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05.a PC Staff Report_19750 Maxwill Ave Variance - agenda packet 1 | Page Date of Meeting: March 3, 2026 To: Chair Loeffler and Planning Commission Members From: Jeff Matzke, Consultant City Planner TJ Hofer, Consultant City Planner Re: Variance for Impervious Surface to Encroach on a Wetland Setback and Variance from the Minimum Structure Setback to the Ordinary High Water Level (OHWL) on a Nonconforming Lot for PID 29.032.20.11.0005 and 29.032.20.11.0017 Applicant: Jeremy Imhoff Imprint Architecture and Design, LLC Zoning: RR-N, SM-O, FP-O Owner: Jeff and Sharon Jarmoluk Future Land Use: General Rural Location: 19750 Maxwill Ave N PID 29.032.20.11.0005 and 29.032.20.11.0017 Review Deadline March 17, 2026 The applicant is requesting approval of a variance to construct a portion of a walkway and driveway on a residential nonconforming lot. The driveway expansion is required due to the replacement and expansion of a nonconforming structure which is the single-family dwelling on the site. Also, a variance from the minimum structure setback to the Ordinary High Water Level (OHWL) of Big Marine Lake is requested. BACKGROUND The applicant is proposing to redevelop two existing lots, both zoned Rural Residential Neighborhood (RR-N) and within the Shoreland Management Overlay (SM-O) District. The redevelopment of the properties triggers a number of requirements. The properties must be combined as both lots are nonconforming per the SM-O. PID 29.032.20.11.0005 contains the existing single-family dwelling on the site. The structure is nonconforming from both the ordinary high-water level setback and the side yard setback. The applicant is seeking to replace this nonconforming structure (allowed by statute) and expand the replacement structure (allowed by the Unified Development Code for the side yard setback). The expansion of the structure does require a variance consideration since the request involves an exception from a minimum setback within the Scandia Shoreland Management Ordinance (as identified by Section 3.72). 2 | Page The expansion and improvement of the structure requires that City of Scandia’s Driveway and Fire Apparatus Access Road Requirements. These standards were adopted by the City in May of 2025 and require improvements to the site based on the length of the driveway on the site. PID 29.032.20.11.0017 contains the septic system for the single-family dwelling as well as an accessory structure. Staff have not been able to find any approval for the accessory structure to be constructed, but have observed the structure appearing on historic aerials in 2016. As there was no approval granted, the structure appears to be an illegal nonconformity. There is also a roadway easement across the site as it acts as the driveway for 19760, 19770, 19780, and 19790 Maxwill Ave N. The applicant is also proposing 100 sq. ft. of wetland fill to the southeast of the proposed structure and has been in communication with Carnelian-Marine-St. Croix Watershed District about the fill and the permitting de minimis. Additional information regarding the wetland fill is provided below. The subject area encompasses PID 29.032.20.11.0016 which is owned by the city and serves as a septic field for the properties located at 19760, 19770, and 19780 Maxwill Ave N. 3 | Page Additionally, the city is aware of a historical shoreline violation that the Carnelian- Marine-St. Croix Watershed District (CMSCWD) identified in 2018. The adjacent image is from a presentation from CMSCWD staff to the board in May of 2025. The shoreline appears to have been altered without permits from any entities. This issue is not directly related to the variance, but will need to be addressed before the administrative permit for the expansion of the nonconforming structure can be issued. Staff have reached out to the City Attorney to determine how the issue should be addressed. EVALUATION OF REQUEST Governing Standards There are a number of overlapping standards and reviews that are relevant to the site. Staff have highlighted a number of specifically relevant criteria below. Development of nonconforming lots is allowed through an administrative permit given certain standards are met. Additionally, contiguous, commonly owned parcels that do not meet standards specified in both the UDC and Shoreland Ordinance, must be combined to achieve a parcel that is as conforming as possible. As detailed below, the site will meet these standards once the properties are combined. Variances have seven specific criteria that need to be met to achieve a practical difficulty, as established in the UDC. The request for the variance is specifically for the driveway and a portion of walkway to allow for impervious surfaces to encroach into the setback of a wetland and for the structure from the minimum required 100-foot structure setback to the OHWL of Big Marine Lake. Conditions are recommended at the end of the staff