7.b)1) Variances for Lot Size and Setbacks to Allow Contruction of a Single Family Dwelling at 19770 Maxwell Ave. Tim Bolton, Applicant , '
Meeting Date: 04/19/2011
Agenda Item: �'
�, � .� �J
City Council Agenda Report
City of Scandia
14727 209th St. North
Scandia, MN 55073 (651)433-2274
Action Requested: As recommended by the Planning Commission, approve the
application of Timothy Bolton for a Variance to allow construction of
a single family home at 19780 Maxwill Avenue N.
Deadline/ Timeline: 120-day review period expires Mayl6, 2011.
Background: • The Planning Commission held a public hearing on this
application at its April 5 meeting. The report prepared by the City
Planner is atta.ched.
• The Commission recommended approval of the variance, with
findings and conditions as recommended by the Planner which
have been have been incorporated into a draft resolution for the
City Council's use.
Recommendation: I recommend that the Council adopt the resolution approving the
Variance.
Attachments/ • Draft Resolution No. 04-19-11-02
Materials provided: . Minutes of Apri15, 2011 Planning Commission Meeting (Not
Approved)
• TKDA Memorandum dated Mazch 31, 2011, with attachments
Contact(s): Timothy Bolton(651 653-6951)
Sherri Buss, City Planner(651 292-4582)
Prepared by: Anne Hurlburt, Administrator
(Bolton Variance)
Page 1 of 1
04/12/11
CITY OF SCANDIA, MINNESOTA
RESOLUTION NO. 04-19-11-02
VARIANCES FOR 19780 MAXWILL AVENUE NORTH
WHEREAS, Timothy Bolton has made application for variances to allow construction of
a new home, located at 19780 Maxwill Avenue North, Property ID 2903220110014; and
WHEREAS, the property is legally described as follows:
That part of the South Half 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 Government Lot 4; thence on an azimuth from north 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 1026.50 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 397 feet
(395.99 feet measured) to a point on the east line of parcels described in Document Nos. 206409,
347569 and 485561, as evidenced by iron pipe monuments called for in said descriptions; thence
on an azimuth of 180 degrees 01 minutes 50 seconds along said east line a distance of 9.34 feet
to a found iron pipe monument, said point hereinafter referred to as Point A; thence on an
azimuth of 327 degrees 29 minutes 43 seconds a distance of 116.58 feet to a found iron pipe
monument for the point of beginning of the parcel to be described; thence on an azimuth of 90
degrees 13 minutes 57 seconds, parallel with the north line of said Government Lot 4, a distance
of 50.00 feet; thence on an azimuth of 147 degrees 29 minutes 43 seconds a distance of 115.23
feet to the intersection with a line on an azimuth of 88 degrees 54 minutes 43 seconds from said
Point A; thence on an azimuth of 268 degrees 54 minutes 43 seconds a distance of 49.28 feet to
said Point A; thence continuing on an azimuth of 268 degrees 54 minutes 43 seconds a distance f
approximately 248 feet to the shoreline of Big Marine Lake; thence northerly along said shoreline
a distance of approximately 125 feet to a line which is on an azimuth of 270 degrees 13 minutes
57 seconds from the point of beginning; thence on an azimuth of 90 degrees 13 minutes 57
seconds a distance of approximately 256 feet to the point of beginning; and
WHEREAS, the Planning Commission reviewed the request at a duly noticed Public
Hearing on April 5, 2011, and has recommended approval for the variance to allow a structure
setback of 82 feet from the required Ordinary High Water level (OHW) for the residence, a lot
1
Resolution No.:04-19-11-02
Page 2 of 3
size of 23,500 square feet, a lot width of 100 feet, and a variance from the minimum requirement
for frontage on a public road,
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 Timothy Bolton for a variance from the required setback
from the Ordinary High Water (OHW) level, from the minimum lot size and width requirements,
and from the minimum requirement for frontage on public roads, based on the following
findings:
1. A hardship exists because a single family residence is a reasonable permitted use for
parcels located in the General Rural District. A roadway access and septic system are
required for a single family residence, and therefore the variance shall provide for these
elements.
2. The small size and width of the lot were not created by the property owner, and the lot
was created before the standards of the current Development Code.
3. The essential character of the locality is lakeshore with single family residences, similar
in character to the request. The development will comply with the Development Code
standards for lot coverage and building height; physical characteristics that help define
the essential character of the locality.
4. The applicant has demonstrated that the existing roadway easement that is part of the
property will provide adequate access to a public roadway for the proposed use.
5. If the conditions of approval are followed, the request is in harmony with the
Comprehensive Plan's goals and policies for the General Rural District and Shoreland
Overlay Zone. The Plan recommends that the General Rural District provide for a rural
residential area of mixed lot sizes, and that the requirements of the Shoreland Overlay
zone and performance standards in the code be implemented to protect surface water
quality and natural resources.
FURTHER BE IT RESOLVED, that the following conditions of approval shall be met:
1. The Final Plans shall be substantially in conformance with the plans submitted to the City
on March 17, 2011, except as modified by the conditions of approval.
