3.a) October 7, 2014 Planning Commission MinutesOctober 7, 2014
The Scandia Planning Commission held their regular monthly meeting on the above date. Chair
Christine Maefsky called the meeting to order at 7:00 p.m. The following were in attendance:
Commissioners Jan Hogle, Travis Loeffler, Steve Philippi, Dan Squyres and Chair Christine
Maefsky. Staff present: City Administrator Kristina Handt, City Planner Sherri Buss and Deputy
Clerk Brenda Eklund. City Council member Chris Ness was also in attendance.
APPROVAL OF AGENDA, MINUTES
Hogle, seconded by Squyres, moved to approve the agenda as presented. The motion
carried 5-0.
Philippi, seconded by Hogle, moved to approve the September 2, 2014 minutes as
presented. The motion carried 5-0.
PUBLIC HEARING: MINOR SUBDIVISION TO CREATE A 5-ACRE PARCEL AT
21020 MEADOWBROOK AVENEUE. MARY KAY RUDDY, APPLICANT
(RESOLUTION NO. 10-7-14-01)
Mary Kay Ruddy has applied for a Minor Subdivision to create a new 5.0-acre parcel from an
existing 36.4-acre parcel at 21020 Meadowbrook Avenue. The new parcel may be developed in
the future with one single-family residence. The property is located in the Agriculture Core (AG
C) zoning district.
Planner Buss presented an overview of the request. There are two existing homes within the
original quarter-quarter section that includes the proposed lot. Maximum density permitted in
the AG C is 4 buildable lots per 40 acres, with lot sizes between 2 and 5 acres and 20 acres or
greater; therefore the addition of one new buildable lot and the 31.4-acre lot remaining meets the
density and lot size requirements. A wetland report was completed for the new parcel and no
wetlands were identified. The Carnelian-Marine-St. Croix Watershed District will require a
permit, which was included as a condition. Buss explained that MnDOT will require that the
driveway access to the new parcel be provided from Meadowbrook Avenue and not Highway 97.
Buss recommended approval of the minor subdivision with nine conditions written into a
resolution – one being that a park dedication fee of $3,000 be collected before approval of the
final plat.
Chair Maefsky opened the public hearing at 7:06 p.m.
Cynthia Hansen, 12340 Scandia Trail: Ms. Hansen asked for confirmation that the driveway
access for the new parcel will not be onto Highway 97, as she explained that this is a dangerous
stretch of the roadway. Buss confirmed that the access will be connected to Meadowbrook
Avenue, one of the conditions in the resolution.
There were no further comments and the hearing was closed at 7:07 p.m.
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Commissioner Hogle questioned how far south of Highway 97 onto Meadowbrook Avenue the
driveway could be installed. Administrator Handt stated that the location would need to meet the
city’s engineering standards, and the location would be reviewed by Public Works Director
Keiffer before installation. Scott Sample, relative of Ms. Ruddy, asked if the driveway could be
installed before a building permit application is submitted. Handt answered that he could obtain
a driveway permit at any time.
Chair Maefsky asked why 1.5-acres of contiguous buildable area was identified in the staff
report. Buss explained that the survey indicated this was the area of the lot which was soil
sampled to meet septic requirements, but the lot has a greater potential for buildable area.
Loeffler, seconded by Squyres, moved to adopt PC Resolution No. 10-07-14-01 as
presented, Approving a Minor Subdivision for 21020 Meadowbrook Avenue. The motion
carried 5-0.
The recommendation to approve the Minor Subdivision will go before the City Council on
October 21, 2014.
PUBLIC HEARING: VARIANCES TO CONSTRUCT AN ACCESSORY STRUCTURE
AT 21450 POMROY AVENUE NORTH. PAUL AND SUSAN RODSJO, APPLICANTS
Paul and Susan Rodsjo are proposing to move the dismantled Hilltop Water Barn from the
Village Area and construct the barn on their property at 21450 Pomroy Avenue for use as a
storage structure. Their property is 4.43-acres located in the General Rural District. Variances
are needed to locate the structure closer to the road right-of-way than the primary structure, and
to allow the height to exceed the 35-foot maximum height permitted. The Rodsjos would like to
preserve the historical accuracy of the building which measures 50.5-feet high.
Planner Buss presented an overview of the request. Buss explained the difficulties in locating
the barn behind the house to meet code requirements due to the existing septic system and a
seasonal brook. The proposed location for the barn will be 250 feet from the road right-of-way
and screened from the roadway and adjacent parcels by existing vegetation in leaf-on conditions.
