintained in separate ownership from contiguous parcels and therefore, as a
nonconforming lot, is considered a separate parcel for the purposes of sale or development.
Chapter 1, Section 6.4 of the Scandia Development Code describes the criteria for granting variances. It
states that variances are only to be permitted when they are in harmony with the general purpose and intent
of the Development Code, in cases where there are particular hardships, and when consistent with the
Comprehensive Plan.
Hardship means that the property cannot be put to a reasonable use if used under the conditions in the
Ordinance; that the plight of the landowner is due to circumstances unique to the property, not created by the
landowner; and that the variance would not alter the essential character of the area.
EVALUATION OF THE REQUEST:
Lot Size and Width
The Scandia Development Code, Chapter 5, Section 7 addresses lot size and width requirements in the
Shoreland District. The minimum lot size is 2.5 acres and the minimum lot width is 150 feet. The subject
property is 10,350 square feet,just less than a quarter acre in size, and is approximately 75 feet wide. The
existing lot does not meet the lot size and width standards. Variances are requested to allow a lot size of
10,350 square feet and a lot width of 75 feet.
Setbacks
The Shoreland Management Regulations, Section 8, addresses setback requirements. Big Marine Lake is
classified as a General Development Lake. The OHW is 942.2 and the setback required from the OHW is
100 feet for a General Development Lake.
The proposed home is 47 feet from the OHW, and there is a proposed deck that is 33 feet from the OHW.
The Applicant requests a variance to allow an OHW setback of 33 feet,as measured from the OHW to the
proposed deck. Analysis of the site plan indicates that there may be space to the north of the home where a
deck could be located, conk),ming to a setback of 47 feet from the OHW.
The Shoreland District requires a public right of way setback of 40 feet. The Applicant requests a variance to
allow a 14 foot setback from the Layton Avenue.
For existing parcels one acre or less in size, the side yard setback for a lot on a Recreation Development
Lake is 10 feet. The proposed home conforms to the 10 foot side yard standard.
The following table summarizes the setback re9uirements and proposed setbacks.
Setback type Required I Proposed
OHW 100 feet 33 feet (Planner recommends 47 feet)
Right of Way 40 feet 14 feet
Side Yard 10 feet 10 feet
Stanek Variance Request Page 3 July 30, 2008
Scandia, Minnesota
Lot Coverage
The Shoreland Management Regulations, Section 8.4, addresses lot coverage. It states, "A maximum of 25%
of the lot may be covered with impervious surface. This includes all structure, decks, patios, walks, and
surfaced or unsurfaced driveways." The subject property is 10,350 square feet. Twenty-five percent of the
total area is 2,587.5 square feet.
The Applicant proposes the following improvements that would result in impervious lot coverage:
House 2,165 square feet
Deck 336 square feet
Entrance pad 84 square feet
TOTAL 2,585 square feet (25% of site)
The Applicant proposes to use pervious paver systems to build the driveway, path, north patio, and east
patio. The square footage of the pervious paver areas are as follows:
Driveway 384 square feet
Path 180 square feet
North patio 360 square feet
East patio 336 square feet
TOTAL 1,260 square feet (12% of site)
The Applicant has provided general information about the proposed pavers and results from a soil boring
taken in the proposed driveway area. The attached memo is a review of the pervious paver information. Soils
are sandy and will provide for fairly rapid infiltration. The proposed paver materials are permeable. The
ability of the pervious paver areas to infiltrate storm water will depend on how they are designed, installed,
and maintained. The pervious paver review memo makes general recommendations for design and
installation.
The Planner recommends that the pervious paver area should not be fully excluded from the calculation of
lot coverage, and that a variance to exceed 25% lot coverage be considered. Site-specific design detail and
installation instructions, and a maintenance agreement, would be needed to identify a suitable credit for the
pervious pavers. The Shoreland Management Regulation's definition of lot coverage specifically includes
patios, walks, and driveways. In addition, maximum lot coverage standards include benefits in addition to
storm water management, such as the aesthetic benefits of vegetation. The City of Scandia has not previously
fully excluded pervious paver areas from the calculation of lot coverage. The Planner recommends the
variance for lot coverage be approved, with the house,deck, and entrance pad not to exceed 25% of the lot,
and with pervious pavers not to exceed 12% of the lot.