2. At the time of building permit application, the Applicant shall provide a final site plan
showing that the lot coverage does not exceed 25%.
3. The Applicant shall provide a landscape plan identifying any trees or natural vegetation to
be removed, and indicating plans for restoration. The landscape plan shall be submitted
2
Resolution No.:04-19-11-02
Page 3 of 3
to the Zoning Administrator for approval. The Applicant shall apply to the City for an
Administrative Permit if significant trees are proposed for removal.
4. The Applicant shall obtain the required permits for stormwater management and erosion
control from the Carnelian Marine on Saint Croix Watershed District.
5. The proposed residence shall have a lowest floor elevation (including the basement) that
is at least 3 feet above the 100-year flood elevation. The building elevations shall be
verified as part of the building permit.
6. The Applicant shall obtain a permit from Washington County to install the proposed on-
site septic system on the property.
7. The Applicant shall pay all fees and escrows associated with the application.
Adopted by the Scandia City Council this 19th day of April, 2011.
Randall Simonson, Mayor
ATTEST:
Anne Hurlburt, Administrator/ Clerk
3
Apri15, 2011
The Scandia Planning Commission held their regular monthly meeting on the above date.
Commission Chair Maefsky called the meeting to order at 7:00 p.m. Following the Pledge of
Allegiance, roll call was taken. The following were in attendance: Commission Chair Christine
Maefsky, Commissioners Tom Krinke, Steve Philippi and Peter Schwarz. Absent: Planning
Commissioner Jan Hogle. Staff present: City Administrator Anne Hurlburt, City Planner Shem
Buss, Building Official/Maintenance Supervisor Steve Thorp, Deputy Clerk Brenda Eklund.
APPROVAL OF AGENDA,MINUTES
Schwarz, second by Krinke, moved to approve the agenda as presented. The motion
carried 4-0.
Schwarz, second by Maefsky, moved to approve the March 1, 2011 minutes as presented.
VARIANCES FOR LOT SIZE AND SETBACKS TO ALLOW CONSTRUCTION OF A
SINGLE FAMILY DWELLING AT 19780 MAXWILL AVENUE. TIMOTHY BOLTON,
APPLICANT
A public hearing was held for Timothy Bolton's application for variances including lot size,
setback from the Ordinary High Water level (OHW) and frontage on a public road to construct a
single-family residence at 19780 Maxwill Avenue. The vacant parcel includes shoreland on the
east side of Big Marine Lake and is approximatel�a half acre in size. An easement provides
access to the property via a private driveway off of Maxwill Avenue.
City Planner Sherri Buss presented the planner's report which recommended approval of the
variance application with findings and conditions incorporated into a draft resolution. Planner
Buss reviewed the report which concluded that a single family residence is a reasonable use for
the property located in the General Rural District, and that a hardship not created by the
landowner does exist. Planner Buss stated that the variances granted should be the minimum
needed to alleviate the hardship.
The submitted plans showed that a setback of 82 feet from the OHW is necessary to allow for
placement of the home on the lot, and to meet the requirements for the septic drainfield. Based
on DNR interpretation of the shoreland rules, Planner Buss recommended that the deck and
stairway be removed or relocated to meet the 100-foot setback from the OHW level. The
rationale was explained that a stairway and deck do not meet the hardship requirements for the
proposed reasonable use of the property, and both could be redesigned or relocated to meet the
100-foot setback.
The City Attorney reviewed the easement description and warranty deed and concluded that the
easement provides sufficient access for this property to a public roadway, therefore allowing a
variance for frontage on a public road.
The plans were also reviewed by the Carnelian-Marine-St. Croix Watershed District. Their
requirements for stormwater management and erosion control were included in the conditions of
approval.
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April 5, 2011
Scandia Planning Commission
Page 2 of 5
The Applicant will be required to submit a Landscape Plan identifying any trees or natural
vegetation to be removed, and plans for restoration. An Administrative Permit will be necessary
if significant trees are proposed for removal.
Planner Buss estimated that the initial plans appear to meet the maximum allowable lot coverage.
When final building plans are submitted, lot coverage not to exceed 25% of the total area will be
verified.
Planner Buss concluded the report by presenting the findings and conditions of approval.
Commission Chair Christine Maefsky opened the public hearing at 7:1,8 p.m.
Timothy Bolton, 5310 159`h Street, Hugo, MN.• Applicant Timothy Bolton stated that there will
be a change in the orientation of the septic rock beds as shown on the submitted survey,but that
the volume area will not change. Mr. Bolton confirmed this with Pete Ganzel, of the Washington
County Deparhnent of Health and Environment.
Commissioner Schwarz inquired about the shed located near the shoreline as shown on the
survey. Mr. Bolton stated that the survey is dated 1995 and that the shed has since been removed.
Jim Schmidt,property owner of 19770 Maxwill Avenue: Mr. Schmidt was concerned that the
survey showed a broken line, that being the property line prior to a lot adjustment dispute in
1993, and that the sideyard setbacks may be incorrect. Mr. Schmidt inquired which property line
the planner used in determining setbacks. Planner Buss stated that the solid line is the legal
property boundary, and the sideyard setback of 10-feet is met. This will be verified when a
current survey is submitted with the building plans.
