6.a) Variances from Lot Requirements to Construct a dwelling at 19107 Layton Ave., MN. Bryan and Karen Crane. (� a)
444 Cedar Street,Suite 1500
Saint Poul,MN 55101
651.292.4400
� tkda.com
TKDA
Memorandum
To: Scandia Planning Reference: Crane Variance Application,
Commission City of Scandia
Kristina Handt, City
Administrator
Copies To: Bryan and Karen Crane,
Applicants
Project No.: 15023.013
From: Sherri Buss, Planner Routing:
Date: February 28, 2013
SUBJECT: Crane Application for Variance from Lot Requirements, Setbacks and
Lot Coverage for Single-Family Residence
MEETING DATE: March 5, 2013
LOCATION: 19107 Layton Avenue
Scandia, Minnesota
APPLICANT: Bryan and Karen Crane
9425 Norwood Lane North
Maple Grove, MN 55369
ZONING: General Rural (GR) District and Shoreland Overlay District
120-DAY PERIOD: April 13, 2013
ITEMS REVIEWED: Application and Site Plans received December 11 and updated
Landscape Plan received December 18, 2012; revised plans and
Calculations received January 15 and February 22, 2013 and
additional communications from Bryan Crane February 25-27.
THIS STAFF REPORT HAS BEEN REVISED TO REFLECT THE MOST RECENT PLAN
SUBMITTED BY THE APPLICANT ON FEBRUARY 22, 2013.
BRIEF DESCRIPTION OF THE REQUEST:
The applicants are proposing to build a home on a nonconforming lot in the Shoreland Zone of
Big Marine Lake. The lot is .31 acres in size. The applicants are requesting variances from
dimensional standards in the ordinance to allow construction of the home, including: lot size,
An employee owned company promoting affirmative action and equal opportunity
Crane Variance Staff Report
Scandia Planning Commission Page 2 March 5, 2013
structure set-back from the Ordinary High Water Level (OHWL) of the lake, structure setback
from Layton Avenue, and the 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. The 2008 applicants received variances from the lot size and
structure setback requirements, but revised the plan in order to comply with the lot coverage
standard.
The Planning Commission discussed this request at its meetings on January 2 and February 13,
2013. The Commission tabled the application, and directed the applicants and their
representatives to make revisions to the plans to comply with the lot coverage standards in the
Shoreland Ordinance.
The applicants submitted revised plans and caiculations on January 15 and February 22, 2013.
This staff report analyzes the February 22 plan based on the ordinance requirements. Changes
from the previous plan include the following:
• The applicants have reduced the size of the home (by 333 square feet), and deck (by
511 square feet), and eliminated the proposed stairway and front entry walk.
• The applicants are showing a "4 track" driveway. The tracks would be approximately 8"
wide and made of concrete. They indicate that the area between the tracks will be filled
with soil and grass, and propose that the grassed areas not count as impervious cover.
The significant changes to the staff report, based on the revised plans submitted on 2/22/13, are
in the section entitled Maximum Lot Coverage, below.
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 and within the General Rural (GR) Zoning District. The
parcel is a nonconforming lot within the Shoreland District (it was created in 1962).
Requirements for nonconforming lots are detailed in Section 17 of the Shoreland Ordinance,
and in Section 7.1 of the Shoreland Ordinance (as referenced in Section 17). The applicants
are proposing construction of a home with an attached garage, deck, driveway, septic tank and
well. The revised plans submitted on February 22 are attached.
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 residentia► 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 Comprehensive Plan's recommendations for
uses and densities in the GR District and Shoreland Overlav District.
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Crane Variance Staff Report
Scandia Planning Commission Page 3 March 5, 2013
Lot Size
The existing lot is .31 acres in size. The revised plan indicates that the area of the lot above the
OHWL is 10,500 feet (.24 acres). 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 without a
variance 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 (Section 17.0 of the Shoreland Ordinance).
The existing lot includes a total of 13,648 square feet, with 10,500 square feet above the
OHWL. 60% of the minimum 2-acre lot required in the ordinance is 52,272 square feet. The
applicant therefore reauires a variance from the lot size requirement to develop the proposed
home on the lot.
The ordinance requires a minimum frontage of 160 feet on a public roadway. The Shoreland
Ordinance indicates that nonconforming lots that are within 60% of the requirement do not need
a variance from the required frontage. The width of the existing lot and frontage on Layton
Avenue is 113 feet. 60% of 160 feet is 96 feet. The lot therefore meets the frontape
requirements for nonconforminq lots in the Shoreland District.
