4.a) Holloway LetterJuly 29, 2014
1�
Members of the Scandia Planning Commission,
Please see the included materials for the Variance Application for 16987 197th St. Scandia, MN.
We are requesting approval for variance from the required setback relative to the Ordinary
High Water, Bluff Line, and Wetland Setbacks as indicated in the application material before
you. A variance is necessary for the work we are proposing, as the proposed building location
would be inside the required Bluff Line, OHW and Wetland Setbacks. As you will see on the
survey, the proposed location of the new structure would be back (12 ft.) from the current
riverside face of the existing structure and then overlap the remainder of the existing building
location. It is our belief that the location proposed is the only location the structure can be
placed without encroaching on both a healthy (mature) forest area and virgin seepage wetland
area as well as allowing area for a redesigned and upgraded septic drainage area. Please note
we have been granted approval from the National Park Service (NPS).
As we reviewed building code, ordinances and requirements, and after considering building
location based on those guidelines, it became clear that, by following these guidelines, we
would be incurring hardship in multiple areas if we were to locate the proposed structure in the
area where the guidelines outline. The guidelines for OHW and Bluff line setbacks alone place
the building in area directly north, and slightly east of the Garage - an unrealistic/unbuildable
location because of these hardship factors. After visiting the site this will likely become clear. I
will list/describe these hardship factors that you will have the chance to observe on-site.
• The existing cabin will need to be removed, thus leaving a demolition site that will take
years to naturally redevelop.
• To follow code, we will need to clear-cut much of a Native Upland Mesic Forest. See
tree layout on survey.
• To abide by the wetland setback requirements that the existing and proposed cabin are
within, we would need to push the cabin closer to the river and to the South, potentially
encroaching on another wetland area off the property and requiring us to effect virgin
land and forest area. Additionally, this would further violate the OHW and Bluff Line
setback requirements.
• If required to push the new structure beyond the OHW and Bluff Line setbacks we will
not only be required to cut a large percentage of a Native Upland Mesic Forest but we
would also continue to violate the wetland setback requirements and effect virgin area
of the transition area between the forest and wetland area. An area that has never
been affected by a building.
• The impact of moving the cabin location will leave an impacted building site that will
always remain an impacted site. It is the area that has always been affected by a
structure. If the structure is required to be in compliance to Bluff Line and OHW
setbacks, the affected area still remains.
• The Forest Area is a blend of healthy and mature Maple, Oak, Basswood, Fir, Birch, Ash,
White and Jack Pine Trees with no notable presence of invasive species. This would
need to be cut down, please observe at your visit.
• To follow code, we will need to excavate within the wetland setback in a virgin area near
the Wetland bordering the stream running West to East on the North half of the lot.
• The entire back 3/5 1h of the property and the North and Sound boundaries are a mix of
Native Upland Mesic Forest, Wetland and years of owner planted trees. To relocate a
building in any of these areas will require significant destruction of these unaffected
areas.
• Under the advice of septic designers and one installer, we need a large portion of the
northwestern most portion of the lot for a new or revised septic drainage
field(s)/mound(s).
• Septic requirements, driveway location and wetland area eliminate the possibility of
locating the building in the western portion of the property.
• Relocation of the main structure will negatively impact the Native community
represented in the existing native, mature and healthy Upland Mesic Forest and
Seepage Wetland. In essence the property, natural history and the flora and fauna of
the area are used to the structure existing where it has been for 80+ years. Changing
that could drastically impact these well-functioning and healthy characteristics.
We feel that the work we are proposing to do, if the variance is approved, is the best approach
from many perspectives including: environmental, scenic, protection of existing native natural
areas, least possible disruption to immediate neighbors and the surrounding community, and
least possible disturbance to ground water and water usage. It is the best approach from a
Leave No Trace (LNT) frame of reference as well. Furthermore we feel that the work we plan to
do if the variance is approved will in fact substantially mitigate the building's potential negative
impact on the surrounding natural area. If we are required to relocate the proposed new
structure so as to follow contemporary setback requirements we fear that the hardships
incurred will do real harm to the natural landscape this property currently processes from the
perspectives listed above. We strongly believe that this project will give us the opportunity to
preserve and positively affect our property's beautiful and natural characteristics. That is why
we hope to be approved for the variance.
Please Note: In addition to the variance requested in regards to setback requirements for the
cabin, we understand that we will likely need a variance in regards to wetland setback
requirements for the location of the mounds for the new/revised septic system. Accurate
location information, incurred hardship description and setback implications are in
development and will be presented and available as soon as possible, no later than the hearing
on August 5th
Thank you very much for your time.
From:
Nancy and Bruce Thomson, Greg and Samantha Holloway, and Mark and Briley Hollo ay,
Mark Holloway