Commissioner Philippi inquired if the setback is determined by the roof overhang. Building
Official Thorp replied that the setba�k is measured to the foundation block.
Mr. Schmidt questioned how the driveway easement to Maxwill Avenue will be improved to
allow for access by emergency vehicles. Building Official Steve Thorp explained that the
applicant will be responsible to meet the requirement that the road be accessible; this does not
mean improvement beyond what now exists. Planner Buss stated that there are no
recommendations for improvements to the driveway.
Eunice Cote,property owner of 19760 Maxwill Avenue: Ms. Cote asked for confirmation about
the location of the easement to allow access to Maxwill Avenue. Mr. Bolton pointed out the
direction of the easement on the survey. The access is via an existing road to the south.
Mr. Bolton asked if relocating the deck and stairs to the northeast corner of the house will meet
the 100-foot setback. Planner Buss agreed that this should meet the required setback, and will be
verified with the final plans.
5
Apri15, 2011
Scandia Planning Commission
Page 3 of 5
Christine Robel, real estate agent for Mr. Bolton: Ms. Robel asked if the broken line on the north
side of the survey indicated the old property boundary. The property owners who were present
stated that the lots were adjusted in 1991, and the broken line indicated the old boundary.
Jim Schmidt: Mr. Schmidt questioned the square footage and number of stories the proposed
house will have. Planner Buss stated that the house is a one-story walkout which is
approximately 3,500 square feet. Mr. Schmidt stated that a house of this size is out of character
to the existing smaller cabins in the neighborhood, and too big to fit in the existing lot.
As there were no additional comments, Commission Chair Maefsky closed the public hearing at
7:38 p.m.
Commissioner Schwarz suggested that Condition#6 be rewritten to state "All fees and escrows
be paid bv the applicant". Administrator Hurlburt indicated that in some instances, another party
may be paying the fees which is acceptable to the City as long as fees are paid.
Commissioner Krinke inquired as to how lot coverage will be determined to be under the 25%
limit. Planner Buss stated that she estimated this value by looking at the plans, but that Building
Official Thorp will verify this when the building permit application is submitted. A permit could
not be issued if the total lot coverage exceeded the 25% limit.
Commissioner Schwarz questioned if the survey, originally done in 1993, was accurate. Planner
Buss replied that City Attorney Hebert was satisfied with the survey at this point. The submitted
survey was updated in 2003.
Commission Chair Maefsky inquired if reducing the size of the house should be pursued in order
to meet the setback requirements. Administrator Hurlburt explained that doing this would reduce
the size of the house by at least half. Asking for a smaller foundation size could result in a taller
house being constructed, which could look like a three-story from the lakeside. There are other
structures in the neighborhood that are closer to the lake.
Commissioner Maefsky stated that there should be assurance that the plans looked at during this
meeting be consistent with the final plans that are submitted for a building permit. City
Administrator Hurlburt explained that the conditions should include a statement that the final
plans be substantially consistent with those submitted for the variance application.
Commissioner Philippi was concerned that it is premature to approve the variance with the
changes to the plans, such as the orientation of the septic rock beds and the relocation of the deck
and stairs. Philippi suggested that the hearing be continued to allow for review of updated plans.
There may be significant changes to site grading and in the floor plan. Administrator Hurlburt
explained that variance approval establishes the basic parameters the applicant is to work with,
and the final architectural plans will determine the placement within these parameters. The
application for the building permit will verify that the parameters are met. Approaching the
6
April 5, 2011
Scandia Planning Commission
Page 4 of 5
application by trial and error is costly. The conditions for approval are consistent with decisions
put forth by the DNR.
Schwarz, second by Krinke, recommended to the City Council to approve the variance
request for construction of a single-family dwelling at 19780 Maxwill Avenue, with the
recommended findings and conditions contained in the planner's report, as amended with
an addition to Condition #6. The motion carried 4-0.
SITE VISIT GUIDELINES
The Planning Commission reviewed the Site Visit Guidelines which were adopted in 2007 to
establish procedures for conducting group visits to sites of issues or applications that come
before the Planning Commission. The Commission discussed having more flexibility in setting
the dates of site visits. It is important to avoid using e-mail to set the meeting times, as that could
be a violation of the Open Meeting Law. City Administrator Hurlburt will rewrite the guidelines
to set site visits as prior to the meeting during Daylight Savings Time and on the Sunday prior to
the meeting during Standard Time. If an alternative is necessary, the Commission Chair will
make that determination, to avoid a chain of e-mails.
REVIEW OF DEVELOPMENT CODE REQUIREMENTS FOR WIRELESS
COMMUNICATION ANTENNAS AND TOWERS (CHAPTER 2, SECTION 4.30)
The Planning Commission continued a review of the wireless communication antennas and
towers ordinance. Planner Buss presented draft amendments which addressed the issues raised at
the March meeting.
A definition of"stealth towers" will be included in the definitions section of the code.
