7.b)2) Res 09-16-14-04 EtzwilerCITY OF SCANDIA, MINNESOTA
RESOLUTION NO. 09-16-14-04
APPROVING A VARIANCE FOR 20789 QUINT AVENUE NORTH
WHEREAS, Lisa Etzwiler has made an application for a Variance to replace an
accessory structure that was demolished on her parcel at 20789 Quint Avenue North with a new
structure in the same location that requires a variance from the 200 -foot setback requirement
from the Ordinary High Water Line (OHWL) of the St. Croix River and from the 100 -foot
setback requirement from the bluffline; and
WHEREAS, the property is legally described as follows:
All that part of block B of Otisville as surveyed and platted and now of record in the
office of the Register of Deeds of Washington County, Minnesota and Reserve Number Two (2)
and vacated Linden Street described as follows: Commencing at the Southwest corner of Lot 3,
Block B; thence Northerly along the West line of said block 210.90 feet, more or less, to an iron
monument; thence Easterly on a line parallel to the South line of said block a distance of 567.70
feet more or less to an iron monument of the bank of the St. Croix River; thence southerly along
the bank of said river 147.85 feet more or less to a stone monument; thence Westerly on a line
parallel to the South line of said block, 277.40 feet more or less to an iron monument in the East
line of said block B; thence South 62.69 feet along the East line of said Block B to an iron
monument at the Southeast corner of Lot 4, Block B; thence Westerly along the South line of
Lots 3 and 4, Bock B, 285.20 feet to the place of beginning, including all of Linden Street
vacated lying within the above described and also including that part of Linden Street vacated
described as follows: Commencing at the Southeast corner of Lot 4, Bock B; thence North along
the East line of said block, 62.69 feet more or less to an iron monument; thence Easterly on a line
parallel with the south line of said block 30 feet; thence Southerly on a line parallel with the East
line of said block 62.69 feet; thence Westerly on the South line of said Lot 4 extended to the
place of beginning and including also riparian rights. Together with the benefits and subject to
the burdens of an easement for ingress and egress in common with Lots 1 and 2 in Block 8, in
Otisville, Washington County, Minnesota and that part of Reserve No. 2 lying North of and
appurtenant to the property herein conveyed, over an existing roadway and existing steps leading
to the St. Croix River; and
WHEREAS, the Planning Commission reviewed the request for the Variance at a duly
noticed Public Hearing on September 2, 2014, determined that it meets the Development Code
criteria for granting the variance, and recommended approval of the Variance with conditions;
and
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCL OF
THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and
hereby does recommend approval of a Variance to permit the replacement of an accessory
structure that was demolished in the same location identified on the property survey (May 8,
Resolution No.: 09-16-14-04
Page 2 of 4
2014), with a storage structure of a size not to exceed 12'x16'. The structure shall be located a
minimum of 100' from the OHWL of the St. Croix River on the parcel at 20789 Quint Avenue
North:
Replacement of the demolished structure with a storage building of the same size as the
original structure is in harmony with the general purposes and intent of the official
control. The Comprehensive Plan and Lower St. Croix Bluffland and Shoreland
Management Ordnance support single-family land uses in the AGC and St. Croix River
Districts. The Plan and code support protection of the St. Croix River and views from the
river. The Lower St. Croix River Ordinance requires that structure alteration or
replacement of Substandard structures occur in a location that meets setback
requirements, unless the replacement meets the criteria for a variance, and the City's
Development Code prohibits the expansion of such structures without a variance.
The City has approved variances to provide for storage structures or storage space within
a structure in Shoreland Districts because there were practical difficulties identified to
access storage structures in other locations that met setback requirements due to the steep
slopes and bluffs on the property. Granting the variances was consistent with City goals
to maintain the neat appearance of properties in the City, and recognized the need to
provide reasonable storage for personal possessions and lake -related recreational
equipment to protect those items from adverse weather. The applicant's rational for
replacement of the storage area in the demolished structure in the same location due to
the difficulties of carrying canoes, kayaks, tools, maintenance equipment, and other
personal belongings up and down the bluff, the need to protect those items from the
weather, and to store them inside to screen them from view from the river.
The applicant proposed the following to provide protection for the St. Croix River and
related resources with the replacement and expansion of the structure:
Replace the demolished cabin in the same location to minimize disturbance and
maintain the existing screening and views from the river.
The proposed replacement plan meets the coverage standard in the District.
Remove the existing outhouse and replace it with a toilet and sink in the new
structure
The replacement of the demolished structure with a storage shed in the same location and
of the same size as the documented original structure, to be used for storage purposes
only, is in harmony with the intent and purposes of the Comprehensive Plan and
Development Code. The applicant's request to expand the size of the structure and the
use of the structure to include bathroom facilities and expanded use is not in harmony
with the intent and purposes of the Comprehensive Plan and Development Code.
2. The proposed use is reasonable under the conditions allowed by the Development Code.
Single-family residences accessory structures are reasonable uses in the Agriculture Core
and St. Croix River Districts. The National Park Service indicated that it would approve
a replacement cabin at the size of the building that was demolished, if it meets the other
design requirements of the scenic easement.
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3. The practical difficulties are unique to the property and were not created by the applicant.
The practical difficulties are created by the location of the existing bluffs and property
access, and the resulting difficulties related to transporting and storing watercraft and
other personal property up and down the bluffs
4. Granting the variance would not alter the essential character of the area. Other properties
in the area include cabins and accessory buildings with similar setbacks from the river.
The proposed location will protect much of the existing tree canopy to screen the view of
the structure from the river.
5. The practical difficulties are not only economic in nature. The practical difficulties are
related to the location of the existing bluffs and property access, and the resulting
difficulties related to transporting and storing watercraft and personal property up and
down the bluffs.
6. The replacement of the demolished structure with a storage shed in the same location and
of similar size will not impair the supply of light or air to adjacent properties.
Maintenance of the existing single-family residential use will not increase congestion,
endanger the public, or substantially diminish or impair property values in the
neighborhood.
7. Granting the requested variance is the minimum action required to eliminate the practical
difficulty. Granting the variance will permit replacing the demolished accessory structure
with a structure that will replace the storage function of the building in the same location.
The National Park Services requires that the replacement structure be no larger than the
recorded size of the original structure.
8. The variance is not related to a need for direct sunlight for solar energy systems.
FURTHER BE IT RESOLVED, that the following conditions of approval shall be met:
The location of the storage structure shall be consistent with the location of the
demolished structure shown on the survey provided to the City on July 24, 2014. The
maximum size of the replacement structure shall be 12'x16', and the structure may be
one story in height and may be used for storage only.
2. The applicant shall obtain required approvals for the structure from the National Park
Service (NPS). The exterior color of the structure, including the roof, shall be of earth or
summer vegetation tones, and shall be approved by the NPS.
3. The applicant shall obtain a building permit from the City.
4. The applicant shall obtain a Grading and Erosion and Sediment Control permit from the
City.
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5. The applicant shall obtain the required Watershed District permit.
6. The storage structure shall not include a dwelling unit.
7. Construction of the building shall not change the existing drainage patterns on the parcel.
8. All areas that are impacted by construction, grading and related activities shall be
resodded or seeded within 180 days of the date of issuance of the building permit, or as
soon as weather permits.
9. To the greatest extent possible, vegetation over six (6) inches in diameter shall not be
removed.
10. The Applicant shall pay all fees and escrows associated with this application.
Adopted by the Scandia City Council this 16th day of September, 2014.
Randall Simonson, Mayor
ATTEST:
Kristina Handt, Administrator/Clerk