Buss stated that there is rationale to approve the location of the structure due to physical
characteristics of the property, but the request to exceed the height requirement does not meet
statute criteria for approval. The criteria require that the practical difficulties related to the
variance request must be unique to the parcel. Buss explained that it would be difficult to grant a
height variance based on the criteria, and suggested an option to modify the Development Code
to exempt historic building and structures from the height requirement in Chapter 2, Section
3.1(F). This would support the goals in the Comp Plan to preserve historic buildings. Buss
stated that the application could be tabled to permit the proposed change in the ordinance if the
Commissioners desire to allow the height requirement to be exceeded for historic buildings.
Chair Maefsky opened the public hearing at 7:23 p.m. There were no comments and the hearing
was closed.
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Chair Maefsky asked if the variance was tabled, how long until the language in Chapter 2 could
be amended. Administrator Handt stated that a public hearing could be held at the November 5th
Planning Commission meeting, with the Council voting on the ordinance at their November 18th
meeting. Buss stated that the Rodsjo application could be extended by 120 days beyond the 60-
day review period.
Paul Rodsjo, applicant, explained that the proposed location is on the lowest spot of the property
without being in a wetland, and drops 11 feet in elevation from the house site. Visually the
structure is approximately 4 ½ feet higher than the house and lower than the surrounding trees.
The Commissioners were in agreement that the structure meets the definition of a historic
structure. Chair Maefsky said that the Comp Plan gives clear direction to encourage preservation
of historic buildings, and recommended they proceed with adding historic buildings to the list of
exemptions given for height of accessory structures. It was decided to further discuss this
ordinance amendment under Agenda Item 5.c) Preservation of Historic Accessory Structures.
Loeffler, seconded by Hogle, moved to table the Rodsjo application. The motion carried 5-
0.
PUBLIC HEARING: VARIANCES TO CONSTRUCT A SINGLE-FAMILY
RESIDENCE AT 18567 LAMAR AVENUE. SHANNA ANDERSON, APPLICANT
Shanna Anderson is proposing to build a new home at 18567 Lamar Avenue. The property is
0.19 acres in size and is located in the General Rural District and Shoreland Overlay of Big
Marine Lake. Variances from the road right-of-way and rear lot line are needed. Based on the
final locations of the septic system, variances from lot line setbacks may also be needed.
Planner Buss presented on overview of the request. An existing home and small shed would be
removed prior to construction of the dwelling with an attached garage. Buss described the
proposed setbacks from the road right-of-way at 20.3 feet (40 feet required) and 40 feet from the
rear lot line (50 feet required). All other setbacks for the structure are met, including lot
coverage at 25% of the lot area. Buss explained that the initial survey shows that the septic
system is located within the required 10-foot setback of the property lines, and it was requested
that the applicants provide a revised plan that better meets the septic requirements.
Buss stated the rationale for approval of the request for variances from the road right-of-way and
the rear lot line, but suggested that the request could be tabled until additional information about
the septic location is provided.
Chair Maefsky opened the public hearing at 7:47 p.m.
RJ Jenko, property owner: Mr. Jenko stated that they are working with a septic designer. Soil
samples were recently taken and they are waiting for the results. He stated that if a septic system
cannot be installed on the property, there is a possibility to connect into city sewer.
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Administrator Handt explained that the 201 system does not front the property and a connection
would require an easement across the adjoining lot.
Chair Maefsky asked if building plans for the proposed house were submitted, and could the lot
coverage be verified if the plans were not final yet. Mr. Jenko provided a sketch of the exterior
of the house. Buss explained that it is acceptable to not have a final layout at this point, but that
it could not exceed the footprint that was approved based on the submitted survey.
There were no further comments and the hearing was closed at 7:50 p.m.
Commissioner Hogle stated that this appears to be a very small lot with difficulties in meeting
the zoning requirements.
Chair Maefsky stated her concerns about the septic situation and would not be comfortable
approving the variance at this point. She stated that the road right-of-way setback of 20 feet is
reasonable and in line with those in the neighborhood.
Hogle, seconded by Squyres, moved to table the Anderson variance request until a septic
plan is in place. The motion carried 5-0.
HELMS VARIANCE AT 12160 196th STREET CONTINUED FROM SEPTEMBER 2,
2014 (RESOLUTION NO. 10-07-14-04)
The Planning Commission tabled Ron and Vicki Helms’ request to install a septic system
holding tank on their seasonal property at 12160 196th Street until legal information about the
proposed condition to require combination of the lots was gathered.
Planner Buss reported that the City Attorney’s response permits the City to require non-
conforming lots to be combined for the purpose of development, and this condition of approving
a variance can be imposed as it is reasonably related to the application. Buss provided the staff
recommendation to combine the three parcels into a single parcel based on the Attorney’s
comment.
Buss explained that the Helms have the alternative to postpone the installation of a holding tank
until next year when the County amends their sewer ordinance to allow holding tanks on
seasonal property, as then a variance from the City would not be needed.