Commission Chair Maefsky recommended that"historic windmill"be added as an example of a
structure that would blend with the landscape.
Commissioner Philippi recommended that visual simulations submitted for construction of new
towers show the overall capacity of additional collocation antennas.
Planner Buss noted the key changes to Section 2, Permits. Adding a new antenna on existing
permitted towers will require an administrative permit, rather than the currently required CUP.
This will encourage collocation.
Towers will be allowed in the Ag Core District, provided they are placed on existing buildings
and utilities where feasible and located to cause minimal disruption to agricultural operations.
The Commission agreed to remove placement in road rights-of-way from the standard in the AG
Core.
The Commission agreed to the priority listing provided in Section 7(C) Preferred Locations. No
changes were noted to Section 7(D) Preferred Support Structures.
7
Apri15, 2011
Scandia Planning Commission
Page 5 of 5
Currently the ordinance allows for towers up to 300 feet in height. The draft will revise this to no
taller than 150 feet, with a one-mile separation limit. The Planner's memo included information
from Steve Stulz, AT&T representative, which addressed tower height and coverage area. A 150'
tower can service an area of 3-4 square miles. A 75' tower generally serves one square mile. It
would take 3 to 4 75' towers to cover the same area as a 150' tower. A 75' tower can
accommodate one antenna, whereas a 150' tower can collocate up to three antennas.
Commissioner Schwarz would be in favor of a lower number of taller towers to meet coverage
requirements. The Commission requested that Mr. Stulz be consulted as to the separation.
requirement for towers in the 150-195' range.
In Section (9) Performance Standards, Planner Buss explained that lot sizexequirements were
replaced with setback requirements of the underlying zoning district, and that stealth towers not
to exceed 75' are the only type allowed within '/4-mile of State Highway 95, along a designated
Scandia scenic by-way, or within the Historic Village Area.
Commission Chair Maefsky suggested the setbacks be changed back to at least what is current,
that being 300 feet from any residential dwelling other than the dwelling on which the tower is
located.
The Commission agreed to review another round of edits at their May meeting. Planner Buss will
prepare a clean version, along with a red-lined version of the cunent ordinance.
Commissioner Philippi stated that Scandia's cell tower requirements should be closely compared
to adjoining communities, to avoid having too lenient of rules which could encourage
construction of towers which service more customers outside of the Scandia area. He would not
like Scandia to be a magnet for cell tower construction.
ADJOURNMENT
Schwarz, second by Krinke, moved to adjourn the meeting. The motion carried 4-0.
The meeting adjourned at 9:03 p.m.
Respectfully submitted;
Brenda Eklund
Deputy Clerk
8
T KDA 444 Cedar Sheet,Suite 1500
Saint Paul,MN 55101
�� .
The rigLe time.The right people.The right compat{g (651)292-4400
(651)292-0083 Fax
www.ticda.com
MEMORANDUM
To: Scandia Planning Commission Reference: 19780 Maxwill Avenue North
Variance Request
Scandia File Number 2011003
Copies To: Anne Hurlburt, City Administrator
Timothy Bolton
Roy and Camille Vandeveer Proj. No.: 14811.003
From: Berry Farrington, AICP Routing:
Date: March 31, 2011
SUBJECT: Variance Request for 19780 Maxwill Avenue (new address)
MEETING DATE: April 5, 2011
LOCATION: Part of the South Half of Government Lot 4, Section 29,
Township 32 North, Range 29 West
19780 Maxwill Avenue North
Scandia, Minnesota
APPLICANT: Timothy Bolton
ZONING: General Rural District (GR), Shoreland Overlay District
60-DAY PERIOD: May 16, 2011
ITEMS REVIEWED: Application, Plans and Elevations (submitted 2/8/11 and 2/25/11 and revised
3/17/11), Warranty Deed, and Certificate of Survey dated January 2, 2003
BRIEF DESCRIPTION OF THE REQUEST
The Applicant requests variances for the following: minimum lot size, required setback from the Ordinary
High Water level (OHW), and minimum requirement for frontage on public roads to allow for construction
of a single-family residence.
The subject property is a vacant parcel on the east side of Big Marine Lake. Big Marine Lake is classified as
a Recreational Development Lake, and the OHW level is 942.2 feet. The parcel includes shoreland on Big
Marine Lake, with access via a private drive. The subject property is within the General Rural District (GR)
and Shoreland Overlay District. The land area above the OHW is approximately 23,500 square feet
(approximately a half acre). There is an existing shed on the property,but no existing residence.
An Employee Owned Company Promoting AHirmative Action and Equal Opportunity
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Maxwill North Variance Request Page 2 March 31, 2011
Scandia, Minnesota
BACKGROUND
Chapter 1, Section 6.3 of the Scandia Development Code describes the criteria for granting variances. It
states that variances are 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" as used in connection with variances, means that the property cannot be put to a reasonable use if
used under the conditions allowed by the Official Controls; 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 locality, adversely affect public services or diminish property values in the
neighborhood.