Wastewater Treatment
The proposed home will connect to the Bliss Addition common wastewater treatment facility (201 system).
The Applicant provided a letter from Washington County Department of Public Health and Environment
statin that the 201 s stem has ca acit to serve the ro osed home.
Stanek Variance Request Page 4 July 30, 2008
Scandia, Minnesota
Building Height
The Shoreland Management Regulations, Section 8.3 establishes a maximum building height of 35 feet. The
proposed home is approximately 32 feet tall, as measured from the mean height at grade to the mean height
between the eaves and ridge. The proposed structure conforms to the height standard.
Minnesota Department of Natural Resources (MnDNR)
Because the proposed home is in the Shoreland District, the application materials were submitted to the
MnDNR for review and comment. Written comments have not been received at this time.
Carnelian-Marine-Saint Croix Watershed District
Because the proposed home is in the Shoreland District and requires a variance from the City, a permit from
the Watershed District is needed. The Planner recommends that as a condition of approval, the Applicant
apply for a permit from the Carnelian-Marine-Saint Croix Watershed District.
Consistency with Comprehensive Plan, intent of the Ordinance, and character of the area
Variances may be granted when in harmony with the general purpose and intent of the Development Code
and when consistent with the Comprehensive Plan. Variances must not alter the essential character of the
area.
The character of the Bliss Addition is residential lakeshore development on small lots, with structures
ranging from small cabins to large homes. The essential character of the area is changing, as smaller homes
and cabins are expanded or replaced with larger homes. Larger homes have been allowed in the area so long
as they meet the general intent of the Development Code by addressing environmental and aesthetic concerns
such as landscaping, screening, stormwater management, and alternative wastewater treatment systems.
The adopted Comprehensive Plan calls for Recreational Development lakeshore densities consistent with the
2.5 acre lot size standard, but it does not address the unique situation of the Bliss Addition where lots were
subdivided before adoption of a Comprehensive Plan. The Plan emphasizes the value of natural resources
and scenic views in Scandia.
The draft 2030 Comprehensive Plan, not adopted by the City, addresses lakeshore traditional areas that
includes the Bliss Addition. The goal for such areas is, "To maintain the established pattern of small-lot
residential development in lakeshore areas while improving stormwater management and land stewardship
practices."
ACTION REQUESTED:
The Planning Commission can recommend:
1. Approval
2. Approval with conditions
3. Denial with findings
4. Table the request
Stanek Variance Request Page 5 July 30, 2008
Scandia, Minnesota
PLANNING STAFF RECOMMENDATIONS:
The Planner recommends conditional approval of the variances for lot size of 10,350 square feet; lot width of
75 feet; setback from the Ordinary High Water level (OHW) of 47 feet; right of way setback of 14 feet; and
lot coverage greater than 25%, with the house, deck, and entrance pad not to exceed 25% of the lot and with
pervious pavers not to exceed an additional 12% of the lot; for 19107 Layton Avenue. The Planner
recommends that the proposed deck be removed or relocated to the north. The requested OHW setback
shown is 33 feet, but removal or relocation of the deck would result in an OHW setback of 47 feet.
The Planner's recommendation is based on the following findings:
1) The subject property has been maintained in separate ownership from contiguous parcels and therefore,
as a nonconforming lot, is considered a separate parcel for the purposes of sale or development.
2) A hardship exists because a single family home is an allowed land use in the Agriculture, Shoreland
Overlay Districts, but the existing lot is not big enough to allow for a home that conforms to all
dimensional standards.
3) The lot is a pre-existing lot on which it would be impossible to build a structure that meets the lot size,
lot width, OHW setback, and right of way setback standards.
4) The proposed deck further encroaches on the OHW setback than the proposed house. An alternative
location for the deck exists on the north side of the house, where it would reside outside of the 47 foot
OHW setback established by the house.
5) As proposed, the house, deck, and entrance pad cover 25% of the lot, and pervious pavers cover an
additional 12% of the lot. In combination, these areas cover greater than 25% of the lot. The lot coverage
greater than 25% is a function of the small size of the lot. The lot coverage greater than 25% allows for
reasonable use of the property. Pervious paver areas are not fully excluded from the calculation of lot
coverage because site-specific design detail and installation instructions, and a maintenance agreement,
would be needed to ensure ongoing permeability, and because pervious pavers do not contribute other
benefits of vegetated, uncovered surfaces. The use of pervious pavers is an improvement from traditional
impervious surface for the purpose of protecting water quality.