Setbacks
The setback requirements in the Shoreland Overlay 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 structure setback from the right-of-way line for a public street.
The proposed structure (including deck and stairway) is approximately 37 feet from the OHWL
of 942.2 feet on Big Marine Lake, and therefore requires a variance from this setback
requirement. (The applicant needs to submit a revised plan that shows the OHWL. The
Planner utilized information from the original plan to locate the OHWL on the revised plan.)
The proposed structure meets the side setback requirements. The previous revision (January
15, 2013) indicated that the proposed locations of the septic tank and well met the side setback
requirements. The tank and well are not shown on the revised plan. The applicant indicated to
the Planner in an e-mail on February 26 that the proposed well and septic tank locations for the
February 22 plan are the same as the locations shown on the January 15 plan. The applicant
will be required to submit a revised plan that shows the proposed location of the septic tank and
well to verify that these elements meet the setback requirements.
The proposed structure is setback approximately 27 feet from the right-of-way of Layton
Avenue, and therefore requires a variance from this requirement. The residential structure
needs a variance from the required setback from the OHWL of Biq Marine Lake and the
required setback from the Layton Avenue riqht-of-wav. The applicants need to submit a plan
showinq the location of the OHWL and the locations of the proposed septic tank and well for
final verification of setbacks.
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Crane Variance Staff Report
Scandia Planning Commission Page 4 March 5, 2013
Maximum Lot Coverage
The maximum allowed lot coverage in the Shoreland District is 25%. The ordinance requires
that only the lot area above the OHWL be used to calculate coverage. The Planner noted this
requirement to the applicants' representatives at a pre-application meeting, but the area above
the OHWL was not identified on the first plan submittal or used for the impervious cover
caiculations. The area of the parcel above the OHWL is shown on the plans submitted on
February 22. The area above the OHWL on the parcel is 10,500; 25% of 10,500 is 2,625
square feet.
The proposed lot coverage, based on the plan submitted on February 22, is the following:
House 1443 square feet (26'x55.5')
Garage 484 square feet (22'x22')
Storage 360 square feet (18'x20')
Deck 266 square feet (14'x19')
Driveway tracks 75 square feet 4(.67'x28)
TOTAL 2,628 square feet
The revised plan is approximately 3 feet above the maximum lot coverage standard.
The applicanYs revised plan assumes that the proposed "driveway" surface is a set of four
concrete tracks. Grass would be planted between the tracks. The Planner forwarded the
revised plan to Carnelian-Marine-St. Croix Watershed District to get the District's comments on
the proposed plan and driveway surface.
Issues for the Planning Commission:
• The Commission will need to consider whether the "tracks" in the drivewav area will be
counted as the oniv impervious surface in the drivewav area. If the area between the
tracks is also counted as imqervious, the driveway coveraqe area would be 392 sauare
feet rather than 75 square feet.
• If this surface is allowed, the concrete tracks need to be located and spaced so that car
tires will utilized the surfaces to enter and exit the garage.
• The Planner discussed the revised plan with Jim Shaver, Administrator of CMSCWD on
February 27. The District also sent a letter providing comments. A summary of the
conversation and comments is as follows:
o Mr. Shaver did discuss the option to use the concrete track approach with the
applicants, and indicated to them that the City could consider this approach. If
the City approves the plan with this approach, the District would require that 1)
the soil underlying the driveway area between the tracks be modified to include
4" of organic topsoil to support grass growth and 8" of sand so that the area
would resist compaction in the future. The District should inspect the installation
of the soil and driveway prior to seeding or sodding.
o The Watershed District rules define impervious surfaces to include surfaces that
are compacted or "likely to become compacted from expected use." The
driveway would need to use a design and materials that would resist compaction,
or should not be counted as a pervious surface.
o The District emphasized that the decisions on impervious cover definition and
requirements are the City's decisions.
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Crane Variance Staff Report
Scandia Planning Commission Page 5 March 5, 2013
o If the City accepts the "track" design, the District will also review the sizes of the
proposed rain gardens with the applicants. The size should be increased if
needed to accommodate stormwater runoff that could be generated if the grass
areas of the driveway become compacted over time.