OVERVIEW OF FINDINGS AND RECOMMENDATION:
The Planner finds that a single family residence is a reasonable use for a residential property in the General
Rural District. The lot is an existing lot and is too small to meet the development code requirements for this
reasonable use. Therefore, a hardship exists. The hardship was not created by the landowner. The Planner
recommends that variances be granted to allow for construction of the residence. The variances granted
should be the minimum needed to alleviate the hardship,based on the development code requirements and
recent Minnesota Supreme Court rulings regarding variances.
The Planner recommends that a variance be granted to construct the home with a setback of 82 feet from the
OHW level of 942.2 feet; that a variance be granted for the size of the existing lot, and that a variance be
granted from the minimum requirement for frontage on a public road. The applicant has provided evidence
that access for the proposed use is provided to a public roadway by an easement that is part of the property
and gives the property access rights. The Planner recommends that the deck and stairway at the southwest
corner of the house be reduced in size, redesigned or relocated to meet the 100-foot setback requirement
from the OHW level. The Planner recommends some additional conditions to manage the stormwater and
vegetation on the property to protect the water and habitat quality of Big Marine Lake.
DETAILED EVALUATION OF THE REQUEST:
Comprehensive Plan
Variance requests are evaluated for consistency with the Comprehensive Plan. The subject property is within
the General Rural District and Shoreland Overlay Zone identified in Scandia's Comprehensive Plan, adopted
March 2009. The General Rural District was established to provide for a rural residential area of mixed lot
sizes. The Shoreland Overlay Zone was established to preserve and protect surface water quality through
cooperation with watershed organizations and the Minnesota DNR, and to encourage residents of shoreland
areas to improve stormwater drainage. The Planner interprets the request to be in general harmony with the
Comprehensive Plan.
Proposed Use
Single-family residential use is a permitted use in the General Rural District and in the Shoreland Overlay
Zone.
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Maxwill North Variance Request Page 3 March 31, 2011
Scandia, Minnesota
Lot Size and Width
The Shoreland Management Regulations require a minimum lot size of 2.5 acres for new lots on Recreational
Lakes, and require that all other lots conform in size and width with the standards in the underlying zoning
district. The lot at 19780 Maxwill Avenue is an existing lot of record in the General Rural (GR) District (not
a new lot), and the minimum lot size requirement in the GR district is 2.0 acres. Therefore, the required
minimum lot size for the proposed use is 2 acres. The existing lot at 19780 Maxwill is 23,500 square feet in
area (.54 acre) above the OHW level. A variance is requested to allow for development of a residence on the
existing lot that is 23,500 square feet in area.
The Shoreland District setback requirements for structures and on-site septic systems, and the applicant's
proposed setbacks (revisedplan submitted on March 17, 2011) are summarized below:
Setback Develo ment Code Pro osed House Pro osed Deck and Stairs
OHW 100 feet 82 feet (revised plan submitted Stair-70 feet
March 17, 2011) Deck-80 feet
Right of Way 40 feet N/A N/A
of public street
or other roads
Front Setback 40 feet 50 feet ("frontage" is the boundary N/A
of a lot that faces a public street or
rivate road)
Rear Setback 50 feet N/A
Side yard 10 feet (existing 10 feet and 12 feet N/A
parcels less than 1.0
acres in size)
The a�plicant is requesting a variance from the setback for the house and deck to allow setbacks of 82 feet
for the house and 80 and 70 feet for the deck and stairwav, respectively�The proposed on-site septic system
meets the code setback requirements from the OHW level.
Staff discussed the requested variances for setbacks with Minnesota DNR staff. Based on the DNR
interpretation of the shoreland rules, and recent Minnesota Supreme Court decisions regarding variances, the
DNR indicated the following:
• The DNR recommends that the stairway be moved or redesigned to meet the 100-foot setback
requirement. A stairway in the proposed location is not required for this use.
• The DNR recommends that the deck be redesigned or relocated to meet the 100-foot setback
requirement. A deck is not required for the proposed residential use.
• When the initial plans were received from the applicant (February 25, 2011) the plans showed a 75-
foot setback from the OHW to the closest point of the house. Staff requested that the house be moved
as far to the east as possible to try to meet the 100-foot setback requirements, while maintaining the
required separation between the drainfield and the house, and the drainfield and the access drive. The
applicant responded by moving the house to increase the setback to that the 82-foot distance shown
on the revised plans (March 17, 2011). The DNR indicated that a variance to allow the 82-foot
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Maxwill North Variance Request Page 4 March 31, 2011
Scandia, Minnesota
setback could be granted if this is the minimum setback that allows for the house and drainfield, since
a drainfield is required for the proposed use.
City staff concur with the DNR that any variance granted be the minimum variance required to allow the
proposed reasonable use. There is no hardship that would provide a rationale for granting a variance for the
stairway and deck, as both could be redesigned or relocated to meet the setback requirements. There is a
sufficient rationale to grant the variance from the required setback for the residence, since an on-site septic
system that meets County and City standards is required for that use. Staff therefore recommended
conditions that the stairwav and deck be redesi�ned to meet the 100-foot setback reguirement, and that the
variance allowin�an 82-foot setback from the OHW level be approved.
