4.a) Variances from Lot Requirements, 19107 Layton Ave., Scandia, Bryon and Karen Crane . �. a
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CITY OF SCANDIA, MINNESOTA
PLANNING COMMISSION RESOLUTION NO. 1-02-13-01
APPROVING VARIANCE 19107 LAYTON AVENUE
WI3EREAS, Bryan and Karen Crane have made an application for a variance to
construct a single-family residence at 19107 Layton Avenue, and
WHEREAS, the property is legally described as follows: Lot 6, Block 1, Holiday Beach
2°a plat; and
WHEREAS, the Planning Commission reviewed the request at a duly noticed Public
Hearing on January 2, 2013, and has recommended approval; and
NOW, THEREFORE,BE IT HEREBY RECOMMENDED BY THE PLANNING
COMMISSION OF THE CITY COUNCIL OF THE CITY OF SCANDIA,
WASHINGTON COUNTY,MINNESOTA, that the City Council should approve the variance
to allow construction of a single-family residence with attached garage on a lot that is .29 acres
in size,where the structure will be setback 45 feet from the Ordinary High Water Line of Big
Marine Lake and setback 28.2 feet from Layton Avenue; and to allow construction of a septic
system that is setback approximately 3 feet from the roadway right-of-way and the septic system
and well that are setback less than the required 10 feet from the side property line,based on the
following:
1. The request is consistent with the goals and policies in the Comprehensive Plan to allow
single-family residential uses in the General Rural District and Shoreland Zone.
2. The proposed use is reasonable under the Development Code.
3. The practical difficulties are related to the small size of the existing nonconforming lot,
and were not created by the applicants.
4. Granting the variance will not alter the essential character of the area.
5. The practical difficulties are related to the small size of the existing lot that would not
allow for development of a single-family home without a variance from the required
Resolution No.: 01-02-13-01
Page 2 of 3
setbacks from the lake and roadway, and the need to locate the septic system and well
where soils are feasible and the required separation from other systems can be achieved,
and are not related to economic conditions alone.
6. The structure will not impair the supply of light and air to adjacent properties,increase
congestion, increase the danger of fire, endanger public safety, or substantially impair
property values.
7. The requested variance is the minimum action required to eliminate the practical
difficulty.
8. The proposed garage and driveway will not affect direct solar access for surrounding
properties.
FiJRTHER 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 and
landscape plan submitted to the City on December 11 and 26, 2012. The variance allows
construction of a single-family residence with attached garage on a lot that is .29 acres is
size, where the structure is setback 46 feet from the OHWL of Big Marine Lake, and 28.2
feet from Layton Avenue; and allows construction of a septic system that is setback
approximately 3 feet from the roadway right-of way, and the septic system and a well that
are setback less than the required 10 feet from the side property line.
2. The applicants shall obtain a Building Permit from the City prior to construction of the
home, septic system and well. The grading and erosion control plan required for the
building permit shall include the following practices:
a. The applicant shall protect existing trees during construction that are not
identified on the plan for removal.
b. The grading and erosion control plan shall include the Best Management Practices
required by the Carnelian-Marine-St. Croix Watershed District.
3. The applicants shall obtain the required Watershed District permit for storm water
management and erosion control.
4. The applicants shall obtain the required septic system and well permits from Washington
County.
5. The applicants shall provide a revised landscape plan that indicates the species and sizes
of the plant materials proposed on the landscape plan, and the type(s)of ground cover
that will be used for staff review.
6. The Applicant shall pay all fees and escrows.
Resolution No.: 01-02-13-01
Page 3 of 3
Adopted by the Scandia Planning Commission this 2nd day of January, 2013.
Christine Maefsky, Chair
ATTEST:
Kristina Handt, Administrator/Clerk
444 Cedor Street,Suite 1500
� Soint Paul,MN 55101
651.292.4400
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TKDA
Memorandum
To: Scandia Planning Reference: Crane Variance Application,
Commission City of Scandia
Kristina Handt, City
Administrator
Copies To: Bryan and Karen Crane,
Applicants
Gina Carlson, Architeetur Project No.: 15023.013
From: Sherri Buss, Planner Routing:
Date: December 19, 2012
SUBJECT: Crane Application for Variance from Lot Requirements, Setbacks and
Lot Coverage for Single-Family Residence
MEETING DATE: January 2, 2013
LOCATION: 19107 Layton Avenue
Scandia, Minnesota
APPLICANT: Bryan and Karen Crane
9425 Norvvood Lane North
Maple Grove, MN 55369
ZONING: General Rural (GR) District and Shoreland Overlay Distri�t
60-DAY PERIOD: February 12, 2013
ITEMS REVIEWED: Application and Site Plans received December 11 and updated
Landscape Plan received December 18, 2012
BRIEF DESCRIPTION OF THE REQUEST:
The applicants are proposing to build a home on a nonconforming lot in the Shoreland Zane of
Big Marine Lake. The lot is .29 acres in size. The applicants are requesting variances from
several dimensional standards in the ordinance to allow construction of the home, including: lot
size, set-back from the Ordinary High Water Level (OHWL) of the lake, right-of-way setback to
the road, side lot line setbacks for the proposed septic system and well, and lot coverage
standard.
The City previously granted a variance for construction of a home on this property in 2008, but
that home was not constructed.
An employee awned company promoting affirmotive action and equat opportunity
Crane Variance Staff Report
Scandia Pianning Commission Page 2 January 2, 2013
DETAILED EVALUATION OF THE REQUEST:
The lot is located within the Shoreland Overlay District of Big Marine Lake,which is classified as
a Recreational Development Lake. The proposed home has a footprint of 1,824 square feet and
proposed deck with 729 additional square feet. The total proposed impervious surface area on
the lot is 4,008 feet, which includes a driveway and sidewalk in addition to the house and dedc.
The size and location of the home are shown on the attached plans. The sections below
evaluate the proposed structure and related improvements in relationship to the ordinance
requirements in the General Rural District and Shoreland District of Big Marine Lake.
Comprehensive Plan
The Comprehensive Plan indicates that the General Rural (GR} District includes areas of mixed
lot sizes, and will continue to do so. Single family residential use is supported in the GR District.
The plan recommends that the General Rural Area be developed at a maximum density of four
dwelling units per 40 acres, with a minimum allowed lot size of 2 acres. The Comprehensive
Plan also notes the existence of many smaller 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 Comarehensive Plan's recommendations for
uses and densities in the GR District.
Lot Size
The existing lot is .31 acres in size. The minimum lot size for existing lots in the Shoreland
Overlay District of Recreational Development lakes is 2.0 acres, with a minimum lot width of 160
feet, the same dimensions as the underlying General Rural District. Existing non-conforming
lots in the Shoreland District may be developed for single family residential uses if they are at
least 60°� of the dimensional standards for lot size and width as required by the zoning district
and Shoreland Overlay District.
The existing lot includes 13,648 square feet. 60% of 2 acres is 52,272 square feet. The
a�plicant therefore reauires a variance from the lot size reQuirement to develoa the aroaosed
home on the lot.
The width of the existing lot is 113 feet. 60% of 113 is 67.8 feet. The lot therefore meets the
width requirements for nonconformina lots in the Shoreland District.
Setbacks
The setback requirements in the Shoreland Overfay District of Recreational Development Lakes
include the following:
• Structure setbacks of 100 from the OHWL
• Side yard setbacks of 10 feet for existing parcels that are 1.0 acres or less in size.
• A 40-foot setback from the right-of-way line for a public street.
