6.a) Res 09-02-14-06 Holloway Variance docx
CITY OF SCANDIA, MINNESOTA
PC RESOLUTION NO. 09-02-14-06
APPROVING A VARIANCE FOR 16987 197TH STREET
WHEREAS, Mark Holloway has made an application for a Variance from the 200-foot
setback requirements from the Ordinary High Water Line (OHWL) of the St. Croix River, from
the 100-foot setback requirement from the bluffline, from the 75-footsetback requirement from a
wetland, and from the 50-foot setback requirement from the rear lot line to expand an existing
cabin at 16987 197th Street and to provide the necessary septic system to serve the cabin; and
WHEREAS, the property is legally described as follows:
All that part of lot 6, in Section 30, township 32 North, Range 19 West, Washington
County, Minnesota described as follows:
Lot 6, A distance of 940 feet; thence north 500 feet to the point of beginning; thence
north 200 feet, thence easterly along a line parallel to the south line of lot 6, a distance of 391
feet to the westerly shore of the St. Croix River; thence southerly along the westerly shore of the
St. Croix River to a point that is 500 feet north of the south line of said Lot 6; thence west 426
feet along a line parallel to the south line of said lot 6 to the point of beginning. (Also the right
of ingress and egress over a roadway beginning at or near the south end of Second Street [as
shown by the recorded plat of Vasa] running thence southerly through said Lot 6 along the
westerly line of above described parcel of land being deeded, said roadway to abut the westerly
line of said parcel and shall constitute an easement against said property.); and
WHEREAS, the Planning Commission reviewed the request for the Variance at a duly
noticed Public Hearing on August 5, 2014 and discussed the request further on September 2,
2014, and
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE PLANNING
COMMISSION OF THE CITY OF SCANDIA, WASHINGTON COUNTY,
MINNESOTA, that it should and hereby does recommend approval of a Variance to permit
expansion of an existing cabin located a minimum of 127 feet from the OHWL of the St. Croix
River, 32 feet from the bluffline, and 28 feet from the wetland; and approval of a variance to
place the septic system 10 feet from the rear lot line and 15 feet from the delineated wetland on
the parcel located at 16987 197th Street, based on the following findings:
1. Based on the proposed single-family residential use and proposed efforts to protect the St.
Croix River and related resources, the request is in harmony with the general purposes
and intent of the official control. The Comprehensive Plan and Lower St. Croix
Bluffland and Shoreland Management Ordinance support single-family land uses in the
Agriculture Core and St. Croix River Districts. The Plan and code support protection of
Resolution No.: 09-02-14-06
Page 2 of 4
the St. Croix River and views from the river. The applicant is proposing the following to
provide protection for the St. Croix River and related resources:
o The plan would place the expanded cabin farther from the OHWL and bluff line
than the existing cabin to make it visually less conspicuous.
o The proposed development meets the coverage standard in the district.
o Development in the proposed location will allow for the replacement of the
existing septic system, which may be impacting groundwater, and development of
the required septic system that meets ordinance requirements. The location of the
new system to meet the setback requirement from the OHWL will not allow the
cabin to be placed in a location that meets the setback requirements from the
OHWL and bluff line.
o The proposed location will protect the existing mature forest to screen the cabin
from view.
o Development on the existing cabin location will cause less disturbance to existing
vegetation, and potentially less erosion than construction in a new location to that
could impact the river.
2. The proposed use is reasonable under the conditions allowed by the Development Code.
Single-family residences accessory structures are reasonable uses in the Agriculture Core
and St. Croix River Districts. The National Park Service indicated that it would approve
the proposed expansion of the size of the cabin.
3. The practical difficulties are unique to the property and were not created by the applicant.
The practical difficulties are created by the size of the parcel, the location of existing
wetlands, bluffs, and and required setbacks, and the location of the existing and proposed
septic drain fields.
4. Granting the variance would not alter the essential character of the area. Other properties
in the area include cabins and homes with similar setbacks from the river. The proposed
location will protect much of the existing woodland and tree canopy to screen the view of
the structure from the river.
5. The practical difficulties are not only economic in nature. The practical difficulties are
related to the small size of the parcel, the location of existing wetlands, bluffs, and
required setbacks, and the location of the existing and proposed septic drain fields.
6. The replacement of the existing single-family home with a similar home will not impair
the supply of light or air to adjacent properties. Maintenance of the existing single-
family residential use will not increase congestion, endanger the public, or substantially
diminish or impair property values in the neighborhood.
7. Granting the requested variance is the minimum action required to eliminate the practical
difficulty. The applicant is proposing to increase the cabin setback from the OHWL and
bluffline over the current condition. The cabin cannot be placed farther from the OHWL
and bluffline due to the location of wetlands, required setbacks, potential septic drain
locations, and required separation between the drain fields and wetlands.
Resolution No.: 09-02-14-06
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8. The variance is not related to a need for direct sunlight for solar energy systems.
FURTHER BE IT RESOLVED, that the following conditions of approval shall be met:
1. Development of the property shall be consistent with the plans provided to the City on
August 26, 2014, including the proposed cabin dimension of 50’x34’, maximum height
of 20’, and new setbacks as approved by the National Park Service.
2. The applicant shall complete a change of ownership for the parcel and adjacent parcel so
that the parcels have different owners before the City shall issue a building permit.
3. The applicant shall obtain a building permit from the City.
4. The applicant shall obtain required approvals for the structure from the National Park
Service (NPS). The exterior color of the structure, including the roof, shall be of earth or
summer vegetation tones, and shall be approved by the NPS.
5. The applicant shall obtain a Grading and Erosion and Sediment Control permit from the
City.
6. The applicant shall obtain the required Watershed District permit.
7. The applicant shall obtain the required septic system permit from Washington County.
8. The applicant and his wetland delineator shall work with the Washington Conservation
District to complete the Wetland Conservation Act process for the wetland delineation.
9. The applicant shall abandon the existing spring, stream box and pump system, and install
a new well to meet the requirements of the Minnesota Health Department and state rules.
10. Construction of the building shall not change the existing drainage patterns on the parcel.
11. All areas that are impacted by construction, grading and related activities shall be
resodded or seeded within 180 days of the date of issuance of the building permit.
12. To the greatest extent possible, vegetation over six (6) inches in diameter shall not be
removed.
13. The Applicant shall pay all fees and escrows associated with this application.
Resolution No.: 09-02-14-06
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Adopted by the Scandia Planning Commission this 2nd day of September, 2014.
______________________________
Christine Maefsky, Chair
ATTEST:
_________________________________
Kristina Handt, Administrator/Clerk