7.b)1) Thompson Variance Meeting Date: 11/15/2011
Agenda Item: �"7� � � �
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City Council Agenda Report
City of Scandia
14727 209�' St. North
Scandia, MN 55073 (651) 433-2274
Action Requested: As recommended by the Planning Commission, approve the
application of LeeAnn Thompson for a variance from the minimum
lot size to allow construction of a single family dwelling at 11085
189�' St. N. (the southeast corner of 189th Street and Langly Avenue.)
Deadline/Timeline: 60-day review period expires December 13, 2011.
Background: • The Planning Commission held a public hearing on this
application at its November 1, 2011 meeting. The report prepared
by the City Planner is attached.
• 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. 11-15-11-02
Materials provided: . Excerpt of Minutes of November 1, 2011 Planning Commission
Meeting (Not Approved)
• TKDA Memorandum dated October 25, 201 l, with attachments
Contact(s): LeeAnn Thompson(651 303-3038)
Sherri Buss, City Planner(651 292-4582)
Prepared by: Anne Hurlburt,Administrator
(Thompson Variance)
Page 1 of 1
11/08/11
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CITY OF SCANDIA,MINNESO`TA
RESOLUTION NO.: 11-15-1i-02
APPROVING VARIANCE FOR 11085-189�H STREET NQRTH
WHEREAS, LeeAnn Thompson has made application for a variance from the minimum
lot size requirement to allow construction of a home and related improvements on two existing
lots, located at 11085 189�' Street North,City of Scandia; and
WHEREAS, the property is legally described as follows:
Lots Twenty-Two (22) and Twenty-Three (23), Block Three, Bliss Plat Second Division,
Washington County, Minnesota; and
WHEREAS, the Planning Commission reviewed the request at a duly noticed Public
Hearing on November 1, 2011, and has recommended approval; and
NO'W, 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 variance to allow a lot size of.95 acre,based on the following
findings:
1. Granting the requested variance is in harmony with the Comprehensive Plan goals and
policies for the General Rural District and Shoreland Overlay District
2. The property owner proposes to use the property for a single-family residence, which is a
reasonable use in the General Rural District and Shoreland Overlay District.
3. The size and dimensions of the lots were not created by the property owner.
4. The proposed lot size and use are consistent with the essential character of the
surrounding General Rural District and Shoreland Overlay District.
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� Resolution No.: 11-15-11-02
Page 2 of 2
5. The request is related to the size of the existing nonconforming lots, not economic
conditions.
FURTHER BE IT RESOLVED, that the following conditions of approval shall be met:
1. The development on the property shall be in substantial compliance with the site plan
submitted to the City on October 10, 2011.
2. The two parcels shall be combined into one parcel, and the deed recorded at Washington
County before construction of the improvements on the property.
3. The applicant shall be allowed to selectively remove natural vegetation, provided
sufficient vegetative cover remains to screen cars, dwellings and other structures when
viewed from Big Marine Lake.
4. The Applicant shall submit a Landscape Plan that meets the requirements of the
Development Code to the City for approval by staff before a building permit will be
issued.
5. The Applicant shall provide a grading plan for proposed improvements on the site, for
review by City staff before a building permit will be issued.
6. The applicant shall hook up to the city's wastewater system at her own expense, and shall
pay all applicable connection and sewer user charges.
7. The applicant shall obtain a Watershed District permit for storm water management and
erosion control if required by the District before a building permit will be issued.
8. The Applicant shail pay all fees and escrows.
Adopted by the Scandia City Council this 15th day of November, 2011.
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Randall Simonson, Mayor
ATTEST:
Anne Hurlburt, Administrator/Clerk
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November 1, 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. The following were in
attendance: Commission Chair Christine Maefsky, Commissioners Jan Hogle, Tom Krinke,
Steve Philippi and Peter Schwarz. Staff present: City Administrator Anne Hurlburt, City Planner
Sherri Buss, Building Official Steve Thorp and Deputy Clerk Brenda Eklund.