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Crane Variance Staff Report '
Scandia Planning Commission Page 3 January 2, 2013
The proposed structure (including deck and stairway) is approximately 46 feet from the OHWL
of 942.2 feet on Big Marine Lake, and therefore requires a variance from this setback
requirement. The proposed structure meets the side setback requirements. The proposed
structure is setback 28.20 feet from the right-of-way of Layton Avenue, and therefore requires a
variance from this requirement. The residential structure meets the side setback requirements.
but needs a variance from the reQuired setback from the OHWL of Bia Marine Lake and the
required setback from the Lavton Avenue ri�ht-of-wav.
Maximum Lot Coverage
The maximum allowed lot coverage in the GR District and in the Shoreland District is 25°k. The
application includes an analysis of lot coverage that indicates that the proposed lot coverage is
29 percent. The applicant is requestina a variance from the coveraae standard.
The Planner serrt the application to the Camelian-Marine-St. Croix Watershed District
(CMSCWD)for review. The District's comment letter n�ted the following:
"The Distict does not favor granting variances in these instances as they increase the
possibility for negative impacts to Big Marine Lake, one of the DistricYs high value
resources. However, we also realrze that pre-existing small lots require exceptions to be
made and that this may be one of fhose situations.
"This project wil!require a Districf pemtit for stormwater management, erosion conrol
and shoreland buf�ers. The District recommends that the lake side setback be
maximized and the hardcover be minimized as much as possible, and that the
Watershed Disfrict Permit be made a condition of the variance. The requir�ements of our
permit will work to mitigate further impacts to the►ake."
On December 17,the applicants submitted revised plans that changed the pervious pavement
materials proposed for the driveway on the original plans to bituminous pavement. The
applicant's representative indicated that the change was proposed due to the cost of pervious
pavers, and that plowing and maintenance of this material is more difficult. The Planner
provided this information to CMSCWD, and Jim Shaver, the District Administrator responded
that �pervious pavers should riemain an option if fhey cannot achieve the volume�duction
required in a permit application with rain gardens alone."
The Plannina Commission should consider the District's comments in reviewinq the variance
repuest. Some issues for discussion include:
• Can any impervious areas be reduced in size:for example, the deck, or some of the
driveway width, or both?
• Should pervious pavement in the driveway or sidewalk area be reCommended as an
option if needed to meet the Watershed permit requirements?
Accessory Structures
The applicants are proposing an attached garage. No detached accessory structures are
proposed in the application.
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Crane Variance Staff Report
Scandia Planning Commission Page 4 January 2, 2013
Bullding Height
The maximum building height permitted in the General Rural District is 35 feet. The City deflnes
building height for gable roofs as "the vertical distance from the average of the highest and
lowest point of the grade for that portion of the lot covered by the building to the mean height
between eaves and ridge.° Based on the definition, the height of the proposed structure is 16
feet. The buildinq meets the hei4ht requirements in the zoninq ordinance.
Wastewate�System and Well
A new septic system is proposed on the site. An on-site system is needed because the City's
Anderson-Erickson community system may not have sufficient capacity to add a new use�. The
applicants will need to obtain the required permits for the septic system and well from
Washington County. The applicants discussed the locations for the septic system and well with
the City's Engineer and Pete Ganzel of the Washington County Health Department. The
proposed locations are based on their recommendations (see letter attached).
The proposed septic sYstem location will require a variance from the reauired setbacks from the
riqht-of-wav of Lavton Avenue and the side lot line._ The system is proposed in this location to
maximize the distance from Big Marine Lake, to build it on suitable soils, and to maintain the
required separation from the neighbor's septic system.
A new well is proposed within the side yard setback. The proposed location will require a
variance from the setback requirement. The well is proposed in this location in order to maintain
the required separation from the proposed septic system and neighbor's septic system.
Stormwater Management and Land Akeratlon
The proposed site grading plan is shown on the site ptan. The applicant needs to meet the
requirements of the Carnelian-Marine Watershed District and the City's zoning and subdivision
ordinance for stormwater management, erosion cont�ol and land alteration.
The applicants will need to include a grading and erosion control plan in their application for a
Building Permit. The erosion control plan should identify the specific Best Management
Practices that the applicant will use to manage potential erosion, and should be consistent with
the Watershed District requirements.
The proaosed conditions require that the Applicant obtain a Buildinq Permit and Watershed
District permit for this proiect.
Landscape Plan
The plans indicate that 1 ash tree with a diameter of 6" and 4 ash trees with diameters of 12"
each will need to be removed to construct the new home. An existing large cottonwood that is
diseased will also need to be removed.
The applicants indicate that the 5 ash (uprimary deciduous"trees in the Code's definition)will be
replaced with a mix of 10 trees that are either deciduous trees with a 2.5" caliper trunk or
coniferous trees that are at least 6' in height. The trees are indicated in the island area in the
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Crane Variance Staff Report
Scandia Planning Commission Page 5 January 2, 2013
front yard, and at the side yard. The praqosed tree replacement meets the ordinance
reauirement. The ordinance does not require the replacement of diseased trees.
The landscape plan also shows proposed rain garden locations for storrnwater management,
and new plantings within the setback from the OHWL of the lake. The plan does not indicate
the species and sizes of the trees that are proposed to be planted, and does not indicate the
proposed ground cover in areas that will be disturbed. The proposed landscape plan generally
meets the ordinance requirements in Chapter 2, item 3.12. The applicant should provide a
revised landscape plan that indicates the sqecies and sizes of the alant materials aroposed on
the landscape alan and the tvue of qround cover that will be used, for staff review.
Agency Comments
The Planner provided a copy of the application and plans to the Minnesota DNR and the
Camelian-Marine-St Croix Watershed District(CMSCWD). The DNR requested that the City
determine whether the lot is currently owned by one of the adjacent owners—in that case it
could not be subdivided to create a new nonconf�rming lot. The Planner reviewed the lot's
history and found that it is not currently or recently part of an adjacent parcel.
CMSCWD comments are included in the appropriate sections of the staff report.
DETAILED DISCUSSION OF THE VARIANCE REQUEST
Ordinance 129 states that variances are allowed when the strict enforcement of the
Development Code would cause practical difficufties because of ci�cumstances unique to the
individual property under consideration. The criteria for granting a variance include the
following:
. The applicant proposes to use the property in a reasonable manner not pe�rnitted by the
Development Code.
• The plight of the landowner is due to circumstances unique to the property, not cxeated
by the landowner.
• The variance, if granted,will not alter the essential character of the locality.
• The practical difficulties are not due solely to economic conditions.
. The proposed variance will not impair an adequate supply of light and air to adjacent
properties, substantially increase the congestion of public streets, or increase the danger
of fire or endanger public safety, or substantially diminish or impair prope►ty values
within the neighborhood.
• That the requested variance is the minimum action required to eliminate the practical
difficulty.
. Practical difficulties include, but are not limited to inadequate access to direct sunlight for
solar energy systems.
Variance Reauesf
The applicant is requesting a variance from the following Code requirements:
. Lot size
. Setback from the OHWL of Big Marine Lake
• Setback from the road right-of-way of Layton Avenue for the home and septic system
• Setback from the side setback requirement for the well
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Crane Variance Staff Report
Scandia Planning Commission Page 6 January 2, 2013
• Lot coverage standard
The applicant's rationale for the variance request is as follows:
• The existing nonconforming lot is not buildable without a variance. The cuRent owners
did not create the lot.
• The existing lot is not large enough to allow for a single-family residence that would
conform to all of the zoning requirements.
• The single-family use is allowed in the zoning district.
• A single-family home of the scale and design proposed fits the character of the
surrounding neighborhood. The design of the home and proposed landscaping are
consistent with the aesthetics of the area and the desire to protect scenic views.
• The variance for the septic system and well are in harmony with the intent of the
ordinance to address environmental concerns and protecting natural resources, and
meets permit requirements.