report, but staff notes that conditions on the variance request must be directly related to and bear a rough proportionality to the impact created by the variance. Existing Conditions The existing lots are a nonconforming lots in the RR-N base zoning district, the SM-O, and the FP-O. Lot standards are detailed below with the proposed conditions of the lot. Nonconforming standards are shown in bold text. 4 | Page RR-N SM-O PID 29.032.20.11.0005 PID 29.032.20.11.0017 Minimum Lot Size (sq. ft.) (Existing Lot of Record) 40,075.2 40,000 7,142 67,525 Buildable Area (ac.) 1.00 N/A 210 sq. ft. 1,100 sq. ft. Minimum Lot Width (ft.) 150 160 38 99 Lot Frontage (ft.) 100 N/A 0 138.24 Setbacks (ft.) Front/Street 40 N/A 103.2 472.2* Side 10 N/A 7.8 20.6* OHWL 100 100 51.9 80.5* Maximum Lot Coverage 25% 25% 16.2% 11.1% Manage 1 Wetland Setback N/A 75 56.5 43.8* *Based on existing illegal nonconforming structure Both existing parcels are nonconforming for multiple reasons. Neither parcel by itself can be developed without a variance based on 66% minimum for lot size (26,400 sq. ft.) and lot width (105.6 ft.) within the UDC and Shoreland Ordinance. However, the applicant is required to combine the parcels by both state statute, the UDC, and the Shoreland Ordinance. When combined, the parcels meet the minimum dimensional standards for development for a nonconforming lot with an administrative permit. The existing parcels have very little buildable area on the site as setbacks from property lines, the OHWL, and the wetlands as well as the roadway easement overlap in multiple locations. The single-family dwelling on PID 29.032.20.11.0005 has nonconforming setbacks from both the OHWL and side yard setbacks. Additionally, a concrete pad exists on the eastern side of the site that encroaches into the setback for the Manage 1 wetland on the south side of the site. Further, the driveway that serves the site and properties to the north encroaches into the wetland setback to varying levels throughout the site. Structure setbacks for the accessory structure on PID 29.032.20.11.0017 are met aside from the OHWL and wetland setback, however, as noted previously, staff believe the structure to be an illegal nonconformity due to its placement within the OHWL setback. 5 | Page Proposed Conditions The proposed lot will remain a nonconforming lot. Lot standards are detailed below with the proposed conditions of the lot. Nonconforming standards are shown in bold text. RR-N SM-O Proposed Conditions Minimum Lot Size (ac.) (Existing Lot of Record) 40,075.2 40,000 73,891 Buildable Area (ac.) 1.00 N/A 210 sq. ft. Minimum Lot Width (ft.) 150 160 137.1 Lot Frontage (ft.) 100 N/A 138.24 Structure Setbacks (ft.) Front 40 N/A 450.3 Side 20 N/A 8.0 OHWL 100 100 51.9 Impervious Surface OHWL Setback N/A 100 51.9 Maximum Lot Coverage 25% 25% 25.00% State statute requires that contiguous nonconforming lots under the same ownership within shoreland must be combined to achieve as much conformity as possible. Once combined, the lot is legally nonconforming due to buildable area and minimum lot width. Staff has included a condition that the lots be combined. The proposed principal structure is a single-family dwelling. The dwelling encroaches into the OHWL setback by 48.1 ft. (51.9 ft. setback). The illegal nonconforming accessory structure is indicated on the southwest side of the lot. The structure should be removed as it is an illegal structure. The applicant is proposing to fill a small portion of the wetland, 100 sq. ft., that includes a pipe that outlets near the shoreline. The pipe shall be modified to still serve the wetland. The fill has been coordinated with Carnelian-Marine-St. Croix Watershed District (CMSCWD). Staff understands based on communication from CMSCWD that the proposed fill does not exceed the allowed de minimis for the wetland and therefore does not require a permit. 6 | Page The proposed driveway includes a turnaround and pullout that are required by the city’s Driveway and Fire Apparatus Access Road Requirements (Driveway Requirements). The Driveway Requirements require the driveway to be improved for any new structure. The proposed driveway turnaround, and a portion of a walkway leading to the structure, encroaches into the required 75 ft. setback for a Manage 1 Wetland that is located to on the south of the site. The standards require additional improvements to lots that have driveways that exceed 250 ft.: h. If your driveway is over 250 feet long (see Exhibit: A) i. Must provide an approved turnaround that is located a minimum of 50’ from structure and maximum of 150 feet from the structure (see Exhibit: C, approved turnaround design sheet or Exhibit D for alternate for residential Driveway) ii. Must provide a pullout at a minimum of every 400 feet (see Exhibit: B) The proposed turnaround appears to meet the standards established in the Driveway Requirements and will be reviewed by the City Engineer prior to approval of a grading or 7 | Page building permit. The proposed driveway would encroach 37 ft. into the required 75 ft. setback (38 ft. setback). The City Engineer has provided a preliminary comment noting that the turnaround is wider than required to meet the standards. Staff are recommending a condition that the encroaching turnaround be narrowed to meet the minimum required width of 20 ft, where it is currently proposed at 29.9 ft. Staff believe that the reduction in the width will decrease the encroachment into the wetland setback to 40.5 ft. where 38 ft. is currently requested. 