APPROVAL OF AGENDA. MINUTES
Krinke, seconded by Schwarz, moved to approve the agenda as presented. The moHon
carried 5-0.
Schwarz, seconded by Krinke, moved to approve the September 6,2011 minutes as
presented. The motion carried 5-0.
PUBLIC HEARING: VARIANCE FROM THE MINIMUM LOT SIZE TO ALLOW
CONSTRUCTION OF A SINGLE FAMILY DWELLING, 11085189 STREET.
LEEANN THOMPSON. APPLICANT.
LeeAnn Thompson has applied for a variance from the minimum lot size to conshuct a single-
family dwelling on two existing lots at 11085 189`�' Street(near 189`�' Street and Langly Avenue).
The property is located in the General Rural District and is within the Shoreland Overlay District
of Big Marine Lake. The combined area of the two parcels is 0.95 acres. Zoning requires existing
lots to be a minimum of 2.0 acres.
City Planner Sherri Buss presented the planner's report. The request meets road frontage,
setbacks, lot coverage and building height requirements. A variance for lot size is necessary.
Buss noted that there are significant trees on the property. The City's ordinance requires that a
Landscape Plan be submitted which identifies existing significant trees, those that will be
preserved or lost, and tree replacement to meet the Development Code requirements. Comments
were received from the Carnelian-Marine-St. Croix Watershed District which stated that the
project will need a District permit for stormwater management and erosion control.
City Planner Buss explained that the request meets the statutory criteria for a variance, and
recommended approval with conditions. Conditions include that the parcels be combined into
one lot, the submission of a Grading Plan and a Landscape Plan, obtain a Watershed District
permit, and hook up to the 201 wastewater system at her expense.
Chair Maefsky opened the public hearing.
LeeAnn Thompson, 10705 Lake Avenue, Chisago City: Ms. Thompson noted a change to the
submitted plans. The front of the house will face Langly Avenue rather than 189`�' Street.
Building Official Thorp verified that this will not affect road frontage requirements or the street
address.
4
� November 1,2011
Scandia Planrung Commission
Page 2 of 7
Arlen Johnson, 11080 189`h Street: Mr. Johnson stated that he has lived at his residence across
the street from the vacant lot for many years and is in favor of granting the variance. T'he lot is
being cleaned up and a new home will be an improvement to the neighborhood.
There were no further public comments and Chair Maefsky closed the hearing.
The Planning Commissioners noted that on their October 30 site visit it was obvious that trees
had been removed and clearing for the house site had begun. Administrator Hurlburt explained
that a landscape plan showing tree removal and replacement is a condition of granting the
variance and is necessary to meet the conditions of the ordinance.
Mr. Johnson addressed the Commissioners and stated that the lot contained many dead and
diseased trees. He estimated that of the 8 or 9 trees that were removed, about 5 or 6 were rotted,
dead or dying. Diameters may have varied from 10"to 15".
City Planner Buss offered that she has pictures of the lot prior to any tree removal and will work
with the applicant to establish a landscape plan.
Schwarz, seconded by Krinke, moved to recommend to the City Council the Planner's
conditions of approval for the variance and to make the applicant aware that no further
action be taken on the property until all permits are approved. The motion carried 5-0.
PUBLIC HEARING: MINOR SUBDIVISION AND VARIANCES TO CREATE A 10-
ACRE LOT.AND VARIANCES FROM THE MAXIMUM NUMBER AND SQUARE
FOOTAGE OF ACCESSORY STRUCTURES,23620 OLINDA TRAIL
Roger and Joyce Heinisch own 300 acres on eight connected parcels in Scandia. They have
requested a minor subdivision to create a 10-acre parcel on one of the existing 40-acre pazcels
along Olinda Trail that would include the existing home and accessory structures. They aze
working with the Minnesota Land Trust to create a permanent conservation easement on the
remaining 290 acres. They have discussed potential future ownership of the easement area with
the Minnesota DNR. No future residential, commercial or industrial uses or structures would be
permitted under the easement. The easement would allow for a variety of agricultural,
recreational and open space uses. The applicants are willing to allow public use of the property.