FINDINGS VARIANCE REQUEST
The following bullets present the Planner's findings related to the Cranes' request for a
variance, based on the statutory criteria for granting a variance. Each of the criteria is shown in
italics:
• Variances shall only be permitted when they are in harmony with the general purposes cmd
intent of the o�cial control.
The proposed residential use is consistent with the Comprehensive Plan's goals and
policies for maintain residential uses in the General Rural District and Shoreland Zone.
The Comprehensive Plan also includes goals and policies to°preserve, protect and
enhance surface water quality in Scandia° and to design new development and retrofit
existing development to reduce the volume of runoff and polluted runoff.° Exceeding the
impe►vious surface coverage will generate additional surface water runoff, and may be in
conflict with surf'ace water management goals. The Planner recommends that the
�plicant consider options for reducinp the amount of impervious surface on the site and
for includinq the use of pervious pavers on the drivewav and sidewalk if this is needed to
meet the Watershed requirements to control the auantitv and qualitv of runoff from the new
impervious surFaces. The proposed conditions include a reauiremerrt to obtain the
reQuired Watershed District permit for the proiect.
• The property owner proposes to use the property in a reasonable manner under the
conditions allowed by of�icia!confro/(s).
Single Family Residences are permitted uses in the General Rural District, and septic
systems, wells and driveways are required for a single-family residence, subject to the
other requirements of the develapment code. The proposed use is reasonable under the
Development Code.
• The practica!d�culties are not caused by the landowner, and are unique to the property.
The practical difficulties are related to the small size of the lot. The lot was not created by
the applicants. It would not be feasible to develop a single-family residence on the
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Crane Variance Staff Report
Scandia Planning Commission Page 7 January 2, 2013
property that meets the setback requirements from the OHWL of the lake and the road
right-of-way.
The variance for the septic system and well are also related to the smait size of the parcel.
The locations f�r these systems are limited given the small size of the lot, the need to
locate the septic system on suitable soils, and the need to maintain the required
separation between the well and septic systems on this property and those on a
neighboring property. The location of the septic system so that it requires a variance from
the required setback from the roadway right-of-way is preferable to locating it so that a
variance would be required from the setback from the OHWL.
The variance for lot coverage is also related to the small size of the parcel. The house
and garage cover 2,620 square feet or 19% of the parcel. The aaalicant and Planninca
Commission will need to consider whether the size of the deck or drivewav can be
reduced to meet the coveraqe requirement, or whether pervious materials can be utilized
on the driveway or sidewalk to reduce the"effective° impervious surface area.
• The variance would not alter the essential character of the area.
The surrounding area is a developed with single-family homes and cabins on a variety of
lot sizes. The scale of the proposed home is similar to others on the lake. The variance
would not alter the essential character of the area.
• Economic conditions a/one shall nof constitute practical d�culties.
The practical difficulties are related to the small size of the existing lot, and the need to
locate the septic system and well where soils are feasible and the required separation from
other systems can be achieved. The difficulties are not related to economic conditions
alone.
• The proposed variance will not impair an adequate supply of light and air fo adjacent
properties, subsfantially increase the congestion of public streets, or incr�ease the danger
of fire or endanger public safety, or substantially diminish or impair property values wifhin
the neighborhood.
The structure is unlikely to impair the supply of light and air to adjacent properties,
increase congestion, increase the danger of fire, endanger public safety, or substantially
impair property values.
• That the requested variance is the minimum action required to eliminate the practica/
d�culty.
Lot size and setback variances: The proposed variances are the minimum actions needed
to locate a single-family home, garage and well and septic system on the lot while trying to
maintain separation from the lake.
Lot coveraae variance: The applicant and Planning Commission will need to consider
whether the size of the deck or driveway may be reduced so that no variance or a smaller
variance is needed; and whether pervious materials may be used for the driveway and/or
sidewalk to minimize the effective impervious area.
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Crane Variance Staff Report
Scandia Planning Commission Page 8 January 2, 2013
• Practical dr�culties include, buf are not limited fo inadequate access to direcf sunlight for
solar energy systems.
The proposed garage and driveway will not affect direct solar access for surrounding
properties.
ACTION REQUESTED:
The Planning Commission should discuss the Variance request, and can recommend the
following for the Variance request:
1. Approval
2. Approval with conditions
3. Denial with findings
4. Table the request
PLANNING STAFF RECOMMENDATIONS:
The Planner recommends that the Planning Commission approve the proposed variance from
the lot size requirement, setback requirements from the OHWL and roadway right-of-way, and
the setback requirements for the septic system and well. The Planner recommends that the
size of the proposed deck and driveway be reduced or that permeable pavers be utilized to
meet the coverage requirement or minimize the required variance from the requirement. The
Planner recommends the following conditions for the variance and conditional use permit:
1. The development on the property shall be in substantial compliance with the site plan
and landscape plan submitted to the City on December 11 and 26, 2012. The variance
allows construction of a single-family residence with attached garage that is setback 46
feet from the OHWL of Big Marine Lake, and 28.2 feet from Layton Avenue; and allows
construction of a septic system that is setback approximately 3 feet from the roadway
right-of way, and a septic system and well that are setback less than the required 10 feet
from the side property line.
2. The applicants shall obtain a Building Permit from the City prior to construction of the
home, septic system and well. The grading and erosion control plan required for the
building permit shall include the following p�actices:
a. The applicant shall protect existing trees during construction that are not
identified on the plan for removal.
b. The grading and erosion control plan shall include the Best Management
Practices required by the Camelian-Marine-St. Croix Watershed District.
3. The applicants shall obtain the required Watershed District permit for storm water
management and erosion control.
4. The applicants shall obtain the required septic system and well permits from Washington
County.
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Crane Variance Staff Report
Scandia Planning Commission Page 9 January 2, 2013
5. The applicants shall provide a revised landscape plan that indicates the species and
sizes of the plant materials proposed on the landscape plan, and the type(s) of ground
cover that will be used for staff review.
6. The Applicant shall pay all fees and escrows.
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File I�1o.
APPLICATION FOR PLANNING AND ZONING REQUEST
City of 5canclia, Minnesota
14727 209th Street North,Scandia,MN 55073
Phone 6511433-2274 Fax 651/433-5112 Wab Mtp://www.ci.seandia.mn.us
Please read bejore co�pleting: The City will not begin proee�aing an'application that is incomplete. Deta�7�submission
requirements may be found in the Scandia Development Code,availabla at the City office and website(www.ci.scandia.mn.us)and in
the checklist forms for the gartieular type of a�plication. Application fees are d�e at tl�e time af application and are not ref usdable.
1. Property Location: (street address, if applicable)
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2. WasLington County Parcel ' �� I�_.,,t�
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3. Complete Legal Description: (attach if necessary)
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4. Owner(s): Phone: CELL—
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5. Applicant/Contact Persan: Phane:
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Street Address(Mailing): E-Mail:
City/State: Zip:
6. Requested Action(s): (check all rhar apply)
� Varianoe Administra�ive Permit Amendmeut (Development C.ode)
Variance Fa�tension fh'P�) Amendment(.Cbmp.Plan)
Conditional Use Permit(CUP) Site Plan Review
��� Subdivision,Minor
CLTP Extension
CiJP/()pen Space Subdivi,sion.
