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06.e Variance at 19235 Larkspur Avenue North to expand the existing nonconforming structure. Resolution No. 06-16-26-01 1 | P a g e Date of Meeting: June 16, 2026 To: Honorable Mayor and Members of the City Council From: TJ Hofer, Consultant City Planner Greenlee Dahle, Consultant City Planner Re: Variance for Expansion of a Nonconforming Structure with Encroachment into Top of Bluff and Front Setbacks for PID 30.032.20.44.0055 Applicants: Tim & Wendy McLafferty Zoning: RR-N, SM-O Owners: Tim & Wendy McLafferty Future Land Use: General Rural Location: 19235 Larkspur Ave N PID 30.032.20.44.0055 Review Deadline: June 30, 2026 SUMMARY The City Council is asked to consider an application for a variance. The applicant is requesting variance approval to allow for the expansion of a nonconforming structure within top of bluff and front setbacks. Unified Development Code (UDC) Table 153.200.030-9 Front Setback Shoreland Management Regulations Sec. 6.41 Top of Bluff Setback, Bluff Impact Zone The staff report to the Planning Commission from the June 2, 2026, meeting is attached and includes the full background of the request, as well as an evaluation of the request, and an analysis based on the standards in the Unified Development Code. The Planning Commission recommended approval with amended conditions. Proposed Conditions The applicant proposes to build additional living space and an attached garage as an expansion to the existing single-family dwelling. A single-family residence and garage are permitted by-right in the RR-N and SM-O districts. The applicant stated that they believe it is necessary to have a garage so that the steep driveway, which is on a hill, can be plowed in the winter. The front setback from Larkspur Avenue North is requested to keep the garage as far as possible from the bluff area. The submitted narrative is provided as an attachment to this report. 2 | P a g e The proposed redevelopment would remove two accessory structures and add living space and an attached garage to the principal structure. The area where the proposed expansion is located on the site is currently paved. The impervious surfaces would cover less than 25% of the lot, which conforms to RR-N and SM-O standards. The existing parcel is currently located within both the top of bluff setback and the bluff impact zone. The applicant is proposing to add additional living space that will increase the encroachment into the bluff. The Planning Commission should consider the additional living space that encroaches further into the bluff separately from the addition of the garage. The applicant has noted that this area may be cantilevered. Cantilevering would remove the additional ground coverage but would still create additional impervious surface (roof of the structure), which is prohibited in the bluff impact zone. ANALYSIS Review Comments The submittal was sent to city staff and other regulatory agencies for review and comment. Comments were received from the City Engineer, Carnelian-Marine-St. Croix Watershed District, and the Department of Natural Resources. The comments are incorporated into the Planning Commission report or attached. Planning Commission The request was initially heard at the June 2, 2026, meeting of the Planning Commission. A public hearing was held and one comment was made by the applicant regarding the need for the area that encroaches further into the bluff setback for locating a staircase in the structure. The Planning Commission discussed the application and reviewed the conditions. The Commission discussed the protection of the bluff and potential soil conditions that may limit expansion on the bluff. The Planning Commission moved to recommend approval of the request, with amendments. The motion was approved with a vote of 5-0. The Planning Commission recommended to allow for the expansion of the living area, creating a further encroachment into the bluff and bluff impact zone, where a condition was previously included to require this portion of the expansion to be revised. 3 | P a g e Staff Analysis Staff find that the proposed plan is generally consistent with the UDC and Comprehensive Plan, and conditions have been included to address where the proposed plan is inconsistent. Staff included a condition to eliminate the proposed further encroachment into the bluff and bluff impact zone, which the Planning Commission removed. COUNCIL ACTION The City Council can do one of the following: 1. Approve, with or without conditions, the attached ordinance and resolutions. 2. Deny, with findings, the attached ordinance and resolutions. 3. Table the request for further review/study. RECOMMENDATION The Planning Commission recommends approval of the proposed variance. Approval includes a resolution. Motion to approve the attached resolution approving a variance to allow an encroachment into the minimum structure setback to the top of bluff and front setbacks, with conditions as described by staff within the staff report. The findings within the attached staff report and following conditions of approval are recommended: 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. 2. Stormwater management is required to direct water away from the bluff and bluff impact zone. 3. 