6) The small size of the lot was not created by the property owner.
7) The proposed home is consistent with the emerging character of the Bliss Addition. It is similar to other
newer homes in scale and placement on the lot.
8) The proposed home is in harmony with the general purpose and intent of the Ordinance to address
environmental and aesthetic concerns, and is consistent with the Comprehensive Plan guidance for
protecting natural resources and scenic views. The use of pervious pavers is a method to protect the
natural environment. The addition of landscaping and preservation of existing vegetation where feasible
protects the environment and scenic view.
The Planner recommends conditional approval of the variances for lot size of 10,350 square feet; lot width of
75 feet; setback from the Ordinary High Water level (OHW) of 47 feet; right of way setback of 14 feet; and
lot coverage greater than 25%, with the house, deck, and entrance pad not to exceed 25% of the lot and with
Stanek Variance Request Page 6 July 30, 2008
Scandia, Minnesota
pervious pavers not to exceed an additional 12% of the lot; for 19107 Layton Avenue. The Planner
recommends the following conditions:
1. That the structure is generally in conformance with the site plan dated June 10, 2008 and amended to
show driveway and patio areas, and with the building plans received by the City of Scandia June 10,
2008, except that the proposed deck is removed, or moved to conform with a setback of 47 feet from the
OHW and side yard setback of 10 feet.
2. That the Applicant apply for a permit from the Carnelian-Marine-Saint Croix Watershed District.
3. That the pervious pavers are designed, installed, and maintained per the manufacturer's
recommendations.
4. That landscaping is planted in the side yards and between the structure and right of way to provide
screening from the neighboring properties and street.
5. That existing vegetation is maintained where feasible, exclusive of any invasive species that may be
present. All standards addressing Vegetation Alterations found within the Shoreland Management
regulations apply.
6. That the connection and use of the 201 system comply with Scandia Ordinance 108, governing the 201
system.
7. That all fees are paid.
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To: Berry Farrington Reference: Pervious Paver Review
Copies To: Sherri Buss 19107 l.uYioo Avenue
Pro', No.: 14059.006
From: Connie TuU|oo, PE Routing:
Date: July24, 2000
The DoUwv/ioQ review for 19107 Layton /\vnouc is huacd on (bcuc suhndKu|»:
|. Certificate o[Survey (with paver areas highlighted) prepared bv Landmark Surveying, lnc_ dated June |O, 2O0Q.
2, Soil Boring Test Report prepared bvTrudc*el| Soil Testing, dated July 15, 2008
3. A4uupave, Qni Eco'Sioue, undNchpuve 50Brocburce.
4. B4mno[Infiltration Testing prepared by American Engineering Test lnc., dated August 3, 2007.
Comments:
}, The soil boring results indicate an 8 inch layer of loamy fine sand topsoil underlain by a 20 inch layer of medium
fine sand (type^A" soil classification) followed bya49inch layer of fine sand with fine silty loam bands. Acerk
test was conducted bn the medium xood layer. This soil layer was found tohcvery well drained and suitable for
infiltration. When iusiuUio8 dbepmneuh|c puvornrot, it is highly n000nnncnded that the soil muhgrodehe located in
this medium fine sand \uyor.
2. The three paver nuu\cha| options shown in the submitted product brochures meet the intent nf the permeable
povcnunn\ ori1cdu, The design o[the producVx) on|cc1cd for the site should rocd the manufacturer's ,oqubccncu\a
for structural stability, base and sub base nou\crio|x, and installation procedures.
It is roconnncudcd that the permeable paver areas be designed to moc1 the following s(onnvvu\e, objectives:
* The sub base should be designed to store and infiltrate an equivalent volume of water consistent with a lawn
area in type & soils for ntonnevents up1nand including the |0U ynurcvout.
* Pavement void area and slope should allow the required volume of water to permeate into the sub base.
* The stored water volume should draw down within 48 to 72 hours into the soil ouh@7adn (no under draius).
3, Detailed installation instructions should be supplied io the contractor, including how compaction and siltation of
the suhgrodcsoils will hc minimized during both tile house and driveway construction. lf the soil suhgrudcvviU
require compaction for structural stability as per the manufacturer's recommendations, an on-site infiltration test of
the compacted soil should hcnc6o/umd.