City Planner Buss presented the planner's report and explained the request for the variances. The
property lies in the AG C District and requires a variance for the creation of a 10-acre parcel.
The proposed parcel has 14 significant accessory structures, including barns, sheds, silos and a
detached garage. The combined squaze footage totals approximately 34,000 square feet. The
ordinance allows two accessory structures and a total of 2,500 square feet on a 10-acre parcel.
The applicants have indicated that the property will continue to be a farming operation and that it
is important that the buildings be retained. Planner Buss advised that controls should be in place
that prevents potential future incompatible uses on the property, such as trucking business, auto
repair businesses, or large kennels.
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TKDA ���Saeet,Suiie 15�
SaIM Pad,MN 551flt•2140
ENGINEERS•ARCFMTECTS-PLANf�ERS {651)292-4400
(651)292-0083 Fan
www.tkda.com
MEMORANDUM
To: Scandia Planning Commission Reference: Thompson Variance Request
Anne Hurlburt,Administrator City of Scandia,Minnesota
Copies To: LeeAnn Thompson,Applicant Proj.No.: 14811.007
From: SheiYi Buss,RLA,City Planner
Date: October 25, 2011 Routing:
SUBJECT: Thompson Variance Request for Lot Size
MEETING DATE: November 1,2011
LOCATION: 1 i 085— 189�'Sri•eet North
Scandia,Minnesota
APPLICANT: LeeAnn Thompson
ZONING: General Rural(GR)and Shoreland Overlay Dist�-ict
60-DAY PERIOD: December 13, 2011
ITEMS REVIEWED: Application and Site Plans received Uctober 10,2011
SRIEF DESCRIPTION OF THE REQUEST:
The Applicant is requestin�a variance to allow construction of a home and i�elated improvements on two
existing lots at 11085 189� St��eet North(near 189`�'Street and Langley Avenue North). The subject property
is located in the General Rural (GR)District and is within the Shoreland Overlay District of Big Marine
Lake,a Recreational Development Lake.The combined area of the two parcels is .95 acres.
The applicant is requesting a variance from the minimum lot size requirement of 2.0 acres in the GR District.
{Shoreland regulations indicate that the minimum size for netiv lots on Big Marine Lake is 2.5 acres. Existing
lots must meet the dimensional requireriaents of the underlying zoning district 2.0 acres in the GR District.)
Development Code Section 13.5 allows development of lots that are at leasfi 66%of the dimensional
standards for lot size and lot width as required by the zoning district without a variance. The combined area
of the parcels is only 47.5%of the dimensional standard. Therefore,this application cequires a variance.
An FmpPoyee Owrred Compar�y Promvting Af�rmaffve Acdon and Equal Oppartunlry
6
Thompson Variance Request Page 2 November 1,2011
Scandia,Minnesota
DETAILED EVALUATION OF THE REQUEST:
Comprelaensive Pl�n
The Comprehensive Plan indicates that the General Rural District includes areas of mixed lot sizes, and will
continue to do so. Single family residential use is supported in the GR District. The Comprehensive Plan
recommends a minimum lot size of 2.0 acres in the GR District. The Comprehensive Plan also notes the
existence of many smaller size lots in areas of existing lakeshore development within the GR District,and
that this pattern will continue in the areas of existing development around Scandia's lakes.
The proposed residential use is consistent with the Comprehensive Plan recommendations for uses and the
�eneral character of the GR District but is not consistent with the minimum lot size recommendations.
