6.a) Staff Report-HollowayVariancePC9 2 14
Memorandum
To: Scandia Planning
Commission
Kristina Handt, City
Administrator
Reference: Holloway Variance Application,
City of Scandia
Copies To: Mark Holloway, applicant
Nancy B. Thomson and
Susan McDonald, owners
Project No.: 15485.013
From: Sherri Buss, RLA AICP,
Planner
Routing:
Date: August 26, 2014
SUBJECT: Holloway Variance Application
MEETING DATE: September 2, 2014
LOCATION: 1698 197th Street
Scandia, Minnesota
APPLICANT: Mark Holloway
4724 30th Avenue South
Minneapolis, MN 55406
OWNERS: Nancy B. Thomson Susan McDonald
7008 Weston Circle 4738 W. Lake Harriet Parkway
Edina, MN 55439 Minneapolis, MN 55410
ZONING: Agriculture – Core (AG C) and St. Croix River Overlay District
120-DAY PERIOD: October 9, 2014
ITEMS REVIEWED: Application, Survey, and Photos received June 11, and revised survey
received June 16, 2014, revised plans and materials received July 29
THE PLANNING COMMISSION REVIEWED THIS REQUEST AT THE MEETING ON
AUGUST 5. THE COMMISSION TABLED THE REQUEST TO PROVIDE TIME FOR THE
APPLICANT TO COMPLETE THE DESIGN OF THE PROPOSED SEPTIC SYSTEM FOR THE
SITE, AND PROVIDE PLANS IINDICATING THE LOCATION OF THE PROPOSED SYSTEM
AND SETBACKS. THIS REPORT IDENTIFIES THE NEW INFORMATION AND CHANGES
FROM THE PREVOUS REPORT IN BOLD TEXT. A COPY OF THE NEW SURVEY IS
ATTACHED.
Holloway Variance Staff Report
Scandia Planning Commission Page 2 August 5, 2014
BRIEF DESCRIPTION OF THE REQUEST:
The applicant is seeking to significantly expand and remodel an existing cabin on the parcel at
16987 197th Street. The proposed expansion requires a variance from the required setback
from Ordinary High Water Level (OHWL) of the St. Croix River, from the bluff setback, and from
the City’s wetland setback requirement. The applicant will also require a variance from the
required wetland setback and rear lot line setback for the proposed septic system. The
proposed new well location does not require a variance.
The applicant’s parcel is approximately 1.85 acres in size. The property is located in the
Agriculture - Core (AG C) District and the St. Croix River Overlay District.
DETAILED EVALUATION OF THE VARIANCE REQUEST:
The applicant is requesting to expand and remodel an existing cabin that is a Substandard
structure because it does not meet the current setback requirements of the Lower St. Croix
River Bluffland and Shoreland Management Ordinance. The applicant has been working with
the National Park Service (NPS) and Minnesota Department of Natural Resources (DNR) to
address the requirements for the expansion of structures within the St. Croix River Scenic
Easement Area and St. Croix River District.
The Lower St. Croix River Bluffland and Shoreland Management Ordinance requires that an
extension, enlargement or alteration of an existing substandard structure or sanitary facility must
meet the setback standards of the ordinance. The applicants are requesting a variance to
permit enlargement of the structure in a location that is 12’ farther from the OHWL than the
existing structure, but the location still does not meet the setback requirements from the OHWL
or bluffline. Therefore, the City needs to determine if the cabin can be placed in another
location on the parcel that meets the setback requirements, and a variance may be granted only
if there is no other location for the cabin that can meet the setback requirements.
The sections that follow discuss the criteria and rationale for granting a variance related to this
application.
Parcel Ownership
The parcel at 16987 197th Street is currently owned by two sisters. The applicant is the son of
one of the sisters. The sisters also own another adjacent parcel, at the same address. The
Lower St. Croix River Bluffland and Shoreland Management Ordinance requires a minimum lot
size of 2.5 acres in the rural areas of the overlay district. The lot where the cabin expansion is
proposed is therefore a Substandard Lot. The ordinance section on Substandard Lots requires
that “If in a group of contiguous platted lots under a single ownership, any individual lot does not
meet the minimum requirements of this Ordinance, such individual lot cannot be considered as
a separate parcel of land for purposes of sale or development, but must be combined with
adjacent lots under the same ownership, so that the combination of lots will equal one (1) or
more parcels of land each meeting the full minimum requirements of this ordinance.”
The Minnesota DNR staff reviewed this issue for the Holloway variance request. The DNR staff
determined that the two current owners can split the lots if both lots would meet 66% of the
Holloway Variance Staff Report
Scandia Planning Commission Page 3 August 5, 2014
dimensional standards for lot width and lot size, if the lots will not exceed 20% impervious
surface, and each can provide adequate sewage treatment. The owners will require variances
to tear down or remodel structures on the lots, as the existing structures are substandard
because they do not meet setback requirements. The proposed parcels do exceed 66% of the
dimensional standards for lot width and size, and must meet the 20% impervious requirement
and septic system requirements (analyzed in sections that follow.)