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 driveway, and drainage patterns. The plan or submittal shall include information that shows that the soil conditions in the area of the expansion can support the proposed expansion. 4. The applicant shall secure all applicable permits required from the watershed as well as all local, state, and federal entities. 5. The applicant shall pay all other fees and escrows associated with this application. 6. The applicant must commence the authorized use or improvement within one year of the date on which the variance is issued. 7. The applicant shall record the variance with Washington County within one year of the date when the variance is approved by the City. 4 | P a g e Attachments 1. Resolution 06-16-26-01 Approving a Variance for Expansion of a Nonconforming Structure at 19235 Larkspur Avenue North. 2. Carnelian-Marine-St. Croix Watershed District comments, dated May 29, 2026 3. Department of Natural Resources comments, dated June 1, 2026 4. Variance for Expansion of a Nonconforming Structure with Encroachment into Top of Bluff and Front Setbacks for PID 30.032.20.44.0055 dated June 2, 2026 CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 06-16-26-01 APPROVING A VARIANCE FOR EXPANSION OF A NONCONFORMING STRUCTURE WITHIN THE FRONT SETBACK, TOP OF BLUFF SETBACK, AND BLUFF IMPACT ZONE FOR PARCEL 30.032.20.44.0055 LOCATED AT 19235 LARKSPUR AVENUE NORTH WHEREAS, Timothy and Wendy McLafferty, (the s and the ), have requested and made an application for an 8.6-foot variance from the 40-foot front lot line setback (31.4-foot setback), a 30.0-foot variance from the 30-foot top of bluff setback (0.0-foot setback), and a variance for the placement of a structure within the bluff impact zone, to allow for expansion of a nonconforming structure, on property located at 19235 Larkspur Avenue North, and the property is legally described as: Lot 15, Block 2, Holiday Beach 2nd Plat, Washington County, Minnesota. WHEREAS, the City of Scandia has adopted the Unified Development Code Sec. 153.200.030 which requires a 40-foot minimum setback for structures from front lot lines; and, WHEREAS, the City of Scandia has adopted Ordinance 198 Shoreland Management Regulations which requires a 30-foot minimum setback for structures from top of bluff; and, WHEREAS, the City of Scandia has adopted Ordinance 198 Shoreland Management Regulations which requires structures to be placed outside of bluff impact zones; and WHEREAS, the Planning Commission reviewed the variance request at a duly noticed Public Hearing on June 2, 2026, and recommended that the City Council approve the request with conditions. NOW, THEREFORE, BE IT RESOLVEDBY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does approve, an 8.6-foot variance from the 40-foot front lot line setback (31.4-foot setback), a 30.0- foot variance from the 30-foot top of bluff setback (0.0-foot setback), and a variance for the placement of a structure within the bluff impact zone, to allow for expansion of a nonconforming structure, based on the following findings: 1. The proposed use is a reasonable use of the property. A single-family dwelling with a garage is a permitted use in the RR-N and SM-O districts. 2. The size and location of the lot is not directly due to circumstances created by the property owner. Based on the overlapping setback standards, the improvement could not be located on the parcel without encroaching on a setback from property lines or the top of bluff. The applicant is proposing to maintain the encroachment into the front (street side) setback. 3. If the variance were granted, it would not alter the essential character of the locality. Structures in the locality generally encroach into property line setbacks. 4. Economic conditions are not the sole factor in the variance. 5. The proposed variance is not related to inadequate access to direct sunlight for solar energy systems. 6. The proposed variance will not impair adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. 7. The proposed variance is the minimum action required to eliminate the practical difficulty. The applicants are proposing to maintain the encroachment into the front (streetside) setback. 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. 2. Stormwater management is required to direct water away from the bluff and bluff impact zone. 3. 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 driveway, and drainage patterns. The plan or submittal shall include information that shows that the soil conditions in the area of the expansion can support the proposed expansion. 4. The applicant shall secure all applicable permits required from the watershed as well as all local, state, and federal entities. 5. The applicant shall pay all other fees and escrows associated with this application. 6. The applicant must commence the authorized use or improvement within one year of the date on which the variance is issued. 7. 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 16th day of June 2026. Steve Kronmiller, Mayor ATTEST: Kyle Morell, City Administrator © Bolton & Menk, Inc - Web GIS0Legend19235 Larkspur Ave NThis 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:5/21/2026 12:50 PM132 Feet