Lot Size and Frontage
The minimum lot size requirement in the GR District is 2 acres. Lot A is .42 acres in size,and Lot B is .S3
acres in size. The total area of the cornbined parcel would be .95 acres. The combined parcel does not meet
the minimum lot size requirement for the district and the applicant has reQuested a variance from the
rec�uirement.
The front of the house is proposed to face 189�' Street. The minimum frontage allowed for lots on public
roads in the GR District is 16U feet. The combined parcel would have 195 feefi of fronta�?e on 189`� Street.
The combined parcel would meet the lot frontage requirement.
Se[backs
The setback requirements in the Shoreland Overlay District aze: side yard of 10 feet(lots of less than 1.0
acre),and a setback of 40 feet from public streets. The Shoreland District Regulations for Recreational
Development Iakes also require that sfiructures be setback 100 feet from the Ordinary High Water Level
(OHWL). Thepro�osed structure conforms to the setback reQuirements.
Maximune Lot Coverage
Thc maxiznum allowed lot coverage in the Shoreland Overiay District is 25%. The proposed house with
attached garage, driveway,and walkway would cover approximately 11%of the lot. The propased buildin�s
and im ervious surfaces meet the ordina.nce re uirement.
Accessory Structures
No accessory structures are proposed at this tune.
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Thompson Variance Request Page 3 November 1,2011
Scandia,Minnesota
BuiCding Heig/tt
The maximum buiiding height allowed is 35 feet. The applicant indicated that the proposed home wi]1 be 22
feet in height. The pro�osed buildin�meets the ordinance requirement.
Wastewater System
The Applicant will need to hook up to the Citv's existin�201 wastewater system that serves the area at her
expense.This will include installing a meter tliat is a type approved by the City, and payment of applicable
connection and sewer usec charges.
Stormwater Management and Land Alteration
No grading plan was included in the application. The Applicant should provide a grading plan for proposed
improvements on the site,for review by City staff. The City's Stormwater Management regulations require
the following:
• Development on the site shall minimize impacts to significant natural features.
• Development on the site shall meet the adopted water management rules and standards of the
Carnelian-Marine-St. Croix Watershed Dis#rict.
• If needed, grading and best managennent practices for stormwater management should preserve
natural vegetation,use natural to}�ography, and other practices identif ed in the City's Development
Code, Section 3.7 (D).
A copy of the application was sent to the Carnelian-Marine-St. Cro�Watershed District. Any comments
received from the District will be presented at the Planrung Commission meeting on November 1. The
applicant shall obtain a Watershed District permit for storm water mazxagement and erosion control if
rec�uired by the Distx�ict.
Landscape Plan
The areas proposed for development of a home and di7veway are currently heavily wooded. The site visit
noted that there are significant trees on the property, including significant oaks in the general area proposed
for construction of the home and driveway.
The City's ordinance requirements related to screening and landscaping within Shoreland Areas include the
following:
• Vegetation alteration necessazy for the construction of structures and sewage treatment systems and
the construction of roads and parking areas is allowed.
• Selective removal of natural vegetation is allowed,provided sufficient vegetative cover remains to
screen cars, dwellings and other structures when viewed from the water.
• The appiicant should complete a Landscape Plan for the property that will identify existing
significant trees,those that will be preserved or lost, and tree replacement to meet the Development
Code requirements. The plan should indicate the vegetative screening that will remain between the •
home and the lake, as required by the Shoreland Overlay District standards.
s
Thompson Variance Request Page 4 November 1,2011
Scandia,Minnesota
Agency Comrnents
A copy of the application was sent to the Minnesota DNR, as required for proposed development in all
Shoreland Districts. If comments are received from the DNR,they will be provided at the Planning
Comniission�meeting on November 1.
DETAIL�D DISCUSSION OF THE VARIANCE R�QUEST
The State of Minnesota has recently passed legislation modifying the statute regarding variances. The City
Attorney has advised that we use the new state language for this application,and that the City's ordinance be
updated to include the new state language related to the criteria for g�ranting a variance.