Lot Coverage
The maximum allowable lot coverage is 25% of the total lot area above the OHW. Twenty-five percent of
the lot area is 5,875 square feet. The applicant has not indicated the area of impervious surface on the
revised plan submitted on March 17. The planner estimates that the impervious areas total approximately
5,790 square feet on the revised plan (house, stairs and deck-3,900 square feet; driveway-1850 square
feet; and proposed shed--54 square feet). The proposed home and driveway appear to meet the impervious
surface requirement. The applicant should provide an accurate calculation of the impervious area for all
proposed impervious surfaces shown on the plan at the time of the buildin�permit application. The
maximum impervious coverage shall be 25% of the total lot area above the OHW level.
Building Height
The maximum height allowed by the Zoning Ordinance is 35 feet. The development code definition of
Building Height requires that the height be calculated as "The vertical distance from the average of the
highest and the lowest point of the grade for that portion of the lot covered by the building... to the mean
height between eaves and ridge for gable, hip or gambrel roofs." Based on this definition, the height of the
proposed residence is 23'. The proposed structure meets the hei ht requirements of the ordinance.
The Planning Commission may also be interested in the height of the structure as it will be viewed from the
lake and from the access drive. Based on the elevations submitted with the plans, the height of the proposed
residence would be 33 feet from the ground to the highest point on the roof from the back elevation (lake
side) and 24 feet in height from the ground to the highest point on the roof when viewed from the front
elevation.
Minimum Requirement for Frontage on Public Roads
The development code requires that lots under 3 acres in size in the General Rural District have a minimum
frontage of 160 feet on a public roadway. The lot proposed for development is not located on a public
roadway,but has an existing easement that may provide access to a public street. The width of the lot at the
easement is approximately 115 feet. The applicant has submitted a copy of the easement description, and a
copy of the warranty deed.
The City Attorney reviewed the information provided by the applicant, and indicated that the information is
sufficient to determine that the easement provides access for this property to a public roadway. The Planner
recommends that the applicant be granted a variance from the requirement for fronta e� on a public roadway
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Maxwill North Variance Request Page 5 March 31, 2011
Scandia, Minnesota
based on access provided by the easement shown on the certificate of survey and deed for the propertv. The
variance meets the hardship requirement because an access is necessary for a residential use of the propertv.
Vegetation Alterations
The Shoreland Ordinance requires that there be no cutting or removal of trees over six (6) inches in diameter
measured at a point fifty-four inches above the ground level within the required building setback, unless the
trees are dead, diseased, or pose a documented safety hazard. Removal of any trees within the setback area
requires a Certificate of Compliance (COC). The COC was changed to an Administrative Permit in the
most recent update of the Development Code.
The Ordinance also indicates that selective removal of natural vegetation may be allowed in the Shoreland
zone, provided that sufficient vegetative cover remains to screen structures. Natural vegetation removed
during construction shall be restored after construction is completed.
The Applicant shall provide a landscape plan identifvin�any trees or natural vegetation to be removed, and
indicatin�plans for restoration. The landscape plan shall be submitted to the Zoning Administrator for
��roval. The Applicant shall applv to the City for an Administrative Permit if siQnificant trees are proposed
for removal.
Accessory Structure Standards
The proposed shed conforms to the requirements for accessorv structures. One shed structure up to 120
square feet may be allowed for a lot less than one acre in size in addition to any accessory structures. The
proposed shed is approximately 40 square feet in size. It would therefore be allowed in addition to the
existing shed shown on the plan.
High Water Elevations
The proposed residence will be required to have a lowest floor elevation (including basement) that is at least
3 feet above the 100-year flood elevation (Development Code Chapter 2, Section 3.7, Item 4(F). The
building elevations will be verified as part of the buildin�permit.
Topographic Alterations✓Grading and Filling
Grading or filling is prohibited within the shore impact zone. Grading outside these areas requires a grading
permit. The applicant will be required to follow the land alteration and grading standards included in
Chapter 2 of the Development Code, and obtain a grading permit. Any excavation related to developing a
connection to the lake, or placement of rip rap or grading below the Ordinary High Water line will require a
permit from the Minnesota DNR.
Carnelian Marine on St. Croix Watershed District(CMSCWD)/Storm Water Management
The plans will need to meet the stormwater management requirements of the Development Code (Chapter 2,
Section 3.7).
The applicant's plans were reviewed by the Carnelian Marine on St. Croix Watershed District. The District
noted that the applicant will be required to obtain a permit for stormwater management and erosion control
13
Maxwill North Variance Request Page 6 March 31, 2011
Scandia, Minnesota
from the District. The permit may require implementation of Best Management Practices (BMP's), such as
lakeside buffers, to protect the quality of Big Marine Lake. The Planner has included a condition that the
Applicant obtain the required permits for stormwater mana�ement and erosion control from the CMSCWD.
Minnesota Department of Natural Resources
Plans were forwarded to the Minnesota Department of Natural Resources for comment. Setback issues were
discussed with DNR Waters staff on March 24, 2011, and comments incorporated in this staff report. No
additional comments were received as of March 31, 201 l.