The Watershed District's first comment letter on this project noted 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 District's high value
resources. However, we also realize fhat pre-existing small lots require exceptions to be
made and that this may be one of those situations.
"This project wil/require a District permit for stormwater management, erosion control
and shoreland buffers. The District recommends that the lake side setback be
maximized and the hardcover be minimized as much as possible, and that the
Watershed District Permit be made a condition of the variance. The requirements of our
permit will work to mitigate further impacts to the lake."
The Planninq Commission should consider the revised plans and the DistricYs comments in
reviewinq the variance reauest and alternative stormwater manaaement practices proposed for
the drivewav.
Accessory Structures
The applicants are proposing an attached garage. No detached accessory structures are
proposed in the application.
Building Heighf
The maximum building height permitted in the General Rural District is 35 feet. The City defines
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
included in the original plans was 16 feet. The proposed buildinq meets the heictht reauirements
in the zoninq ordinance.
Wastewater System and Well
The applicants are proposing to be added to the City's community septic system, and to add a
well. The plans submitted on January 15 identified a location for the septic tank that will be
needed on the property, and the proposed location of the well. The applicants indicated
verbally to the Planner that the location of the proposed tank and well are still the locations
shown on the January 15 plan.
The applicants should revise the plan submitted on Februarv 22 to show the proposed septic
tank and well locations.
Stormwater Managemenf and Land Alteration
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Crane Variance Staff Report
Scandia Planning Commission Page 6 March 5, 2013
The proposed site grading plan is shown on the site plan. 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 control 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 qroposed conditions reauire that the Applicant obtain a Buildinq Permit and Watershed
District permit for this proiect.
Landscape Plan
The previous plans indicated 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 wili also need to be removed.
The applicants indicate that the 5 ash ("primary 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
front yard, and at the side yard. The proposed tree replacement meets the ordinance
requirement. The ordinance does not require the replacement of diseased trees.
The landscape plan also shows proposed rain garden locations for stormwater 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 species and sizes of the plant materials proposed on
the landscape plan and the tvpe 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
Carnelian-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 nonconforming 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 difficulties because of circumstances unique to the
individual property under consideration. The criteria for granting a variance include the
following:
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Crane Variance Staff Report
Scandia Planning Commission Page 7 March 5, 2013
• The proposed variance is consistent with the Comprehensive Plan and the intent of the
Development Code.
• The applicant proposes to use the property in a reasonable manner not permitted by the
Development Code.
• The plight of the landowner is due to circumstances unique to the property, not created
by the landowner.
• The variance, if granted, will not alter the essential character of the locality.
• The practica► 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 property 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 Request
The applicant is requesting a variance from the following Code requirements:
• Lot size
• Structure setback from the OHWL of Big Marine Lake
• Structure setback from the road right-of-way of Layton Avenue
• Lot coverage standard
The applicanYs rationale for the variance request is as follows:
• The existing nonconforming lot is not buildable without a variance. The current 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.
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 and
intent of the official 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
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Crane Variance Staff Report
Scandia Planning Commission Page 8 March 5, 2013
existing development to reduce the volume of runoff and polluted runoff." Exceeding the
impervious surface coverage will generate additional surface water runoff, and may be in
conflict with surface water management goals. The Planner recommends that the
applicant reduce the amount of impervious surface on the site to meet the ordinance
requirement to reduce the potential stormwater runoff to Biq Marine Lake. The proposed
conditions include a requirement to obtain the required Watershed District permit for the
proiect and conditions for implementinq the alternative drivewav "tracks" option identified
on the Februarv 22 plan.
• The property owner proposes to use the property in a reasonable manner under the
conditions allowed by officia/control(s).
Single Family Residences are permitted uses in the General Rural District, and driveways
are required for a single-family residence, subject to the other requirements of the
development code. The proposed use is reasonable under the Development Code.
• The practical difficulties are not caused by the landowner, and are unique fo the property.
The practical difficulties for the requested variance from the setback requirements 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 property that meets the setback
requirements from both the OHWL of the lake and the road right-of-way.
The variance for lot coverage is also related to the small size of the parcel. The Planner is
recommending that the variance not include a variance from the tot coverage standard,
since the previous variance application was able to meet the lot coverage requirement,
and the City has required that other applications on similar lots meet the coverage
requirement, and they have done so. The Planninq Commission wifl need to consider
whether the drivewav "track" option to reduce lot coveraqe is acceptable to meet the lot
coveraqe requirement.