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 is a reasonable use of the property. A single-family dwelling is a permitted use in the RR-N and SM-O districts and the city has approved standards for residential driveways that must be met. Allowing for the impervious surface encroachment into the wetland setback allows for the proper access for fire and medical services. Allowing a structure within the structure setback to the OHWL is reasonable given that an extremely limited buildable area of less than 210 square feet exists on the center of the property without the need for setback variances. b. The plight of the landowner is due to circumstances unique to the property not created by the landowner. The size and location of the lots are not directly due to circumstances created by the property owner. Based on the size requirements for the required turnaround the improvement could not be located on the parcel without encroaching on a setback from a water resource. In addition, a reasonably-sized residential dwelling could not be located on the property without encroaching on the wetland or OHWL setback. The proposed house will not encroach further into the structure setback to the lake than the existing primary structure. 8 | Page 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. Nearby properties have similar existing setbacks to Big Mariane Lake and impervious surfaces consistent with the development of residential dwellings and driveways to support access to the dwellings. 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, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. g. The requested variance is the minimum action required to eliminate the practical difficulty. The proposed use is the minimum action required to eliminate the practical difficulty. The applicant has proposed a turnaround that is wider than required by the city’s standards. The turnaround should be reduced to the minimum size as doing so will decrease the encroachment into the wetland setback. The house is proposed to accommodate a reasonable distance from both the wetland (meets the 75 foot required setback) and the lake OHWL (51.9 feet) as proposed. ANALYSIS Review Comments The submittal was sent to city staff and other regulatory agencies for review and comment. 9 | Page Carnelian-Marine-St. Croix Watershed District The Carnelian-Marine-St. Croix Watershed District provided comments (see attached letter) recommending denial of variance at this time. The CMSCWD asks for additional water resource protections and considerations to be made including placement of native buffer vegetation near the lake and wetland areas, tree plantings that align with view corridor and screening standards, shoreline restoration, and erosion control documentation as proportional mitigation conditions of the variance approval. Engineering Department The City Engineer noted that the turnaround may be reduced to 20 feet in width and noted a concern related to proposed contours and drainage on the north side of the property. Fire Department The Fire Chief stated that the turnaround appeared sufficient and that the driveway may be allowed at 10 feet in width provided that a 12 foot clear zone is maintained. Public Works Department The Public Works Director had no comment. Washington Conservation District Washington Conservation District provided no comment. Department of Natural Resources The DNR Area Hydrologist provided comments related to the setback distances from the wetland and lake. These comments request that the OHWL and wetland setbacks be balanced when deciding on the placement of the primary structure. Staff Analysis Staff finds that the proposed plan is consistent with the UDC and Comprehensive Plan. The Comprehensive Plan prioritizes environmental stewardship on lakeside lots, however, for lots to be developed a safe access must be created, and a reasonable buildable area must be allowed. Given the minimum required side yard setback (20 feet), wetland setback (75 feet), and OHWL/lake setback (100 ft) an area of less than 210 sq ft and 12 feet wide. of buildable area exists on the property. This area is not reasonable to construct a primary structure. In addition, stormwater controls are proposed that should capture stormwater created by the new impervious surfaces of the proposed house and driveway by directing them towards new raingardens on the site. The requested setback from the proposed house to the OHWL of Big Marine Lake is consistent with setbacks on adjacent lake properties (The identified average OHWL setback of the 19 closest neighborhood homes is approximately 52-53 feet). The applicant proposes a 51.9 foot setback consistent with the setback of the existing primary structure on the property. 