Wastewater Treatment
The a�plicant will need to obtain a permit from Washington Count �}�Department of Health and Environment
to install the proposed on-site septic svstem on the propert� The applicant has submitted soil test results for
the proposed sewage treatment area identified on the plan. County staff indicated that there is room for a
primary and secondary mound sized for a three-bedroom residence in the proposed location.
ACTION REQUESTED:
The Planning Commission can recommend that the City Council:
1. Approve the request.
2. Approve the request with conditions.
3. Deny the request with findings.
4. Table the request in order to obtain additional information.
PLANNING STAFF RECOMMENDATIONS:
The Planner recommends approval of variances for the following:
• A structure setback of 82 feet from the required Ordinary High Water level (OHW) setback of 100
feet for the residence;
• A lot size of 23,500 square feet, and lot width of 100 feet; and
• A variance from the minimum requirement for frontage on a public road for the proposed residence
located at 19780 Maxwill Avenue North, City of Scandia.
The Planner also recommends that the proposed deck and stairways be redesigned or relocated to meet the
100-foot setback requirement from the OHW level, because there is no hardship rationale to support the
requested variance for those structures.
The Planner's recommendation is based on the following findings:
1. A hardship exists because a single family residence is a reasonable accessory use for parcels located
in the General Rural District. A roadway access and septic system are required for a single family
residence, and therefore the variance shall provide for these elements.
2. The small size and width of the lot were not created by the property owner, and the lot was created
before the standards of the current Development Code.
14
Maxwill North Variance Request Page 7 March 31, 2011
Scandia, Minnesota
3. The essential character of the locality is lakeshore with single family residences, similar in character
to the request. The development will comply with the Development Code standards for lot coverage
and building height; physical characteristics that help define the essential character of the locality.
4. The applicant has demonstrated that the existing roadway easement that is part of the property will
provide adequate access to a public roadway for the proposed use.
5. If the conditions of approval are followed, the request is in harmony with the Comprehensive Plan's
goals and policies for the General Rural District and Shoreland Overlay Zone. The Plan recommends
that the General Rural District provide for a rural residential area of mixed lot sizes, and that the
requirements of the Shoreland Overlay zone and performance standards in the code be implemented
to protect surface water quality and natural resources.
The Planner recommends the following conditions of approval:
1. The Final Plans shall be substantially in conformance with the plans submitted to the City on March
17, 2011, except as modified by the conditions of approval.
2. At the time of building permit application, the Applicant shall provide the Final Plan showing that the
lot coverage does not exceed 25%.
3. The Applicant shall provide a landscape plan identifying any trees or natural vegetation to be
removed, and indicating plans for restoration. The landscape plan shall be submitted to the Zoning
Administrator for approval. The Applicant shall apply to the City for an Administrative Permit if
significant trees are proposed for removal.
4. The Applicant shall obtain the required permits for stormwater management and erosion control from
the Carnelian Marine on Saint Croix Watershed District.
5. The proposed residence shall have a lowest floor elevation (including the basement) that is at least 3
feet above the 100-year flood elevation. The building elevations shall be verified as part of the
building permit.
6. The Applicant shall obtain a permit from Washington County to install the proposed on-site septic
system on the property.
7. The Applicant shall pay all fees and escrows associated with the application.
15
Washington County, MN 3/22/2011
Washington County, MN
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Locatfon
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��o�y
MAP FOR REFERENCE ONLY
NOT A LEGAL DOCUMENT
This drawing Is a resull ot the comp(IaUon and reprotluction
of land records es lMy appeer in various Washirgton
County ofices.Tha Wawing should be used for reference
purposas onty.Washington CouMy ia nol responsiDle tor any
inaccuracies.
16
Washington County, MN 3/22/2011
Washington County, MN
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Property Information
Property ID 2903220 1 7 001 4 '
LxaOon
�UaSh�it�►gton�
��ounty
MAP FOR REFEREIVCE ONLY
NOT A LEGAL DOCUMENT
Thls drawing Is a resWt of the compilatbn and reproduction
of land records as they appear in various Weshirgwn
Counry oKces.The drawlnp should be used fw reterence
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fnaccurocres.
17
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%%`' ''�"-. Licensed•Land Surveyor,
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• } We hereby cert"xfy that this is a true and corre
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.
84l84,�20FJ3 15:42 651--464-4117 FIRST CHOICE TIT'L_E PAGE 05
� ��������� .
.a,x.'ra�.w�n,u�. - Poli�y�Io.CO 816936
�' ., %�; �lile No. 2439
. � ci�rY oF scArvaia
SCxEDULE B �
' Lzcept�pu� �
T.X�At��t'GO�t0�!@ EXC�tlSA0138�y�s arc not io�sw�cd against�osa;ooets,attox�eys'fe.es, and e�pc�sca resu�ti;ng from-
1. Te�es r�ot pet due�a�ad payable, a�nd s�eciat asaossmeats, if aa�y.
2. Taxes due end�paYable in the year Z9�7 sud prioc yeats are paid in full. .
3. Asscssrnents b�a�rcaftcr levied,
4. Defects,liez�s, ena�mbrances, adverse cla�imia c,r other matte,rs,i�'a»y;cr�at�d, first appearing in the public -
rc�rds, oX attaching subscqucnt to the effeotive dato hereof but p�lor to the date the propoaed Insured �:.
acquuea for vatue o�record the estate or int�rast or mt�rtgage thercon covered by tws Commitment.