The new language states that "Variances shall only be permitted when they are in harmony with the general
purposes and intent of the o�cial control and when the variances are consistent with the comprehe»srve
plan. Variances may be granted when the applicant for the variance establishes that there are practical
di�culties in complying with the vf�'icial conirol. Variances may be granted when the applicant for the
variance establishes that there are practical di,f,�"iculties in complying with the o�cial control. Practical
di�`iculties, 'as used in connection with the granting of a variance, means that the property owner proposes
to use the property in a reasonable manner not permitted by an o�cial control; the plight of the landowner
is due to circumstances unique to the property not created by the landawner; and the variance, ifgranted
will not alter the essential character of the locality. Economic considerations alone do not constilute
practical difficulties."
FINDINGS
The following bullets present the Planner's findings related to the Thompson request for a variance,based on
the statutory criteria for granting a variance. Each of the criteria are shown in italics:
• Variances shall only be permilted when they are in harmony with the general purposes and intent of the
o�cial control.
Granting the requested variances is in lnarmony with the purposes and intent of the Comprehensive Plan
to allow continued residential usc in the lakeshore areas within the developed lakeshore areas in the
General Rurat District that is similar to the existing lot sizes and uses.
• The property owner proposes ta use the property in a reasonable manner under the conditions allowed
by of�j`icial control(s).
Single Family Residences are permitted uses in the General Rural District and the Shoreland
Management Overlay District, and the proposed use is therefore a reasonable use of the pcoperty.
9
Thompson Variance Reques# Page 5 Novexnber 1, 2011
Scandia, Minnesota
The applicant is requesting the following variance from the official controls: A variance from the
required lot size to allow a.95 acre lot. The development code specifies that lots in the General Rural
District be a minimum 2.0 acres in size.
• The practical diffrculties are not caused by the landowner, and are unique to the property.
The practical difficul#ies are caused by the size of the existing nonconforming lots. The di#�iculties are
unique to the parcels, and were not created bq the current landowner.
� The variance would not alter the essential character of the area.
The surrounding area is a developed lakeshore area. Many lots are smaller non-canforming residential
lots.
• Ecanomic condrlrons alone shall not corrstitute practical di�culties.
The practical difficulties are primarily related to the size of the existing nonconfbrming lots, not
economic conditions. ,
ACTION REQUESTED:
The Planning Comix�ission can recommend the following:
l. Approval
2. Approval with conditions
3. Denial with findings
4. Table the request
PLANNING STAFF RECOMMENDATIONS:
The Planner recommends that the Planning Cornmission approve the proposed variance for a.95 acre lot for
the property located at 11085 189u'St�eet North. The Planner recommends the following conditions for the
variance:
1. The development on the prope�-ty shall be in substantial compliance with the site plan submitted to
the City on October ]0,2011.
2. The two parcels shall be combined into one parcel, and the deed recorded at Washington County
before construction of the improvements on the property:
3. The applicant shall be allowed to selectively remove natural vegetation,provided sufficient
vegetative cover remains to screen cars,dwellings and other stnzctures when viewed from Big Marine
Lake.
4. The Applicant sha11 submit a Landscape Plan that meets the requirements of khe Development Code
to the City for approval by staff.
5. The Applicant shall provide a grading plan for proposed improvements on the site, for review by Gity
staff:
�o
Thompson Variance Request Page 6 November 1,2011
Scandia, Minnesota
6. The applicant shall hook up to the wastewater systerr�at her own expense. The applicant shall install
a meter that is a type approved by the City, and shall pay a11 applicable connection and sewer user
charges.
7. The applicant sha11 obtain a Watershed District permit for storm water management and erosion
control if required by the District.
8. The Applicant shall pay all fees and escrows.
>>
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Pile No.