Based on the DNR’s findings, the Planner has included a proposed condition that the ownership
of the lots must be changed so that each has a different owner before the City will issue a
building permit for the proposed structure.
Comprehensive Plan
The Comprehensive Plan describes the Agriculture - Core (AG C) District is intended to protect
and encourage long-term agriculture. Residential development is also permitted as a secondary
use in the District. The St. Croix River Overlay District permits Single-Family Residential and
related accessory uses in within the overlay district, and the Comprehensive Plan supports
protection of the St. Croix River and related high quality natural areas in the River corridor.
The applicant indicated that he is proposing to increase the setback of the expanded cabin from
the OWHL and bluffline over the current situation, and maintain the existing tree canopy, in
order to better screen the cabin from view from the river. He indicated that use of the existing
cabin site will minimize potential disturbance to existing ground cover, and minimize the time
required for restoration. The proposed development plan meets the lot coverage requirement.
The locations of the existing and required septic systems make it impossible to place the
proposed cabin in a location on the parcel that meets the setback requirement from the
St. Croix River and bluffs.
The proposed use of the property is generally consistent with the goals of the Comprehensive
Plan for the AG C District and St. Croix River Overlay District that permit single-family
residential uses in the districts.
Development Code Requirements: Lot Size and Setbacks
The applicant’s lot is 1.85 acres in size and is therefore a nonconforming lot in the AG C District
and a substandard lot in the St. Croix River Overlay District. The AG C District permits lots of 2-
5 acres or 20 acres and larger in size, and the St. Croix River District requires that lots in rural
areas be at least 2.5 acres in size.
The required setbacks for structures in the St. Croix River Overlay District are the following:
Building setback from the OHWL: 200 feet
Building setback from the bluff line: 100 feet
On-site sewage system setback from OHWL: 200 feet
On-site sewage treatment setback from bluff line: 40 feet
The required setback in the AG C District include the following:
Side setback: 20 feet
Rear setback: 50 feet
Holloway Variance Staff Report
Scandia Planning Commission Page 4 August 5, 2014
City wetland setback requirement: 75 feet.
The applicant is proposing to move the cabin structure approximately 12’ to the west, to
increase the setback from the OHWL and bluff line. The current setback from the OHWL is
115’, and the proposed setback is 127’. The existing setback from the bluff is 20’, and the
proposed setback is 32’ from the bluff line. The proposed setbacks require a variance.
There is a wetland seepage area on the western portion of the parcel. The City requires a 75’
setback from the wetland. The existing cabin structure is located 35’ from the wetland
boundary, and the existing septic system is located approximately 30’ from the wetland
boundary. The proposed cabin will be approximately 28’ from the wetland, and therefore would
need a variance from the setback requirement.
The proposed setbacks for the location of the proposed septic system mound are 10 feet
from the rear lot line, and 15’ from the edge of the wetland. The proposed setbacks
require a variance.
The proposed well is located approximately 25 feet outside wetland setback area and
meets the structure setback requirement from the side lot line.
The proposed cabin structure meets the side and rear setback requirements. It will be located
approximately 80 feet from the north property line, approximately 60 feet from the south
property boundary, and approximately 185 feet from the rear property line. The existing septic
system meets the side and rear setback requirements.
Accessory Structures
There is an existing garage structure on the parcel that is approximately 574 feet in area. The
Development Code allows 1 accessory structure up to 1,000 square feet in area on lots that are
1 to 3 acres in size. No additional accessory structures are proposed in the application. The
number and area of accessory structures meets the ordinance requirement.
Lot Coverage
The St. Croix River Overlay District permits up to 20% lot coverage. The Planner estimated the
existing lot coverage by impervious surfaces is approximately 5%. The parcel coverage would
be approximately 6% with the expanded cabin area. The parcel would meet the coverage
requirement with the additional coverage proposed on the survey.
Building Height and Color
The maximum structure height permitted in the St. Croix River District is 35 feet. The National
Park Service indicated that it will approve an increase in the cabin height from the existing 16
feet to a maximum 20 feet. The proposed height meets the ordinance requirement.
The Lower St. Croix River Bluffland and Shoreland Management Ordinance requires that the
exterior color of new or removed structures, including roofs, shall be of earth or summer
Holloway Variance Staff Report
Scandia Planning Commission Page 5 August 5, 2014
vegetation tones, unless completely screened from the river. The Planner included a condition
that the structure color shall meet the ordinance requirement, subject to NPS review.
Driveway Access
There is an existing driveway on the parcel, which will continue to provide access if the cabin is
expanded.
Wastewater Treatment and Well
The existing septic system location is shown on the Certificate of Survey, in the northwest
portion of the parcel. The Planner sent a copy of the application to Pete Ganzel, Washington
County Health Department, for review and comment. Pete’s comments included the following:
A sewage treatment system that complies with the County ordinance is required. The
current system appears to be a very small, shallow gravity mound which likely does not
have adequate separation to groundwater. For a project of this scope, a secondary
system area should be identified.
The seepage wetland vegetation is on both sides of the creek flowing through the lot, as
well as in the vicinity of the existing mound, so a wetland setback variance will likely be
needed for any replacement or secondary mound. Likely any SSTS design on the lot
will be a type III system because of insufficient suitable soil.