4. The manufacturer's muinionuncerccoo�ncndu\ionn xbnu]d he followed to maintain the infiltration capacity ofthe
pervious pavement.
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August Z6, 2OU8
Scandia Planning Board
Anne Hur|burt' Administneto,
Re: Stanek Variance Requests
When | read the August 131h, [ountry Messenger article about the Big Marine variance requests it
sounded similar to one adjacent to my home on Big Carnelian Lake. These small lots were platted before
there were shnre|and regulations. Planners and local governments officials back then were not aware of
the effects building homes on these small lots would have on the water resources, HnpefuUytodav's
land use officials are wiser. Local officials must make decisions that weigh the property rights of the
owners of the small lots against those of the adjoining property owners and the public ingeneral.
Washington County and Scandia use the 25% impervious surface standard as an upper limit when ruling
on these matters. Documented studies show that some damage begins to occur to the water resources
when impervious surfaces exceed lO% and serious damage occurs when it exceeds 2596. 8y settling on
25% you are accepting some damage to the water resource. You should be asking for a smaller structure
and something to mitigate the storm water impacts to the lake if you grant these variances. The very
tact that the applicant is asking for four variances should trigger the alarm bells,
The OHVV of94Z2 is often used as a benchmark to determine the low floor elevation of the proposed
structure. | would recommend more than the 2 feet above that level for the low floor. The 500-year
flood elevation is943.9 may bea better benchmark to use than the OHVV. | personally maintain the
outlet to the lake and the channel maintenance downstream but there i» no guarantee that will happen
forever. Storm events are becoming more severe with the change in climate and experts tell us to
expect more extremes in the future.
You should also take into account the adjoining property owners. This granting should not affect their
property values. | would make sure there will not be any storm water impacts onto the adjoining
properties. You should also look at the height of the structure. You should not allow the structure to
block the sunlight during the winter/fall months of the year because it will increase their heating costs.
Once the dust settles these people have to live together as neighbors in your community.
How do you treat the storm water on such a small lot? It looks like most of the area between the
proposed structure and the lake is below the OHVV. This area is marginal at best for infiltration.
Vegetation will be necessary to filter the storm water before it enters the lake. It needs to be something
other than a manicured lawn. You may want to require some sort ofnatural buffer.
The water quality of the lake has a large impact on property values. This may seem like a small impact
but they all add up. | have been an advocate for many smaller projects on Big Carnelian Lake and they
seem to be paying off. The water quality ofBig Marine Lake took an unexpected drop the last few years
and is a concern for many. Not only is Big Marine a local asset but a regional one. It is still one of the
best lakes in the twin cities area. Please do what you can tn keep it that way and perhaps create some
harmony in the area at the same time.
John Bower
Concerned Area Lake Resident
CL\ uLA-1 \ '
September 1. 200O
As a resident of New Gc@ndia for more than 30yearS. | am both diS8pp /]tthe--/
way events are occurring in the COnlrnVnitv. My concerns relate primarily to the current request
for variance On that property described as |Ut0. Block 1, Holiday Beach O8COnU Plat. Since |
have no interest in this lot On a personal basis, my concern in the rno#er relates strictly to my
past experience in the matter 0f maintaining water quality and healthy economic development in
the community.
In the early 1980s, John Jurgens who was then our County Commissioner asked me to become
a member ofthe newly formed Housing Redevelopment Authority (HRA). In addition to some
relatively basic functions such as fuel 8SSi3t8nCe and monitoring Section-8 housing CDDtr8cts,
the primary focus Of the organization at that time was to attempt {o find o solution tn the extreme
flooding on Big Marine and Big Carnelian lakes, The actual vvntar level at that time On Big
Marine Lake was measured a1 approximately 840 and 947 feet ASL. For those people who
were not residents at the time, on indication of the seriousness of the situation can be gauged
by understanding that the present control level of the |8ka is approximately 942.4 f8e{ ASL
The flooding problem a1 that time was compounded by an extreme degree of pollution to both
lakes resulting from flooded septic systems, fuel tanks and a variety of other problems
stemming from the flooding and the inundating of what had been residential development along
the lake shores. The county board requested our agency (the HRA) to investigate the
possibilities of establishing a community sewer system that would prevent such pr0b|8nl3 from
recurring in the future, thus assuring that the rnaxirnunn clean water level attainable under the
circumstances would be maintained.