Site Plan Modification Subdivision,Preliminary Plat/Major
CUP/Planned Unit Development S�p���tension Subdivision,Final Plat
Interim Use Permit(IUP) Sign(Permanent) Environmental Review
11/19/2010
7. Brief Description of Request: (attach separate sheet if necessary)
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8. Project Name:
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I hereby apply for consideration of the above described request and declare that the information and materials submitted
wiih this application are complete and accurate. I understand that no application shall be considered complete unless
accompanied by fees as required by city ordinance. Applications for projects requiring more than one type of review
shall include the cumulative total of aIl applicatian fees specified for each type of review. I understand that applicants
are required to reimburse the city for all out-of-pocket costs incurred for processing,reviewing and hearing the
application.These costs shall include,but are not limited to:parcel searches;publication and mailing of notices;review
by the city's engineering,planning and other consultants; legal costs,and recording fees. An escrow deposit to cover
thesc costs will be collected by the city at the time of application. 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 provided for by
ordinance. The city rttay increase the amount of tha required escrow deposit at any time if ihe city's costs are reasonably
expected to exceed the mini.mum amount. Any balance remaining after review is complete will be refunded to the
applicant. No interest is paid on escrow deposits.
PLEASE NOTE: If the fee owner is not the applicant,the appiicant must provide written authorization by the fee
owner in order for this application to be considered complete.
prop er Signature(s) Date:
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APp e�s� Date:
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For City Use Only
Application Fees:
Escmw Deposit:
l l/19/2010
Bryan & Karen Crane
9425 Norwood Ln N
Maple Grove,MN 55369
December 7,2010
TO:
City of Scandia
14727—209th St.N.
Scandia, MN 55073
REF: BRYAN & KAREN CItANE—NEW RESIDENCE
VARIANCE REQUEST
Property Location: 19107 Layton Ave,Scandia,MN
ATTACHMENT TO VARIANCE APPLICATION
T'he app(icant is requesting the following variances due to the hardship of the lot being othetwise
unbu ildable.
The subject properry has been maintained in separate ownership from contiguous parcels and is therefore
as a nonconforming lot,is considered a separate parcei for the purposes of sale or development.
A hardship exists because a single family home is an allowed land use in the Agricultural, Shore tand
Overlay Distticts,but the existing lot is not big enough to allow for a home that conforms to all
dimensional standards and allowable square footage requirements for a structure.
The tot being unbuiidabie meets the criteria for the request of variances. The applicant is requesting
variances for lot size, lot width,set-back from the Ordinary High Water Level of Big Marine Lake, right-
of-way setback to road,and Lot coverage of more than 25%.
See the attached chart for reference of the Standard Code,the 2008 Variaace tbat was granted,and
tbis current request. This applicadon is generally in conformance to previously approved
variances.
The current owners did not create the hardship of the smali lot size.
The construction of the proposed single family 1-story walk-out will not alter the essential character of
the area. The character of the area is a single family residential neighborhood with homes ranging in size
from small cabins to largac year-round homes. The proposed home is similar is scale to the other homes
located on small riparian lots on Big Marine Lake allowed through the variance process.
The proposed home is in harmony with the general purpase and intent of the�rdinance to address
environmental and aesthetic concerns,and is consistent with the Comprehensive Plan guidance for
protecting natural resources and scenic views. The addition of landscaping and preservation of existing
vegetation where feasible protects the environment and scenic view.
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The City engineer has recommended the Individual Sewage Treatment focation. Washington County has
recommended the site storm water drai3�age shown on the i.andscape Plan,for the best waier guality
protection.
The code requires that the water location be a minimum of 50 feet from the sewage treatment location.
There will be underground electric,cable TV,and lnternet to the house from the existing pole at the
northwest corner of the propeRy. There wili be no disturbance w+thin the high water setback area,and a
silt fence will be placed along#he north and lake sides as requested.
In regard to the site plan,there a 6-new coniferous trees along ihe north property to screen from the
neighbors_ The rest of the trees are placed to screen the house from the road_ There are 2-rain gardens in
the front lawn with plantings of native species to catch the swale run-offfrom both sides ofihe house.
After construction there will be 4"of mineral soi! with seed as required by the Water Conservation
Distric�The City Engineer will be approving the driveway materiaf as required.
There are 5 ash trees to be removed and replaced with 10 trees with a caliper of 2.5"of same deciduous
tree or 6 ft. coniferous tree of approved species. The buckthorn on the site wilf be removed,and the dying
cottonwood.See the Landscape Plan for the new planting locations and for the storm water drainage.
All fees will be paid.
Attached as follows:
. Certificate of Survey
• Aerial Photograph
• Landscape Plan
R ar , n �r
l/t f a�-
l��
Bryqn& Karen Crane
2
Washington County Page 1 of 1
W,.,.L:w.v{v� MoueO by
cLll lll l��ial i V w�puxM Appr�ylp,Int�
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Parcel Number: 30.032.20.44,0006
Property Address:
SCANDIA, MN
Class: RESIDENTIAL
Legal Description:
SUBDIVISIONNAME HOLIDAY BEACH 2ND PLAT LOT fi BLOCK 1
SUBDIVISIONCD 91306
Prior Year Value Information
Year Land Value Dwelling Value improvement Value Totat Value
2012 $233,700 $0 $0 $233,700
2011 $228,OQO $0 $0 $228,000
More Years...
Land Front Foot Information
Lat Front Rear Side 1 Side 2
Main l.ot 75.00 75.00 1.00 1��
Land Information
l.ot Type Square Feet Acres
Lump Sum 12,632 0.290
Sale lnformation
Saie Date Amount Recording
08/20/20'12 $220,OQ0
http://washington.minnesotaassessors.com/parcel.php?gid=47779 11/30/2012
IN-Washin�on ePayma�receipt.•- =..t..,,.........,..._...�.,...__ ---•--- - -. -
From: tgooes<te�•�.rm.us�
To: bigbrytl�ec�bi9bKyd�e�aol.corr►>
SubJec� MN-Vl�ashir�ton ePaY��P�..
D�ate: Fri.Oct 12.2012 5:'i5 pm
Thank you fo`using ePayment Services to ptocess your paymerrt oMine. Piease keep thi.s Bceipt ier your reoor�ds
ard if you hav�e any questions, Pi�se cor�tad us at..
yYashingtp�Gae��,y Taxpayer Services Oivlsion
14949 62nd Street PbrtF�
P.O. BoX 200
Stillwater, MN 55082-0200
(651)430-6175
Emai�ta�aes�co.washr�gton.mr�.us
Deacription Amount
Payment for 30.032.20.44.0006 $1,473.00
Nate:This is an a�amated messa9e� Please do not re�ly to ttis address.
10/12/20I2 6:06 F
, ,.��
Bryan &Karen Crane
9425 Norwood Ln N
Maple Grove, MN 55369
December 26, 2012
T0: Sherri Buss, City Planner for Scandia, MN
TDKA
444 Cedar Street, Suite 1500,
St. Paul, MN 55141
City o#Scandia
14727—209�'St.N.
Scandia,MN 55073
REF: BRYAN & KAREN CRANE—NEW RESIDENCE
Property Location: 19107 Layton Ave, Scandia,MN 55047
PID: 30.032.20.44.00Q7
LETTER ON OWNERSHIP
In 2048 a variance was granted on this parcel. Since then we have purchased the property and
are the current owners of the parcel. There is no affiliation, connection, or purchase or intended
sale made from or to the contiguous property owners identified as follows:
Neighbor to the North: Bradlev A.Bergo
Street address: 19123 Layton Ave.
Municipality: City of Scandia
City: Marine,MN 55047
PID: 30.032.20.44.0007
Nei�hbor to the South: Douslas E.&Karen M. Salmela
Stxeet address: 19091 L,ayton Ave.