10 | Page The City has no record of approving the existing accessory structure. Without a variance, the structure must be removed. Staff have included that the variance approval be conditional upon the site being in substantial compliance with the site plan submitted to the City, with the revision that the existing accessory structure be removed. An additional variance would be required to allow the accessory structure to remain. COMMISSION ACTION The Planning Commission can do one of the following: 1. Recommend approval, with or without conditions, of the attached resolution. 2. Recommend denial, with findings. 3. Table the request for further review/study. Staff recommends that the Planning Commission recommend approval of the proposed variances. Staff have drafted the resolution for a 48.1-foot variance from the minimum required 100-foot structure setback to the ordinary high water level (OHWL) of Big Marine Lake. Also, staff have drafted the resolution with noting a 40.5 ft. variance encroachment for the driveway into the 75-foot minimum required wetland setback. (This would require an adjustment of the turnaround to a 20 foot width as recommended.) Staff have prepared conditions of approval for consideration: 1. The location and layout of structures and impervious surfaces on the lot shall be substantially consistent with the plans and setbacks submitted to the City and reviewed with this request with the exception of where revisions are required with this approval. a. The encroaching impervious surface shall be reduced to meet the minimum standards required by the Driveway and Fire Apparatus Access Road Requirements, thereby reducing the turnaround width to 20 feet. 2. A grading and erosion control plan shall be submitted to the City for review, showing any areas of soil disruption, construction entrances, building floor elevations, including the garage, and drainage patterns. 3. A driveway permit shall be submitted to the City for approval. 4. If any tree removal is expected to occur, the applicant or owner shall notify the city and include such trees (over 6 inches in diameter) on the survey before trees are removed. Any tree removed without prior review, approval, and replacement determined shall be treated as a “Primary Deciduous, greater than 20 inches in diameter” or a “Coniferous, greater than 24 feet in height,” for replacement purposes depending on the original species. 5. The accessory structure (existing 10’ x 20’ shed) shall be removed as it is an illegal nonconforming structure. 11 | Page 6. The applicant shall secure all applicable permits required from the watershed as well as all local, state, and federal entities. 7. The applicant shall pay all other fees and escrows associated with this application. 8. 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 Commission or Board. 9. The applicant shall record the variance with Washington County within one year of the date when the variance is approved by the City. RECOMMENDATION Staff recommends the Planning Commission: Motion to recommend approval of the attached resolution to approve a Variance to allow for construction of impervious surface within the setback of a Manage 1 Wetland and a Variance from the minimum structure setback to the Ordinary High Water Level (OHWL), with conditions as described by staff within the staff report. Attachments 1. Draft Resolution 2. Zoning Map 3. Certificate of Survey – Existing Conditions 4. Site Plan Survey 5. Lake Setback Exhibit of Neighboring Properties 6. Carnelian-Marine-St. Croix Watershed District Comments, dated February 25, 2026 CITY OF SCANDIA, MINNESOTA RESOLUTION NO. XX-XX-26-XX APPROVING A VARIANCE FOR IMPERVIOUS SURFACE TO ENCROACH INTO A WETLAND SETBACK AND A VARIANCE FROM THE MINIMUM STRUCTURE SETBACK TO THE ORDINARY HIGH WATER LEVEL (OHWL) FOR PARCELS 29.032.20.11.0005 AND 29.032.20.11.0017 LOCATED AT 19750 MAXWILL AVENUE NORTH WHEREAS, Jermey Imhoff, (the “applicant”), on behalf of Jeff and Sharon Jarmoluk (the “owners”), has requested and made an application for a 37-foot variance from the 75-foot Manage 1 wetland setback to allow for an impervious surface and a 48.1-foot setback from the minimum 100-foot structure setback to the ordinary high water level (OHWL), on property located at 19750 Maxwill Avenue North and the property is legally described as See Attachment A; and WHEREAS, the Planning Commission reviewed the variance request at a duly noticed Public Hearing on March 3, 2026, and recommended that the City Council approve the request with conditions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does approve, a 34.5-foot