The Commissioners discussed the issue and if the policy to combine non-conforming lots should
be applied in this case. Ron and Vicki Helms stated their opposition to this condition and
questioned the definition of “developing” their lot with this request to install a holding tank that
meets setbacks. Administrator Handt replied that any improvements to the property can be
considered as development.
Chair Maefsky stated that she is comfortable with bringing non-conforming lots into compliance
when given the chance as this benefits the city and the environment by maintaining density
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around the lake. She added that the City is not totally denying their right to do this as the
applicants have the option of waiting until the County changes their ordinance.
Commissioner Loeffler asked if each of the three separate lots could be sold off for future
development. Buss explained that this is a possibility and the City could have three separate
owners all requiring variances to build on the small lots. She explained that the aim of the
zoning ordinance is to try to bring non-conformities into compliance with the current
development code and that this is a common practice in many cities.
Loeffler, seconded by Squyres, moved to accept the Planner’s recommendation and adopt
Resolution No. 10-07-14-04, Approving a Variance for 12160 196th Street North. The
motion carried 5-0.
Loeffler stated that he is in favor of switching out the failing tank, however there is a chance that
the lots could be sold off separately in the future and the City would be looking at variance
requests – if the Helms do not plan to sell these lots at any time, they should be combined. They
also have the option of waiting for a change in the County’s ordinance, Loeffler said.
This recommendation to approve the variance will go before the City Council on October 21,
2014.
ADMINISTRATIVE EXCEPTIONS
Planner Buss provided information on several topics which the Commissioners requested at the
July and August meetings.
Buss explained that administrative exceptions are used in Stillwater Township for approval of
minor actions on lots that are close to but do not meet the ordinance requirements. Buss
provided a list of items in Scandia’s development code which require a minimum lot size that
could be affected if administrative exceptions were permitted. Buss recommended that this not
apply to subdivision requirements. Buss stated that this is most frequently used in Stillwater
Township for the keeping of livestock.
Commissioner Loeffler recommended that a 5% deviation from the minimum lot size be allowed
without a cap of 0.5 acres, as Buss’s example stated. This would allow a 4.75-acre parcel in
Scandia to have livestock. Maefsky stated her concerns about permitting administrative
deviations without neighbor notification.
Staff was directed to prepare a draft ordinance to allow for administrative deviations for all
instances in which minimum lot size would be affected in the development code with the
exception of subdivisions. A public hearing will be scheduled for November 5th and those that
are of concern could be removed from what is permitted administratively.
EXCEPTION FOR PRESERVATION OF HISTORIC ACCESSORY STRUCTURES
At the August meeting, the Commissioners requested some options for providing a bonus or
incentive to residents who preserve historic structures. Planner Buss explained that the
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development code includes a definition for historic buildings, although she could not locate the
Washington County History Network Inventory and suggested an update to reference
Washington County or the Washington County Historical Society.
The Commissioners agreed that there should be incentives to preserve historical structures, but
noted the value of having the public involved in the variance process. They asked if the variance
process could be simplified or done at a reduced cost to the applicant.
Curt Richter, 21755 Parrish Avenue, stated that his business is barn preservation work and
encouraged the Commission to pursue ways to allow farmsteads and buildings to be preserved.
He stated that in many cases buildings are torn down before owners come to the city with a
request for it to remain based on what they see in the code. He would like to see exemptions for
historical buildings with no fee.
In response to Administrator Handt’s question about allowing for administrative approval for
historic buildings, Commissioner Philippi stated that if there is no public discussion, how would
the City know that it would be objectionable to the neighbors. Buss noted that if the request did
not meet certain criteria, the Administrator could have the option of bringing the request before
the Commission and Council.
Continued discussion determined that a draft ordinance to accessory structures with parameters
such as number, size, proximity to road, and color for the preservation of historic structures
should be prepared for a hearing.
Buss summarized the three hearings that were requested:
1) Administrative exceptions and deviations from minimum lot size.
2) Allow for a height exception of historical structures in Chapter 2, Section 3.1, Item (F).
3) Allow for exceptions of certain parameters such as number, size, location and color for
preservation of historical structures in the accessory structure ordinance.
LOG HOUSE LANDING IMPROVEMENT SPECIAL COMMITTEE
The Council has approved the creation of a special committee to research options for the Log
House Landing Improvements. Two members of the Planning Commission may serve on the
Committee.
Lisa Schlingerman, member of the Friends of the Log House Landing, presented the objectives
of the group’s plan to work with the City on researching alternative designs for the roadway and
river access.
Chair Christine Maefsky and Commissioner Steve Philippi volunteered to serve on the Special
Committee.
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ADJOURNMENT
Loeffler, seconded by Squyres, moved to adjourn the meeting. The motion carried 5-0.
The meeting adjourned at 9:30 p.m.
Respectfully submitted,
Brenda Eklund
Deputy Clerk