Municipality: City of Scandia
City: Marine on St. Croix, , MN 55047
PID: 30.032.20.44.0005
Regaxds,
Bryan&Karen Crane
1
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Sherri A. Buss
From: msvcarlsan[msvcarlson@grr►ail.com]
Sent: Tuesday, December 18, 2012 11:3a AM
To: Sherri A. Buss
Subject: Landscape Plan- Revised as of 12-18-12
AttachmenEs: revised Landscape Plan 19107-1.pdf
Hi Sherri-
Since we are going for a variance;we propose bituminous instead of pavers for the driveway because of cost and
function.
It is very difficult to plaw a permeabfe paver driveway.
Pavers tend to pop-out,sink in certain areas, and require a significant maintenance in our 4-season change of ground
condition.
Let me know if you have further comment on this,
Regards,
Ar�i,F�tc�ur, 1K.c�
Gina Carlson
1
Let me know if you have further comrnent on this.
Regards,
Arc�+.�tQ-k-fur, t v�
Gina Carlson
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Scandia Plaza 11•2t150 Ozark Aver�ve•P,O.Baoc i$8•Scandia,MN sgo73•Tel 6g1.�.21�0
December 1'7,2012
Ms. Sherti Buss
TKDA
444 Cedar Street,Suite 1500
St Pau1,MN 55101
re: CMSCWD Commcnt 12-015 Crane Variance
Dear NLs.Buss:
Thank you for the opportunity to comment on this application which includes a lake set-
back and hard cover variance. The Disbrict does not favor granting variances in these
instances as they increase the possibility for negative nnpacts to Big Marine Lake,one of
the District's high value resources. However,we also realize that pre-e�risting small lots
require exceptions to be made and that this may be one of those situations.
This project will require a District permit for stormwater management,erosion contral
and shoreland buffers. The District recommends that the lake side setback be maximi�,ed
and the hardcaver be minimized as much as possible,and that the Watershed District
Permit be made a condifion of tlie variance. The requirements of our Permit will work to
mitigate further impacts to the lake.
'I'hank you again anci do not hesitate to call with any questions.
S' ly,
, J Sha�er ��
dministra#or
cc_ Kristina Handt City of Scandia
Bryan and Karen Crane applicants
Carl Almer Emmons&Oliviez Resources
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25°k o/TMeI Lot=3.412 pAck=729 ..... . .Coniferoua Trae �
House Type Welk Out - � � -----. _ ... ..p_.. .. . . _._.__ . ,�.
. _ .. ..._.. .. ......._.. . ._.- . Lat above 9422 Cont=�10,500 Steps&Lantltng=NA� Dedtluoua Tree
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Bryan & Karen Crane
9425 Norwood Ln N
Maple Grove, MN 55369
December 26, 2012
TO: Sherri Buss, City Planner for Scandia, MN
TDKA
444 Cedar Street, Suite 1500,
St. Paul, MN 55101
City of Scandia
14727 —209th St. N.
Scandia, MN 55073
REF: BRYAN & KAREN CRANE—NEW RESIDENCE
Property Location: 19107 Layton Ave, Scandia, MN 55047
PID: 30.032.20.44.0007
LETTER ON OWNERSHIP
In 2008 a variance was granted on this parcel. Since then we have purchased the property and
are the current owners of the parcel. There is no affiliation, connection, or purchase or intended
sale made from or to the contiguous property owners identified as follows:
Neighbor to the North: Bradlev A. Bergo
Street address: 19123 Layton Ave.
Municipality: City of Scandia
City: Marine, MN 55047
PID: 30.032.20.44.0007
Nei�hbor to the South: Douglas E. & Karen M. Salmela
Street address: 19091 Layton Ave.
Municipality: City of Scandia
City: Marine on St. Croix, , MN 55047
PID: 30.032.20.44.0005
Regards,
Bryan & Karen Crane
1
■� �+ ��������'��� W:ArchlfekturGo.com
P:612.805.3966 E:infoC�?ArchitekturGo.com
1161 E. Woyzata Blvd., #154, Wayzata, MN 55391
TO: Sherri Buss, City Planner for Scandia, MN
TDKA
444 Cedar Street, Suite I500,
St. Paul, MN 55101
City of Scandia
14727—209th St.N.
Scandia, MN 55073
RE: Karen and Bryan Crane, Owners &General Contractors
9425 Norwood Lane, Maple Grove, MN 55369
PH: 763-772-3243
NEW CUSTOM HOME DESIGN/BUILD
19107 Layton Ave., Scandia,MN 55047
LETTER ON SEPTIC & WATER LOCATIONS ON THE PROPERTY
SEPTIC:
From the input of the City Engineer, Phil Gravel, and the County Engineer, Pete Ganzel, it has
been determined that the best location for the septic is the NW corner of the property within the
setback area for hook-up to the gravity main.
WATER:
The water location to be 50+feet away from the sewer in alignment with the neighbor to the
north along the northerly setback area, and not under the eave of the house. The equipment used
for the installation of the well must have a clear height for drilling and maintenance, and the eave
would be an obstruction.
See the Landscape Plan for the proposed placement that we understand would require two
variances.
Also note the square footage changes in the charts at the bottom of the Landscape Plan.
We have discussed this with the Owners and they are in agreement with the changes per Plan.
Regards, Gina Carlson, Design Architect
1
NEW
_ = RESIDENCE
d � �or � 19107
t�� � N,,,.. La yton
�ga Ave
Ym� I O} � Scandia , Minnesota
t�$�� X L l
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BRYAN & KAREN CRANI
� �rc�� � F 6 �w �
� I �� �w � �w � 9425 NORWOOD LN N
: ` _ nor r,5rr.xT. u.rw rrw / MAPLE GROVE, MN 5538
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. / � Gina Carlson
/�, / AIA Associate
'...��;._.
� sy�oor.
xsnso> >a-oc-iz
�w ra oer
Lotivea CalcWetions Herd Cover Cakulelions Le9enG Symbd
DEVELOPMENT PLAN PROPOSED AS BUILT .. Totsl Lot=13,648 House 1824 Garage 844=2,868 Swale . . � LANDSCAPE PLAN
_-__. _ . __. . __ �
..�. ..25%af Total Lol=3.472 peck=729 .. - I ConHeraus T�ee �. ..� •��
House Type W�k O� _._.....___... . Lpt above 9422 Cant�=10,500 Steps&LarMing=NA .. I Dedduoua Tree ..� .. .p
.___._ ___.. __.__
Bsmt Floor Elev. �� 948.00 ��
� .._-_.. 5%of Lot above 942.2 ConG=2,825 Sldewalk 8 LenAinp=NA � I Nativa PlanUngs o ,
._ ._-___ ._. ____.
I Gara9B Floor Elev. .. ._.. . . . .. ._ - __ _ _. .. .. . .. Driveway=811 .. . - I Rein Gerden � � ._ . . . .
Top FourMation Elev. .. . . . Total=4.008 .. ._. . . .. . -. . . . . � O f �
T
November 5, 2008
The Scandia PlanninQ Commission held their regular monthly meeting on the above date. The
following were in attendance: Chairman Chris Ness, Commissioners Tom Krinke, Christine
Maefsky, Susan Rodsjo, Peter Schwarz and City Planner Sherri Buss. Chairman Ness called the
meeting to order at 7:30 p.m.
APPROVAL OF AGENDA. MINUTES
Commissioner Rodsjo added a discussion of the formation of a design standards committee.
Commissioner Schwarz,seconded by Commissioner Krinke, moved to approve the agenda
as amended. The motion passed unanimously.
Commissioner Schwarz,seconded by Commissioner Rodsjo, moved to approve the October
7,2008 regular meeting minutes. The motion passed unanimously.
Commissioner Schwatz,seconded by Commissioner Krinke, moved to approve the October
22,2008 special meeting minutes. The motion passed unanimously.