variance from the 75-foot Manage 1 wetland setback to allow for an impervious surface and a 48.1-foot setback from the minimum 100-foot structure setback to the ordinary high water level (OHWL), based on the following findings: 1. The proposed use is a reasonable use of the property. A single-family dwelling is a permitted use in the RR-N and SM-O districts and the city has approved standards for residential driveways that must be met. Allowing for the impervious surface encroachment into the wetland setback allows for the proper access for fire and medical services. The applicant has proposed a turnaround that is wider than required by the city’s standards. The turnaround should be reduced to the minimum size as doing so will decrease the encroachment into the wetland setback. The location of the proposed house is consistent with the OHWL setback to structure setbacks of nearby neighboring properties, and therefore it will not alter the essential character of the locality. 2. The size and location of the lots are not directly due to circumstances created by the property owner. Based on the size requirements for the required turnaround the improvement could not be located on the parcel without encroaching on a setback from a water resource. In addition, the size and location of the house is placed at a reasonable distance from both the wetland and lake areas. The proposed house will not encroach further into the structure setback to the lake than the existing primary structure. 3. Economic conditions are not the sole factor in the variance. 4. The variance is not related to inadequate access to direct sunlight for solar energy systems. 5. The proposed variance will not impair adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. 6. The proposed use is the minimum action required to eliminate the practical difficulty. The applicant has proposed a turnaround that is wider than required by the city’s standards. The turnaround should be reduced to the minimum size as doing so will decrease the encroachment into the wetland setback. The house is proposed to accommodate a reasonable distance from both the wetland (meets the 75 foot required setback) and the lake OHWL (51.9 feet) as proposed. FURTHER BE IT RESOLVED that the following conditions of approval shall be met: 1. The location and layout of structures and impervious surfaces on the lot shall be substantially consistent with the plans and setbacks submitted to the City and reviewed with this request with the exception of where revisions are required with this approval. a. The encroaching impervious surface shall be reduced to meet the minimum standards required by the Driveway and Fire Apparatus Access Road Requirements, thereby reducing the turnaround width to 20 feet. 2. A grading and erosion control plan shall be submitted to the City for review, showing any areas of soil disruption, construction entrances, building floor elevations, including the garage, and drainage patterns. 3. A driveway permit shall be submitted to the City for approval. 4. If any tree removal is expected to occur, the applicant or owner shall notify the city and include such trees (over 6 inches in diameter) on the survey before trees are removed. Any tree removed without prior review, approval, and replacement determined shall be treated as a “Primary Deciduous, greater than 20 inches in diameter” or a “Coniferous, greater than 24 feet in height,” for replacement purposes depending on the original species. 5. The accessory structure (existing 10’ x 20’ shed) shall be removed as it is an illegal nonconforming structure. 6. The applicant shall secure all applicable permits required from the watershed as well as all local, state, and federal entities. 7. The applicant shall pay all other fees and escrows associated with this application. 8. 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 Commission or Board 9. The applicant shall record the variance with Washington County within one year of the date when the variance is approved by the City. Whereupon, said Resolution is hereby declared adopted on this ____ day of _________ 2026. Steve Kronmiller, Mayor ATTEST: Kyle Morell, City Administrator Attachment A All that part of the South Half (S1/2) of Government Lot Four (4), Section Twenty-nine (29), Township Thirty-two (32), Range Twenty (20), described as follows, to wit: Commencing at the Northeast corner of said Lot Four (4), thence South along the East line of Said Lot 1106.5 feet; thence West parallel with the North line of said Lot 397 feet to an iron stake, this being the point of beginning of the tract being conveyed; from said point of beginning running thence South parallel with said East line 40 feet, thence West parallel with said North line 220 feet, more or less, to the shore of Big Marine Lake, thence North along said shore 40 feet; thence East parallel with said North line to the point of beginning, EXCEPT that part of the South Half of Government Lot 4, Section 