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APPLICA ION FOR PLANNING AND ZONING REQUEST
CITY UF SCANDIl1
�- v � �ity of Scandia, ll�linnesota
14727 209t1�Sireet Noith,Scandia,MN 55073
Phone 651/433-2274 Fa,�c 651/433-5112 Web http://�vww.ci.scandia.mn.us
Please read bejor•e eonrpletiirg: The City will not be�in processing an application tht�t is incomplete. Detailedsub�j�issian
reyuirentents may be found in the Scandia Development Code,available at the City oFfice and website(www.ci.scandia.mn.us)and in
ihe checklist fomis for the paiticular type ofapplicatioo. Application fees are due at the time of application and ure not i�efundable,
1. Property Location: (sb•eet nddress, if applicuble)
a�' u��� �+� ��c
2. Wasl�ington County parcel l :
3. Complete Legal Description: (al�ach ffnecessary)
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(1 �SS �lur.-� S�Co;`a ��V; S;a.-,
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4. Owner(s): Phone:
,��-,A�.��'�`-°'^``���, (1,) �c�I� 3�3���b3�
(�)
Street Address: (C'7G'$ (�0.� 1`��'� E-Mail:
Ciry/State:��,�;S�o `"J'Y��\. ZiP�.�Jr� i �
5. ApplicAnt/ContAct Person: Phone:
��-+-'l�r. `�c��„^��� (h) L�i-3a3 -3c3�
(b)
Street Address(Mailing): �b 7d� �.� 1`J'�� E-Mail:
City/State: C�,;.Sc�p --�'y�Ivn, ZiP: 550 � '3
6.�ested Action(s): (cl�eck all/hat upply)
Variance _ Administrative Permit _ Amenclment (Development Code)
VarPance Extension ��pe�
_ _ Amendment(Comp,Plan)
Conditionel Use Permit(CUP) _ Site Plnn Review
— ��y�� _ Subdivision,Minor
CUP E:ctension
CUP/Open Space Subdivisio�3. — Site Pinu Modification _ Subdivision,Preliminary Plat/Major
CUP/Planned Unit Development — Site Plan Extension _ Subdivision,Pinnl Plat
Interim Use Permit(lUP) _ Sign(Permanent) � �nvii•omnental ReView
11J19/2010
12
7. Brief Description of Request: (atlac%sepurale sl�eet if necessmy)
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8. Pro,ject Name;
I hereby apply for consideration of the above described request and declare that tl�e informativn and materials submitted
with this application are complete and accurate. 1 understa�id tl�at no application shAll be considered complete unless
accompanied by fees as required by city ordinance. Applications for projects requiruig more than one type of review
sl�all include the cumulative total of all application fees specified for each type of review. I understand that applicants
are required to reimbuise the city for all out-of-pocket cosis incurred for processing,revie�ving and hearing tlie
application.These costs shall include,but are not limited to:parcel searches;publication and mailing of notices;review
by the ciiy's e�igineering,planning and other consultants;legal costs,and recording fees. An escrow deposit to cover
these costs will be coUected by tlie city at tlie time of applieation. The minimum escrow deposit shall be cumulative total
of all minimum escrow deposits for each type of review required for the project,unless reduced as pruvided for by
ordinanee. The city may increase the amount of the required escrow deposit at any time iFthe city's costs are reasonAUly
expected to exceed the minimum amount. Any balance remaining atter review is complete will be refunded to the
applicant. No interest is paid on escro�v deposits.
PLEASE NOTE: If the fee owner is not the applicant,the applicaut must provide written autl�orization by the fee
owner in order for this application to be considered complete.
Property ee Owner i ture(s) Date:
C� /a�<</rf
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pplz Ant SignAture(s) DAte:
�.� For City Use Only
Application Pees:��C) ��!
Escrow Deposit: � � u J `3 � PAI D
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C17Y OF SCANDIA ��/19/2010
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Property ID 3103220110043 �
LocsUon
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MAP FOR REFERENCE ONLY
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Locatlan
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MAP FOR REFERENCE ONLY
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