After more than two years of work and analysis Our board was tasked by the county board to
establish the largest geographic tax |nCnarnent financing (T|F) district in the state Of Minnesota.
Using the good faith and credit of Washington County as well as months of value analysis of the
existing situation and what we proposed and projected vvOu|d be the future result of lake Cnnt/n|,
we sold bonds to establish a controlled overflow that would 8U0vv us to maintain the |@k8 level at
its present elevation Of942.4 fC8tASL.
With the good faith ands credit of the County as bonding noUatera|, we applied for and were
awarded Federal 201 Grant funds to establish community sewer systems for the watersheds of
both Marine and Carnelian lakes.
When the 201 Grant was funded, it was emphasized to u3 that the funds provided and the
� sewage systems to be constructed were in DO way t0 be construed as tools for development.
Rather, like the FEM4 assistance to New Od88n3 after Hurricane K8hin8, the funds were
� intended solely /0 provide relief for property owners with existing residences On both lakes,
Despite some misgivings of the county board about the likelihood of repaying the debt of the
b0ndS, we aC\uG||y retired the bonds 10 years before they were due with G surplus of nearly
$300.000.00, This occurred largely due t the resolution and dedication Of area residents to
maintain and upgrade their properties despite the hardships that most had experienced.
| was then asked to appear before the county board to address the issue of the surplus funds
collected by the T|F district, | asked them k} consider rebuilding the infrastructure damaged by
the years of flooding, which mainly included the road beds in the community.
Since statutes in Minnesota prevent T|F hJOdS from being utilized to blacktop or otherwise hard
surface r08dS, the final surfacing of the roads was done by assessment but the roads
themselves were largely paid for by the increased property values and new construction that our
board forecast and projected accurately based on our cumulative years of experience in the
various fields of real estate in which most 0fuSwere employed.
When the lake control and the sewer systems were in p|8Ce. | tendered rny resignation from the
HRA board. However, Dennis Hegberg our current County Commissioner asked me to serve on
the watershed board for Carnelian Marine watershed district, which | accepted. | served Onthe
board for 8 number of years as a rnornb8r and |8{8[ as its chairperson. During that time we
established a lake monitoring procedure that I believe is still in use at the present time.
For the past 28 years of my career, | have been g professional real estate appraiser, 8
commercial bankor, a developer and a property owner specializing in C0nnnl8[Cia| and Sub
development properties. In addition, | have been qualified by the courts in approximately 1/3Of
the counties in Minnesota as well as S8v8D or eight states across the country, as an expert
vvi1OeSS in rna1\8rs of real estate va|ueU0n, development and related areas. |'nl reasonably
� certain that my background gives rnB at least as much expertise in the area of land use as
Sevon]| of our elected officials and paid staff employees, who appear to be on 8 rDisSiOO Of
desperately attempting, in this ooso, to allow development Onwhat is clearly substandard |o1
based on our own ordinances.
As Dave Hebert. | think will agree. |avva are essentially formulated with three inherent
charaC1eristics, these being a: the letter nfthe 6nw/, lb: the spirit ofthe law and c: the intent Ofthe
law. Meeting only the letter of the law bvitself does not meet the criteria 0f ethical propriety,
| find it both disturbing and iDt8||eCtu8||y insulting that officials elected to represent the best
� interests of the citizens of the community are attempting to and minimize the intent and spirit of
critical requirements contained in our zoning ordinance to a||nvv this and other borderline
development \ooccur.
My friend John BOvver, with vvhDrn | served On the C/K4 watershed board and who is the |nngSn1
running chairperson of that board Sent a letter to the city, dated AUQUSt 26. 2008. addressing
� this matter, doted. John correctly points out several important and serious issues that our
�
elected officials should be aware of or should have made themselves aware of.
�
John also brings up the issue of valuation damages to adjacent or peripheral property owners,
an /SSu8 which | have had extensive litigation oxp8hoDC8 in over the years. If this becomes an
issue here, | have offered the services of my firnl, pn]'b0Oo, to any area property owner who it
can be determined, has Suffered property damage as 8 result ofthe City's aChOD5 in this and
related matters.
David M. Berg
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