29, Township 32 North, Range 20 West, Washington Count, Minnesota described as follows: Commencing at the northeast corner of Government Lot 4; thence on an azimuth of 180 degrees 14 minutes 50 seconds, oriented to the Washington County Coordinate System, North Zone, along the east line of said Government Lot 4, a distance of 1106.5 feet; thence on an azimuth of 270 degrees 13 minutes 57 seconds, parallel with the north line of said Government Lot 4, a distance of 395.82 feet to the point of beginning; (said point is on the east line of parcels described in Document Nos. 206409, 347569 and thence on an azimuth of 180 degrees 01 minutes 50 seconds a distance of 9.29 feet; thence on an azimuth of 268 degrees 54 minutes 43 seconds a distance of approximately 210 feet to the present shoreline of Big Marine Lake; thence northerly along said shoreline a distance of approximately 14.71 feet to a line which is on an azimuth of 270 degrees 13 minutes 57 seconds (parallel with the north line of said Government Lot 4) from the point of beginning; thence on an azimuth of 90 degrees 13 minutes 57 seconds approximately 214 feet to the point of beginning. and also a right-of-way in common with others over a strip of land 20 feet in width, as presently established, running from the East line of the above-described tract Easterly over the said S1/2 of Government Lot 4 to the existing town road, to provide ingress and egress to said tract. AND That part of the property described on Document No. 347569 (being Probate Deed to Noyes for part of Government Lot 4, Section 29, Township 32 North, Range 20 West, Washington County, Minnesota) lying southerly of a line drawn parallel with the north line of said Government Lot 4, Section 29, from a point on the east line of said Section 29 distant 1115.94 feet southerly of the northeast corner of said Section 29, Washington County, Minnesota. AND That part of Government Lot 4, Section 29, Township 32 North, Range 20 West, Washington County, Minnesota described as follows: Commencing at the northeast corner of said Section 29; thence south along the east line of said Section 29 a distance of 1115.94 feet; thence west parallel with the north line of said Government Lot 4; on a line hereinafter referred to as “Line A”, a distance of 397 feet to an iron stake as called for in Document Number 347569 as filed in Washington County records, said point also being the point of beginning; thence southerly parallel with said east line of Section 29, a distance of 90 feet; thence easterly parallel with said “Line A: a distance of 175 feet; thence northerly parallel with said east line of Section 29, a distance of 90 feet to said “Line A”; thence westerly along said “Line A” 175 feet, more or less, to the point of beginning. BUT EXCEPT That certain parcel of land described in a Quit Claim Deed from Marlene Anderson to the Town of New Scandia dated July 7, 1998 and recorded December 28, 1998 as Document No. 3020403 in the office of the Washington County Recorder. Abstract Property. 18 8.1 © Bolton & Menk, Inc - Web GIS 0 Legend Big Marine Lake, City of Scandia 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: 2/18/2026 9:29 AM 132 Feet City Limits Parcels 01/19/2026 Lot Lines PWI Basin Public Water Basin Public Water Wetland PWI - Watercourse Aerials2025 Red: Band_1 Green: Band_2 Blue: Band_3 18 8.1 © Bolton & Menk, Inc - Web GIS 0 Legend Big Marine Lake, City of Scandia 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: 2/18/2026 9:58 AM 132 Feet City Limits Parcels 01/19/2026 Lot Lines PWI Basin Public Water Basin Public Water Wetland PWI - Watercourse Aerials2025 Red: Band_1 Green: Band_2 Blue: Band_3 Carnelian-Marine-St. Croix Watershed District 11660 Myeron Rd North • Stillwater, MN 55082 • Tel 651-275-7451 To: Scandia Planning Commission & Counsel From: CMSCWD Board of Managers Date: 2/25/2026 Subject: RE: Jarmalouk Water-Resource Setback Variances - 19750 Maxwill Ave N The Carnelian-Marine-St. Croix Watershed District (CMSCWD) appreciates the opportunity to provide comments on the variance request for the proposed expansion at 19750 Maxwell Avenue North riparian to Big Marine Lake. Big Marine Lake has been identified by the Minnesota Pollution Control Agency and Department of Natural Resources as experiencing impacted biological health being driven by lakeshore development stressors. The requested variance would increase the existing degree of structural nonconformity and represents an intensification of shoreland development at this site. CMSCWD’s review of the application materials indicates that the current submittal and administrative record do net yet include sufficient information to evaluate conformance with all applicable shoreland ordinance standards. Based on the information currently available, several ordinance standards and evaluation criteria do not appear to be fully addressed or supported in the record. The following comments identify areas where additional