��TOM AND LISA STANEK—VARIANCES FOR NEW CONSTRUCTION,CONTINUED_�
The public hearing on the application of Tom and Lisa Stanek for variances including lot size
and lot setback to construct a new home on a vacant lot located at 19107 Layton Avenue was
continued from the September 2"d meeting.
Administrator Hurlburt gave a summary of a meeting held on September 23`d for the purpose of
discussing the long-term status of the 201 collector system. The conclusions determined that the
sewer system has capacity to serve the proposed new home.
City Planner Buss presented the planner's report which recommended approval of the variances
with findings and conditions which were incorporated into a draft resolution.
Commissioner Schwarz asked for clarification that lot coverage does not exceed 25%and the
building height is less than 35 feet. Building Official Thorp confirmed that the proposed
construction meets the ordinance.
Commissioner Krinke asked for details which lessened the lot coverage from a previous
submission. The Applicant's builder explained that the driveway was narrowed,the size of the
garage reduced and the permeable paver issue resolved. Lot coverage is under 25%.
Commissioner Maefsky asked if the drainage issue has been considered, as neighboring property
owner Brad Bergo felt a structure on this lot would lead to flooding onto his property. Mr.
Stanek replied that topographical maps show that natural drainage will not be altered.
Instailation of rain gardens will enhance the drainage.
Commissioner Schwarz asked for confirmation that the house will be above the OHW,which
Stanek's architect confirmed.
Scandia Planning Commission
November 5,2008
Page 2 of 3
Chairman Ness opened the public hearing.
Liz Kramer, 19126 Layton Avenue: Ms. Kramer addressed a comment to Mr. Stanek which
Chairman Ness ruled to be out of order.
Brad Bergo, 19123 Layton Avenue: Mr. Bergo asked for an explanation of lot coverage
calculations. Planner Buss stated that coverage is determined electronically and does not exceed
25%.
Chairman Ness closed the public hearing.
Commissioner Schwarz moved to approve draft Resolution 11-OS-08-04 Approving the Variance
Request for 19107 Layton Avenue. For purpose of discussion, Chairman Ness seconded the
motion.
Chairman Ness stated that he was opposed to granting the variances for new construction. He felt
this would set a precedent for future new construction, and cited that in the past, most variances
were granted to lots which already had existing structures.
Commissioner Maefsky also stated opposition, as the applicant was aware of the small lot size
when he purchased it, and does not feel that a hardship can be justified. Commissioner Maefsky
stated concerns of the questionable capacity of the 201 sewer system, and cited a letter submitted
by David Berg which yuestioned how development can be allowed on a substandard lot.
Commissioner Rodsjo stated opposition due to the potential detrimental effects new construction
could have on lake quality, and that the owner was aware of the small lot size when purchased.
Commissioner Krinke, also opposed, felt this was too much house for too little of a lot. The
magnitude of the variance reyuest for lot size, near 90%, is not reasonabte. This is an example of
a large house being shoehorned into a small lot. Protection of lakes and streams should factor
into the Commission's decision.
Chairman Ness asked for a vote on Commissioner Schwarz's motion to approve the variance
request. Voting yes: Schwarz. Voting no: Rodsjo,Ness, Maefsky, Krinke. Motion failed.
Chairman Ness, seconded by Commissioner Krinke, moved to recommend to the City Council to
deny draft Resolution 11-OS-08-04 with the following findings: 1) It is a vacant lot with no pre-
existing structure; 2) The size of the lot was known when purchased; 3) There is potential
negative impact to lake quality; and 4) The size of the house is too large for the small lot. Voting
yes: Rodsjo,Ness, Maefsky, Krinke. Voting no: Schwarz. Motion passed.
JIM AND NANCY HERMES—MINOR SUBDIVISION AND VARIANCE IN KIRKHILL
ESTATES
City Planner Buss summarized the request submitted by applicants Jim and Nancy Hermes. They
have requested a minor subdivision to create two parcels, which also requires a variance to
exceed the maximum 4 per 40 density for property located at 22577 Kirk Avenue. The property
Scandia Planning Commission
November 5,2008
Page 3 of 3
was once two separate lots as part of the Kirkhill Estates subdivision(Lots 6 and 7, Block 2)
when platted in 1972. The two lots were combined into one 4.6 acre parcel in 1995 by the
applicants for tax purposes. The proposed Parcels A and B are each 2.3 acres in size. Zoning
regulations have changed since the original subdivision. Planner Buss recommended approval of
both the minor subdivision and variance based on findings outlined in a draft resolution.
Chairman Ness opened the public hearing. There were no comments and the hearing was closed.
Commissioner Maefsky asked for clarification of the County's soil reports.
Commissioner Schwarz asked for verification that the request meets the minor subdivision
ordinance. City Attorney Hebert stated that the request fits the intent of the ordinance.
Commissioner Maefsky, seconded by Commissioner Rodsjo,moved to recommend to the City
Council to adopt Resolution 11-OS-08-OS Minor Subdivision and Variance Request for 22577
Kirk Avenue. The motion passed unanimously.
DESIGN STANDARDS COMMITTEE
Commissioner Rodsjo addressed the need for the formation of a Design Standards Committee for
commercial buildings within the Village Center, Village Neighborhood and Rural Commercial
Nodes. This committee would create a guideline for standards to be incorporated into the
updated ordinance following the adoption of the new comprehensive plan. It was proposed to
have representation from the Planning Commission and Council and to advertise for volunteers
who have expertise in architectural standards. Commissioners Rodsjo and Maefsky expressed
interest in serving on this committee. Administrator Hurlburt will prepare a press release asking
for volunteer service,to be sent to professional organizations.
WILLOWBROOK COMMUNITY CHURCH—FINAL ACTION ON CUP
The review period for Willowbrook Community Church's application for a Conditional Use
Permit for a place of worship on a 40.5 acre site west of 11262 Scandia Trail will expire on
November 17, 2008. The applicant has not fulfilled the conditions outlined in Resolution 03-OS-
08-03 which set criteria for approval of a CUP. A revised site plan was requested, along with
screening, landscaping and lighting plans. Willowbrook Church appears to have abandoned their
plan to construct a church at this site.
Commissioner Schwarz, seconded by Commissioner Maefsky,moved to recommend to the City
Council to adopt Resolution 11-OS-08-06 Denying Application by Willowbrook Church for a
Conditional Use Permit. The motion passed unanimously.
Commissioner Krinke, seconded by Commissioner Rodsjo, moved to adjourn.
T'he meeting adjourned at 8:40 p.m.
Respectfully submitted,
Brenda Eklund
Deputy Clerk
November 5, 2008
A regular meeting of the Scandia Cit�C_ncil was held on the above date. Mayor Seefeldt
called the meeting to order at 7:00 p.m. The following councilmembers were present: Council
members Pete Crum, Michael Harnetty, Dolores Peterson, Donnette Yehle, Mayor Dennis
Seefeldt. Staff present: Administrator Anne Hurlburt, City Attorney Dave Hebert, City Planner
Sheni Buss, Building Official Steve Thorp, Deputy Clerk Brenda Eklund.
APPROVAL OF THE AGENDA
A discussion of Board of Review training for council members was added to the agenda.
Councilmember Yehle,seconded by Councilmember Peterson, moved to approve the
agenda as amended. The motion passed unanimously.
CERTIFICATION OF UNPAID CHARGES FOR 201 SEWER SYSTEM-RESOLUTION
11-04-08-01
Mayor Seefeldt opened the public hearing to allow property owners with unpaid accounts for the
201 Community Sewage Treatment System the opportunity to object to the certification of
unpaid charges. There were no public comments and Mayor Seefeldt closed the hearing. A
resolution incorporating the users' names and amounts due was presented to the council. The
property owners have 10 days to pay the delinquent amount, after which the amount will be
billed to the owner's property tax statement payable in 2009,at 7% interest. Councilmember
Peterson, seconded by Mayor Seefeldt, moved to adopt Resolution 11-OS-08-01 Certifying
Unpaid Charges for the 201 Community Sewage Treatment for Collection with Property
Taxes. The motion passed unanimously.