• The variance would nof alter the essenfial 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 alone shall not constitute practical difficulties.
The practical difficulties are related to the small size of the existing lot. The difficulties are
not solely related to economic conditions.
• The proposed variance will not impair an adequate supply of light and air to adjacent
properties, substantially increase the congestion of pub/ic streets, or increase the danger
of fire or endanger public safety, or substantially diminish or impair property values within
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 fhe minimum action required to eliminate the practical
difficulty.
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Crane Variance Staff Report
Scandia Planning Commission Page 9 March 5, 2013
Lot size and setback variances: The proposed variances are the minimum actions needed
to locate a single-family home and garage on the lot while trying to maintain separation
from the fake.
Lot coveraqe variance: The Pianner is recommending no variance from the lot coverage
standard.
• Practica/difficulties include, but are not limited to inadequate access to direct sunlight for
solar energy systems.
The proposed home, 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, and the setback requirements from the OHWL and roadway right-of-
way. The Planner recommends no variance from the lot coverage standard. The Planner
recommends the following conditions for the variance:
1. The development on the property shall be in substantial compliance with the site plan
and landscape plan submitted to the City on February 22, 2013. The plan shall be
revised to meet the lot coverage requirement. The variance allows construction of a
single-family residence with attached garage that is setback 37 feet from the OHWL of
Big Marine Lake, and 28 feet from Layton Avenue.
2. The applicants shall obtain a Building Permit from the City prior to construct 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 Carneliam-Marine-St. Croix Watershed District
(CMSCWD) permit for storm water management and erosion control.
4. The applicants shall provide a revised plan indicating the location and size of the
driveway "tracks" to be located and spaced so that automobile tires will use the track
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Crane Variance Staff Report
Scandia Planning Commission Page 10 March 5, 2013
surfaces to enter and exit the garage. The plans shall include construction details for the
"track" driveway area, including the application of 4" of topsoil, grass, and 8" of sand in
the area between the "tracks" to maintain a pervious surface. The City and the
CMSCWD shall approve the plans and details prior to construction.
5. The applicants shall work with the CMSCWD to enlarge the proposed rain gardens on
the site if needed to accommodate stormwater runoff from the driveway surface that may
be compacted over time.
6. The CMSCWD shall inspect the installation of the driveway prior to seeding or sod
placement so that it is consistent with the approved plans.
7. The applicants shall obtain the required septic system and well permits from Washington
County prior to any construction on the site.
8. 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.
9. The Applicant shall pay all fees and escrows associated with this application.
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Carnelian-Maxine-St. Croix Watershed District
Scandia Pla�11 �211$0 Oz�tic Avent�e+P.O.Booc 188+Seatt$1a.MN 85073•Tel 681.4��1.2i5�
February 27,�013
1�Is. Sherti Buss ' ���•��`���
TKDA
44�Cedar St.,Suite 150D FEB 2 7 2013
St�Paui,N1N 55101
CITY OF SCANDIA
re: Crane Variance Request, C�1rtSC�+�D Pertnit P13-001 _ ---------_________.
Dear Ms. Buss:
We have rece�ved the revised site plan for the above project and�ppreciate the
opportunity to provide commenfs on it. The applicant has made several changes
incorparating buffe�rs�nd rain gatdens that wil�be a co�dition of the District permiL Ir�
addition,a traeked driveway was added m an attEmpt to aehieve the required hardcaover
maximum. However, I note that there is no consideration of a sidewa,tk vx stoqp nor is
the roof averhang shown.,and so the plan is most likely still over the 25%req�irement.
ln conversations with the designer,I clearly ststed that the applicable hardcover
req�tirements and definitions are to be made by#he city. Dtiveway so�utions sach as
gervious pa.vers or the t�acked driveway shown aze potential mitigation factors to be
cQnsidered by the City.in potentiallY granti.ng the variance. The Ci�ry rccognizes that the
effective#ieSs o�pervious pavers decreases dramatic,ally wit�lack of ma�ritenanee�nd so
chooses not to consider ii as pervious. T#►e sam�e ec�uld be said for a tra,cked driv�wa�
systenn;#hat over time�+ehicles parlced off of the tra.cks wili compact the soil leading to
�'lmpervious conditions per the District's definition: "a surface th�t has been com�acted or
covered vwith a layer of non-porous ma.terial,or is l�kely to became compacted from
expected use,so that it is tughly resistant to infiltration by water. Examples of
impervious surface inclucie roads,driveways and par�ing aTeas,whEther or not paved,
sidtwalks greater than 3 feet vvide,patios,tennis and basketball co�, swimming paols,
covered decks ar�d oihEr structures"
If the City elects to consider the drivevvay as pervious,the Disttiet will require tbat the
soil under the driveway area be amended to consist of 8 inches of sand and a maximum
of 4 inches of topsoil in those areas not covered by tz�acks and that it is inspec#ed by the
District prior tQ seeding or sod.