information, analysis, or clarification would be necessary to support a complete and consistent evaluation of the request. CMSCWD Variance Recommendation Based on the technical review of materials currently available and the administrative record, CMSCWD recommends denial without prejudice of the variance request(s) at this time. CMSCWD supports appropriate redevelopment and would welcome the opportunity to review a revised submittal for reconsideration of this recommendation. Based on the materials currently available, the application and record do not yet appear to: • demonstrate conformance with applicable shoreland ordinance requirements; • clearly address the water-protection considerations identified in Minn. Stat. §462.357, subd. 1e(i); • resolve or meaningfully address known/observed historic shoreland impacts on the property; • include sufficient information to confirm compliance with shoreland vegetation, screening, view corridor, and Shore Impact Zone (SIZ) standards; and Tori Dupre, President ● Fred Rozumalski, Treasurer ● Paul Richert, Secretary Managers: Mike White, Pat Gleason, Ann Warner, & Nick Bancks 2 • incorporate the additional evaluation recommended by DNR related to balancing water resource encroachments. Specific technical comments and recommendations are provided in the sections that follow. Items related to OHWL setback variance: 1. OHWL variance evaluation and proportionality framework: The DNR Area Hydrologist has provided comments expressing concern with the current proposal and recommending additional evaluation, noting the need a more balanced analysis that recognizes disproportionate encroachment into the Big Marine Lake setback (OHWL variance request) as compared to the on-site wetland. City staff have indicated the following as primary evaluation metrics: no further OHWL encroachment, limiting new wetland encroachment, remaining under 25% impervious surface coverage, modernization of site safety/access, and comparing setbacks to nearby parcels. Based on these factors, City staff have indicated they anticipate recommending approval to the Planning Commission and Council. CMSCWD communications with City staff suggest the City does not currently utilize a formal framework for evaluating and assigning proportional mitigation as it relates to water resource impacts. Recommendations: CMSCWD concurs with DNR that the OHWL variance warrants additional evaluation with a focus on water resource protections. CMSCWD recommends the City apply (or develop) a consistent proportionality framework aligned with Minn. Stat. §462.357, subd. 1e(i) and Scandia Shoreland Ordinance §8.0, so the record clearly addresses water resource-oriented considerations, and any conditions of approval are practical, proportional, and enforceable if the variance is approved. 2. Retaining walls in SIZ: Scandia Shoreland Ordinance §8.31(C) allows retaining/boulder walls within the SIZ/BIZ only when documented erosion that requires correction the wall is the minimum necessary size, required approvals for work at or below the OHWL are obtained, and vegetative screening is provided. The current submittal does not clearly document erosion justification, minimum- necessary design rationale, required approvals (if applicable), or a screening plan. Recommendation: Require submittal of erosion documentation, design justification demonstrating the minimum necessary size, , required approvals (if applicable), and a screening/vegetation plan sufficient to confirm compliance. If these elements cannot be demonstrated, revise the site plan to bring the improvement into conformance. Tori Dupre, President ● Fred Rozumalski, Treasurer ● Paul Richert, Secretary Managers: Mike White, Pat Gleason, Ann Warner, & Nick Bancks 3 3. Ground-level boardwalk/platform (“pervious/floating coverage”): The characterization of this proposed feature in the record is incomplete. The City’s shoreland ordinance definition of “structure” (“anything constructed or erected on the ground or attached to the ground…”) indicates the platform may meet the definition of a structure for setback purposes. As shown, a portion appears to extend closer to the water than existing conditions and would increase the setback nonconformity. Recommendations: • Identify the specific ordinance exemption(s) being relied upon if the City intends to treat this as not a structure. • Absent a clear exemption, treat it as a structure that must meet OHWL setback standards. • If allowed, limit the feature to no closer than the existing structure setback and within a clearly defined compliant view corridor. • If the City intends to allow such features closer than setback standards as a policy direction, consider updating shoreland ordinance language to address “water- oriented accessory structures/facilities” with clear limits and resource protections. 