5. Any e,nea�aachment,mea�xezx�ent, Qerty walls, or other facts which a corre�t Quzvay of th�premises would
ahaw. ' �
6, Rights pr clairns of p�rties in poesession not shown by the publxo rcoords.
7. Basenaez�.ts, ar claims�f eesernent, not shown hy the public recnrds.
8. ,A.iry 1ien, ar�a t to lica,fc>r services,labor, or rna.terial,b�exetoforc or hereafter fiumia�ed,im�osod by law
at�d not sha�v�a by tha�ublic z'ecord�.
g, .AJI �assassments an.a taxes due ar�d pay�ble in 1997, sad thereafter. :
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1Q.J Subject to road aver a ZO foot strip of laud tt�e west line of said road caseme�t bcir�the east�ae of the
pxoperty deacrlb�d i�Aocument�To. 85�44g.
Courne�r�igned
Autho��ed Signature Sahedule B of this poli�r
�c�z�sists of one�aBe(s)•
F'irst Choice ZYt1e Confpa�y
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� Department of Public
W��(�n �������� Health and Environment
���a� Lowell Johnson
�� �'� (' `1.i' Director
Sue Hedlund
C ITY OF SCP,NDIA DePutY Director
February 4, 2011
Timothy Bolton
5310 159�' St N 0400-11-1
Hugo,MN 55038 GEO: 29-032-20-11-0014
RE; Soil Testing,Part of S '/:oi Government lot 4, Scandia
Soil testing submitted for determination of suitability for sewage treatment has been reviewed.
The proposed sewage treatment area is an approximately 5600 square foot area, 10 feet south of
the north property line and 10 feet west of the east property line. A 12 inch sand base mound
will be required in this area. There is room for a primary and secondary mound sized for a three `
bedroom residence. Due to lot constraints, layout and placement of the residence is very specific.
Land use variances to lot area, structure setbacks, frontage, etc. may be required from the City of
Scandia for construction.
The tested areas should be protected from fill, excavation and grading, since disturbance will void
any approval.
A sewage system in►stallation permit can be issued for this lot upon submission of application,
final site plan, sewage system design and lot approval from Scandia.
If you have any questions,please ca11 me at{651)430-6676.
� .,:.
�,_ _ --
Sincerely, ,
/f , _..
�- `�. �-'''�f J� �%"
�..,.,� G
Pete Ganzel
Senior Environmental Specialist
CC: City of Scandia
Govemment Center • 14949 62nd Street North—P.O.Box 6,Stillwater,Minnesota 55082-0006
Phone: 651�30-6655 • Fax: 651-430-8730 • TTY: 651-430-6246
www.co.washington.mn.us
Equal Emptoyment Opportunity/A�rmative Adion
27
r .��;>'
'g*�msski�i �e�,:. '��,µ�.� f Aitl�r
� 4 A3 �n •Fp, { i� +
fq
' � � 0. .�� �.c���r a`, ,.:.. ... ,
Carneliasi-Mas•isze-St. Croix Waterslzed Dis�rict
Scandia Plaza II•21150 Ozaxk Avenue•P.O.Box 188•Scandia,MN 550T3 •Te1651.433.2150
March 29, 2011
Scandia Planning Commission and City Coi.uicil
14727 209th St.
Scandia, MN 55073
Re: CMSCWD Comment 011-002, Bolton Variance,Maxwill Ave
Sirs and Madams:
Mr. Tim Bolton is requesting a lake setback variance and a lot size variance to build a
single family home on Big Maxine Lake. The project is a single family home of
approxima#ely 3500 square feet shown at small scale on a survey prepared and revised as
of January 2, 2003. The driveway is approximately 2600 square feet. The lot is 27,900
square feet in size and total impervious area is 6100 square feet or approximately 22
percent. The home is set back 82 feet from the ordinary highwater mark.
This project will requu'e a District permit for a variance from the lake setback which
requires the establishment of lakeside buffers. In addition,the project will require
pernuts for stormwater and erosion control. Storniwater managernent may Ue
demonstrated by the preparation of the simplified worksheet available from the District
and achieved through the use of BMP projects as detailed in District guidance documents.
The Dist�ict feels that these actions will mitigate against the effect of increased hardcover
and the encroachment within the normal lake setback and help protect Big Marine Lake,
one of the District's priority waterbodies.
Thanlc you for the opportunity to comment on this proposal and do not hesitate to call
with any conceins or questions.
Sincerely,
Jim Shaver
Administrator
Cc: Aiuie Hurlburt City of Scandia
Steve Thorp City of Scandia
Mr. Tim Bolton
Carl Almer Emmons &Olivier Resources
file
e-mail iShaverCt�CMSCWD.org website CMSCWD.org
28