e-mail jShavgr a�?CMSC4VD.o�g; websiEe yvww:CMSCWD.erg
Thank you for the opport�uuity to conament on this proposal a�d do not hesitate to call
with.any questions.
Si ely,
im Shaver
Adminisira#ox
cc: Bryan and Karen Crane
I�.ristina Handt City of Sc,andia
Cairl Almer EOR,Inc
file
e-mail JS.haveraC.Cl�]5C-'1��.cLCg website www.('MSCWD.ag
CITY OF SCANDIA, MINNESOTA
PLANNING COMMISSION RESOLUTION NO. 3-OS-13-02
APPROVING VARIANCE 19107 LAYTON AVENUE
WHEREAS, 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;
NOW, THEREFORE, BE IT HEREBY RECOMMENDED BY THE PLANNING
COMMISSION 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 .31 acres in size, where the structure
will be setback 37 feet from the Ordinary High Water Line of Big Marine Lake and setback
approximately 28 feet from Layton Avenue. The requested variance is not granted from the lot
coverage requirement in the Shoreland Overlay District. The variance is granted based on the
following findings:
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 single-family residential 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
setbacks from the lake and roadway, and are not related to economic conditions alone.
�•
Resolution No.: 03-OS-13-02
Page 2 of 3
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.
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 and
landscape plan submitted to the City on February 22, 2013. The plan shall be revised to
meet the lot coverage requirement. The variance allows construction of a single-family
residence with attached garage that is setback 37 feet from the OHWL of Big Marine
Lake, and 28 feet from Layton Avenue.
2. The applicants shall obtain a Building Permit from the City prior to construct 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 Carneliam-Marine-St. Croix Watershed District
(CMSCWD)permit for storm water management and erosion control.
4. The applicants shall provide a revised plan indicating the location and size of the
driveway"tracks"to be located and spaced so that automobile tires will use the track
surfaces to enter and exit the garage. The plans shall include construction details for the
"track" driveway area, including the application of 4" of topsoil, grass, and 8"of sand in
the area between the"tracks"to maintain a pervious surface. The City and the CMSCWD
shall approve the plans and details prior to construction.
5. The applicants shall work with the CMSCWD to enlarge the proposed rain gardens on the
site if needed to accommodate stormwater runoff from the driveway surface that may be
compacted over time.
6. The CMSCWD shall inspect the installation of the driveway prior to seeding or sod
placement so that it is consistent with the approved plans.
7. The applicants shall obtain the required septic system and well permits from Washington
County prior to any construction on the site.
, ,
Resolution No.: 03-OS-]3-02
Page 3 of 3
8. 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.
9. The Applicant shall pay all fees and escrows associated with this application.
Adopted by the Scandia Planning Commission this Snd day of March, 20l 3.
Christine Maefsky, Chair
ATTEST:
Kristina Handt, Administrator/Clerk
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SITE
PLAN
Lot Area Calculations Hard Cover SF Caiculations Legend Symbol
DEVELOPMENT PLAN PROPOSED AS BUILT Lot Area in Square Feet(SF) House=2,287 Impervious Swale ; -' '
I Coniferous Tree 8 "�'�`'�� � �'�
Total Lot = 13,648 Driveway=75 Impervious 4(.67x28) � � ) �
House Type Waik Out 25%of Totai Lot=3,412 Deck= 263 Impervious I Deciduous Tree(2) �
( Bsmt. Floor Elev. 948.00 Area above the OHW= 10,500 Total=2,625 Meets Code I FEB 2 6 2013
IGarage Floor Etev. I25%of Area above OWH=2,625 I
Top Foundation Elev. I � � C{TY OF SGAI�1(�!A L.1
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