4. Screening from the water: Shoreland Ordinance §8.23(A) requires vegetation be maintained or restored so that structures are at least 50% screened as viewed from the waterbody (leaf-on conditions). Existing conditions of the site do not conform with this ordinance, and the proposed plans do not clearly address this standard. Recommendation: Require a landscape plan with vegetation restoration and maintenance requirements demonstrating how screening compliance will be achieved and sustained. 5. View corridor limitations: Shoreland Ordinance §8.23(B) limits view corridors to 50 feet or one-third of parcel width, whichever is less. Existing conditions appear to exceed this limitation, and proposed plans do not clearly demonstrate conformance. Recommendation: Require a landscape plan with vegetation restoration requirements that explicitly identifies the proposed view corridor width and demonstrates compliance with §8.23(B). 6. Tree removal / vegetation compliance verification: CMSCWD notes that the current record does not include sufficient documentation to verify compliance with Shoreland Ordinance §3.42. Reliance on general statements regarding vegetation conditions limits the ability to verify and enforce compliance as outlined in §8.26. Recommendation: Require baseline documentation of existing trees and vegetation within regulated areas (including setbacks and SIZ) and within proposed construction Tori Dupre, President ● Fred Rozumalski, Treasurer ● Paul Richert, Secretary Managers: Mike White, Pat Gleason, Ann Warner, & Nick Bancks 4 limits (including areas subject to erosion and sediment controls) areas tied to inspection and verification. 7. Lakeshore buffer/restoration: The site plan indicates a buffer (an upland area adjacent to a lake, stream or wetland that is maintained at or restored to an acceptable diversity and density of native vegetation) along Big Marine Lake. However, existing conditions within the SIZ and shoreline are primarily riprap, beach, and maintained turf grass, which do not reflect the natural buffer conditions. Recommendation: Require a landscaping plan that restores native buffer vegetation aligned with compliant view corridor and screening requirements, and includes long-term maintenance commitments. 8. Shoreline alteration: Aerial imagery suggests shoreline alterations occurred (approximately 2017–2018 based on aerial photos) that appear to have required agency review/approval (DNR, CMSCWD, and City). The current record does not include documentation of approvals or confirmation that the alterations conform to applicable SIZ grading and riprap standards. Recommendation: City review and written clarification regarding whether prior shoreline alterations comply with applicable ordinance requirements and whether restoration will be required. CMSCWD can provide shoreline restoration design assistance and grant/financial assistance (often 50% of eligible costs) if restoration is pursued. Items related to wetland setback variance: 9. Wetland setback variance – avoid / minimize / mitigate City staff have indicated the driveway/turnaround improvements are necessary to meet current access and safety expectations associated with redevelopment. While some wetland setback encroachment may be unavoidable, the record does not clearly demonstrate that the proposed layout represents the minimum necessary design Recommendations: Minimization: Evaluate opportunities to both reduce turnaround footprint and layout alternatives (narrower drive; detached garage placement closer to shared driveway where feasible) to reduce wetland setback encroachment while meeting standards. Mitigation: Where encroachment remains, require proportional mitigation, such as buffer or native vegetation restoration adjacent to the wetland setback area, to offset incremental loss of buffer or habitat function. 10. Existing buffer condition The site plan indicates a buffer exists adjacent to a Manage 1 wetland; however, existing vegetation conditions are not documented in the record. (Buffer is an upland area Tori Dupre, President ● Fred Rozumalski, Treasurer ● Paul Richert, Secretary Managers: Mike White, Pat Gleason, Ann Warner, & Nick Bancks 5 adjacent to a lake, stream or wetland that is maintained at or restored to an acceptable diversity and density of native vegetation per CMSCWD). Recommendations: Document existing vegetation conditions, identify disturbance limits, and require restoration and maintenance where necessary. Buffer restoration may also serve as proportional mitigation. 11. Stormwater BMP location relative to abandoned septic The plan indicates stormwater management proposed over an abandoned septic area. Recommendation: Confirm abandonment requirements with Washington County and document how any potential contaminated soils or materials will be addressed to avoid human health or water quality concerns. 12. Stormwater routing The plan indicates roof runoff will be guttered and directed to rain gardens. Recommendation: Confirm this commitment in architectural plans and ensure final grading and BMP details are consistent.