CANVASS RESULTS OF NOVEMBER 4.2008 ELECTION -RESOLUTION 11-04-08-02
Council was presented with a resolution declaring the results of the November 4, 2008 municipal
election. Mayor Seefeldt was re-elected, and John Lindell and Connie Amos were elected to four
year terms on the City Council. Councilmember Peterson,seconded by Councilmember
Harnetty, moved to adopt Resolution 11-04-08-02 Certifying the Results of the November 4,
2008 City Election. The motion passed unanimously.
REPORT ON PERFORMANCE REVIEW
Mayor Seefeldt presented a verbal report on the special closed meeting held on October 2'7,2008
for the purpose of Administrator Hurlburt's performance review. The Council had positive
comments and discussed ways in which staff and Council could work together to improve the
functions of the administrator's position.
SCANDIA DAY AT TROLLHAUGEN—DECEMBER 27,2008
The Park and Recreation Committee have proposed to sponsor a"Scandia Day at Trollhaugen"
event similar to last year's snow tubing event. The City will handle the registrations and release
forms for participants. Councilmember Harnetty,seconded by Councilmember Peterson,
moved to approve the Park and Recreation Committee's proposed "Scandia Day at
Trollhaugen" tubing event on December 27,2008. The motion passed unanimously.
Scandia City Council
November 5,2008
Page 2 of 6
APPOINTMENT OF PART-TIME SEASONAL MAINTENANCE WORKERS
Interviews were recently held with candidates for the part-time, seasonal maintenance worker
position. The Human Resources Committee (Council members Crum and Peterson and
Administrator Hurlburt) has recommended the hiring of Rick Regnier, for approximately 24
hours per week at the pay rate of$17.00 per hour. In addition,the Committee recommends that
Bruce Swenson, Bob Lindblom and Roger Rydeen be appointed to assist with snow removal on
an"on-call"basis at the pay rate of$17.00 per hour. Councilmember Yehle,seconded by
Councilmember Peterson, moved to approve the appointments for part-time seasonal
maintenance workers as recommended by the Human Resources Committee. The motion
passed unanimously.
APPOINTMENT OF ACTING PUBLIC WORKS SUPERVISOR
With Public Works Supervisor John Morrison out on medical leave,the Human Resources
Committee has recommended the temporary appointment of Maintenance Worker Mike
Egelkraut to serve as Acting Public Works Supervisor, at a pay rate of$21.00 per hour.
Councilmember Peterson,seconded by Councilmember Crum, moved to approve the
appointment and pay increase as recommended by the Human Resources Committee for
Mike Egelkraut,effective November 1,2008. The motion passed unanimously.
ANNUAL OPERATORS PERMITS,MINING OPERATIONS
The applications for Annual Operator's Permits for the three mining operations in Scandia were
initially considered by the Council at the September 16, 2008 meeting and tabled until complete
information was submitted. City Planner Sherri Buss presented recommendations for each
application.
Bracht Bros.,Inc.
Two significant items remain to be completed as required by the Conditional Use permit issued
in May 2008. A groundwater monitoring well was incorrectly installed in a perched system and
not deeply enough to reach the water table aquifer. A new well needs to be constructed that
monitors the aquifer as required. Secondly, a letter of credit or other security must be provided to
the City. Councilmember Peterson, seconded by Mayor Seefeldt, moved to continue to table
the request for an Annual Operator's Permit for Bracht Bros.,Inc. until all conditions are
met. The motion passed unanimously.
Dresel Contracting,In�
City Planner Buss recommended approval of the Annual Operator's Permit for Dresel
Contracting with a condition that the Applicant provide the required Letter of Credit or other
security to the City.All conditions of Dresel's CUP have been fulfilled. Councilmember
Harnetty,seconded by Councilmember Crum, moved to adopt Resolution 11-05-08-03
Approving the Annual Operating Permit Application of Dresel Contracting,Inc. for Sand
and Gravel Mining and Processing. The motion passed unanimously.
Tiller Corporation,Inc.
Due to the detection of Diesel Range Organics (DRO's) in samples from one of the groundwater
monitoring wells, it was necessary to allow the MPCA to resample and determine what actions,
if any, would need to be taken. Planner Buss received the results just prior to the meeting which
Scandia City Council
November 5,2008
Page 3 of 6
detected no presence of DRO's in the follow-up sample. The MPCA recommends no further
action other than the regular monitoring. Kirsten Pauly, Sunde Engineering, clarified that the
well in which the DRO's were detected was considered a background monitoring well to provide
a baseline sample, and not within the parameters of the monitoring well network. Other than
providing a Letter of Credit, all other conditions of Tiller's CUP have been met. A resolution
approving Tiller's AOP will be presented to the council at their next regular meeting.
Councilmember Yehle,seconded by Mayor Seefeldt, moved to table Tiller's AOP
application to the November 18,2008 council meeting. The motion passed unanimously.
UTILITY PERMIT FOR U.S. CABLE
U.S. Cable has applied for a utility permit to install a CATV under Oren Avenue, at two
locations. Councilmember Crum,seconded by Councilmember Peterson, moved to approve
the Utility Permit for U.S. Cable. The motion passed unanimously.
BOARD OF REVIEW TRAINING
It will be necessary to have at least one councilmember receive Appeal and Equalization
Training so that the City may schedule a Board of Review next year. Councilmember Crum and
Mayor Seefeldt indicated that they will attend a County Board training on December 1 gth
The Planning Commission meeting was called to order at 7:30 p.m. The following were
present: Commission Chair Chris Ness, Commissioners Tom Krinke, Christine Maefsky,
Susan Rodsjo,Peter Schwarz and City P[anner Sherri Buss.
� TOM AND LISA STANEK—VARIANCES FOR NEW CONSTRUCTION,CONTINUED
The public hearing on the application of Tom and Lisa Stanek for variances including lot size
and lot setback to construct a new home on a vacant lot located at l 9107 Layton Avenue was
continued from the September 2"d meeting.
Administrator Hurlburt gave a summary of a meeting held on September 23`d for the purpose of
discussing the long-term status of the 201 collector system. The conclusions determined that the
sewer system has capacity to serve the proposed new home.
City Planner Buss presented the planner's report which recommended approval of the variances
with findings and conditions which were incorporated into a draft resolution.
Commissioner Schwarz asked for clarification that lot coverage does not exceed 25%and the
building height is less than 35 feet. Building Official Thorp confirmed that the proposed
construction meets the ordinance.
Commissioner Krinke asked for details which lessened the lot coverage from a previous
submission.The Applicant's builder explained that the driveway was narrowed,the size of the
garage reduced and the permeable paver issue resolved. Lot coverage is under 25%.
Commissioner Maefsky asked if the drainage issue has been considered, as neighboring property
owner Brad Bergo felt a structure on this lot would lead to flooding onto his property. Mr.
Scandia City Council
November 5,2008
Page 4 of 6
Stanek replied that topographical maps show that natural drainage will not be altered.
Installation of rain gardens will enhance the drainage.
Commissioner Schwarz asked for confirmation that the house will be above the OHW, which
Stanek's architect confirmed.
Chairman Ness opened the public hearing.
Liz Kramer, 19126 Layton Avenue: Ms. Kramer addressed a comment to Mr. Stanek which
Chairman Ness ruled to be out of order.
Brad Bergo, 19123 Layton Avenue: Mr. Bergo asked for an explanation of lot coverage
calculations. Planner Buss stated that coverage is determined electronically and does not exceed
25%.
Chairman Ness closed the public hearing.
Commissioner Schwarz moved to approve draft Resolution 11-OS-08-04 Approving the Variance
Request for 19107 Layton Avenue. For purpose of discussion, Chairman Ness seconded the
motion.
Chairman Ness stated that he was opposed to granting the variances for new construction. He felt
this would set a precedent for future new construction, and cited that in the past, most variances
were granted to lots which already had existing structures.
Commissioner Maefsky also stated opposition, as the applicant was aware of the small lot size
when he purchased it, and does not feel that a hardship can be justified. Commissioner Maefsky
stated concerns of the questionable capacity of the 201 sewer system, and cited a letter submitted
by David Berg which questioned how development can be allowed on a substandard lot.
Commissioner Rodsjo stated opposition due to the potential detrimental effects new construction
could have on lake quality, and that the owner was aware of the small lot size when purchased.
Commissioner Krinke, also opposed, felt this was too much house for too little of a lot. The
magnitude of the variance request for lot size, near 90%, is not reasonable. This is an example of
a large house being shoehorned into a small lot. Protection of lakes and streams should factor
into the Commission's decision.
Chairman Ness asked for a vote on Commissioner Schwarz's motion to approve the variance
reyuest. Voting yes: Schwarz. Voting no: Rodsjo,Ness, Maefsky, Krinke. Motion failed.
Chairman Ness, seconded by Commissioner Krinke, moved to recommend to the City Council to
deny draft Resolution 11-OS-08-04 with the following findings: 1) It is a vacant lot with no pre-
existing structure; 2) The size of the lot was known when purchased; 3) There is potential
negative impact to lake quality; and 4)The size of the house is too large for the small lot. Voting
yes: Rodsjo,Ness, Maefsky, Krinke. Voting no: Schwarz. Motion passed.
Scandia City Council
November 5,2008
Page 5 of 6
The council discussed the Planning Commission's recommendation to deny the variance request.
Councilmember Peterson stated that she agrees with the Planning Commission's decision to deny
the request as the small lot has been assessed for property tax purposes as unbuildable and
connecting into the 201 sewer system may lead to future problems.
Councilmember Crum asked for City Attorney Hebert's advice on this matter. Hebert explained
that this is a reasonable use of property and the variance request is similar to other lots on the
lake that received approval. The meeting of September 23`d with Washington County verifies
that there is space on the 201 sewer system for future hook-ups. In addition, being that the lot
was in separate ownership, it meets the yualifications of a legal non-conforming lot. The findings
given by the Planning Commission for denial may not be defensible in court.
Councilmember Yehle stated that this variance reyuest for lot size and setbacks is similar to
approved requests granted to surrounding lots. Best Management Practices to control run-off can
minimize impact to the lake. Research has verified that the 201 system does have capacity for
additional hook-ups. The applicants have complied with requests to alter the house plans to fit
into the neighborhood. For these reasons, Councilmember Yehle sees no reasons to deny the
variance request.
Councilmember Crum stated that even though this looks like poor planning from years ago when
initially platted,the intent was to consider this a buildable lot, and cannot find sufficient reason
for denial.
Councilmember Harnetty stated his view that the 201 sewer system appears robust and able to
accommodate additional hook-ups. A point was made earlier that there is no such thing as an
unbuildable lot once certain conditions are met. The Planning Commission's findings appear thin
and may not hold up in court.
Mayor Seefeldt sees this variance request as consistent with those necessary for this
neighborhood. The applicant did downsize from the earlier submission and has BMP's such as
raingardens in place to manage stormwater runoff. The owners paid a full assessment on the road
project in 1998, which then classified the lot as buildable. It would be on thin ice to deny this
variance request.
Mayor Seefeldt suggested a few additions to the conditions of the draft resolution, including
working with the city and watershed district to install landscaping for screening and stormwater
management. An easement shall be granted to allow for inspection and maintenance to any
BMPs. If necessary, the cost of maintenance shall be assessed back to the landowner.
Councilmember Yehle,seconded by Councilmember Harnetty, moved to adopt Resolution
11-OS-08-04 Approval of Variance Request for 19107 Layton Avenue as amended. Voting
yes: Crum,Seefeldt, Harnetty,Yehle. Voting no: Peterson. Motion passed.
Scandia City Council
November 5,2008
Page 6 of 6
JIM AND NANCY HERMES—MINOR SUBDIVISION AND VARIANCE IN KIRKHILL
ESTATES
City Planner Buss summarized the request submitted by applicants Jim and Nancy Hermes. They
have requested a minor subdivision to create two parcels,which also requires a variance to
exceed the maximum 4 per 40 density for property located at 22577 Kirk Avenue. The property
was once two separate lots as part of the Kirkhill Estates subdivision (Lots 6 and 7, Block 2)
when platted in 1972. The two lots were combined into one 4.6 acre parcel in 1995 by the
applicants for tax purposes. The proposed Parcels A and B are each 2.3 acres in size.Zoning
regulations have changed since the original subdivision. Planner Buss recommended approval of
both the minor subdivision and variance based on findings outlined in a draft resolution.
Chairman Ness opened the public hearing. There were no comments and the hearing was closed.
Commissioner Maefsky asked for clarification of the County's soil reports.
Commissioner Schwarz asked for verification that the request meets the minor subdivision
ordinance. City Attorney Hebert stated that the reyuest fits the intent of the ordinance.
The Planning Commission recommended approval of the minor subdivision and variance request
for Jim and Nancy Hermes.
Councilmember Harnetty,seconded by Councilmember Peterson, moved to accept the
recommendation of the Planning Commission to adopt Resolution 11-05-08-05,Minor
Subdivision and Variance Request for 22577 Kirk Avenue North. The motion passed
unanimously.
WILLOWBROOK COMMUNITY CHURCH—FINAL ACTION ON CUP
The review period for Willowbrook Community Church's application for a Conditional Use
Permit for a place of worship on a 40.5 acre site west of 11262 Scandia Trail will expire on
November 17, 2008. The applicant has not fulfilled the conditions outlined in Resolution 03-OS-
08-03 which set criteria for approval of a CUP. A revised site plan was requested, along with
screening, landscaping and lighting plans. Willowbrook Church appears to have abandoned their
plan to construct a church at this site.
The Planning Commission recommended adoption of a resolution denying the CUP application.
Councilmember Peterson, seconded by Councilmember Crum, moved to accept the
recommendation of the Planning Commission to adopt Resolution 11-OS-08-06,Denying
Application by Willowbrook Church for a Conditional Use Permit. The motion passed
unanimously.
Councilmember Yehle,seconded by Councilmember Peterson, moved to adjourn.
The meeting adjourned at 8:40 p.m.
Respectfully submitted,
Brenda Eklund, Deputy Clerk
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Lot Area Calcula[ions Hard Cover Calculatbns Legend Symbol
DEVELOPMENT PLAN PROPOSED AS BUILT Total Lot=13,648 House 1824 Garage 844=2,668 Swale LANDSCAPE PLAN
I 25%of Total Lot=3,412 Deck=729 I Coniferous Tree �
House Type Walk Out Lot above 942.2 ConL=70,500 Sleps&Landing=NA I Deciduous Tree � ,
Bsmt.Floor Elev. 948.00 -`—O"—`=-----
5%ot Lot above 9422 Cont.=2,625 Sidewalk 8 Landing=NA (Native Plantings o
I Garage Floor Elev. I Driveway=611 I Rain Garden �
Top Fountlalion Elev. I �To1a1=4,008 � I � I - -� �-�
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