The potable water source is apparently a spring/stream box and pump, which is likely
influenced by the mound system and other surface water, and should be abandoned,
and a new well installed.
The applicant submitted a new survey on August 26 identifying the proposed septic
system location and well location, and an analysis from the septic system designer
regarding the proposed system. Pete Ganzel reviewed the submittal, and indicated that
the applicant may apply for a permit for the proposed system.
The Planner has included conditions that the applicant obtain the required septic system permit
from the County for the proposed system, and that he abandon the existing well and install the
new well in compliance with Minnesota Health Department regulations.
Stormwater Management and Wetlands
The applicant completed a wetland delineation. The delineated wetland boundaries are shown
in blue lines on the survey, and follow the course of a creek that travels through the property to
the St. Croix River. The city requires a 75’ setback from wetlands, and the applicant has shown
the location of the required setback on the plans with a dashed green line. The need for a
variance from the wetland setback requirements for the cabin expansion and septic system are
noted in this report.
Jed Chesnut, Washington Conservation District, has advised that the delineation completed for
the project go through the normal Wetland Conservation Act (WCA) approval process, to verify
the delineation. The Planner has included a condition that the applicant and his wetland
delineator work with Jed to complete the WCA process.
Holloway Variance Staff Report
Scandia Planning Commission Page 6 August 5, 2014
The Planner sent the application to the Carnelian-Marine-St. Croix Watershed District for review
and comment. The District Administrator’s comments included the following:
“The District is not in favor of granting such requests, but recognizes the difficulties of
complying with all zoning requirements when replacing an existing structure in these
areas. I have visited the site and the proposal may be the option least disruptive to
water resources if the request is granted.
“The District will require a permit for this project that will necessitate at a minimum the
establishment of a shoreline buffer zone on this property. The District would appreciate
it if the City would add a CMSCWD Permit to any stipulations for the variance if it is
granted.”
The Planner has added a proposed condition that the applicants shall obtain the necessary
Watershed District permit.
The Lower St. Croix Bluffland and Shoreland Management Ordinance requires the following
related to stromwater management:
The existing drainage patterns on the parcel shall not be disturbed.
Al construction, grading and disruption of the natural ground cover shall be resodded or
seeded within 180 days of the date of issuance of the building permit.
To the greatest extent possible, vegetation over six (6) inches in diameter shall not be
removed.
The structure shall be visually inconspicuous as viewed from the river during summer
months.
The site shall be capable of supporting a standard septic treatment system as required
in the Sanitary Sewer Disposal Ordinance, Chapter 4 of the Washington County
Development Code.
The Planner added the conditions related to drainage patterns, restoration, vegetation and
septic system to the proposed conditions. The NPS will determine whether the structure will be
visually inconspicuous from the river, based on the requirements of the scenic easement.
Landscape Plan
No landscape plan is required. The St. Croix Bluffland and Shoreland Management Ordinance
says that a vegetative cutting permit is not required for construction of a validly permitted
structure or septic system as long as the existing quality, character, density and canopy of
vegetation are maintained as viewed from the river.
WCD Comments
Jed Chesnut of the Washington Conservation District reviewed the approximate wetland
locations (before the wetland delineation was completed) and vegetation on the site. Jed noted
that the parcel includes an upland area of maple-basswood forest with a diverse understory of
native herbaceous vegetation. He noted that the forest appears to be of relatively high quality
with virtually no invasive species present. The forested area transitions to the seepage wetland
area.
Holloway Variance Staff Report
Scandia Planning Commission Page 7 August 5, 2014
DNR Comments
The Planner sent the application to the DNR for review and comment. DNR staff commented
on the parcel ownership issues (discussed above), and noted that the applicant must show that
there is no location on the parcel where the cabin could be constructed that meets the setback
requirements from the OHWL and bluffline.
National Park Service (NPS) Comments
The applicant has worked with the National Park Service to develop the plan for expansion of
the cabin, which is within the Scenic Easement area. The National Park Service staff reviewed
the revised plan that the applicant provided on July 29, and provided their comments in an email
dated July 30, 2014. The comments included the following:
The National Park Service has reviewed the proposed cabin design and found it to be in-
keeping with the scenic easement which the National Park Service manages on this
property. We approve the cabin as shown with the 50’x34’ dimension, and being moved
back from the river’s edge 12 feet.
The design of the new cabin is in the spirit and style of the present structure, and we feel
that this will help to keep any negative visual impacts to a minimum.
Please note, all of our other previous comments still apply regarding the raising of the
current “middle” roof line from 16’ to 20’ for the window and a loft, but not a full and
complete second story with living space or the extension of that “middle” roof line the full
depth of the cabin.
Keeping the coloration to the exterior materials as the present cabin will also help the
new structure blend in to the surroundings and further reduce the visual impacts.
The Planner has included the NPS recommendations in the proposed conditions.
CRITERIA FOR VARIANCES AND FINDINGS
Chapter 1, Section 6.0 of the Development Code and the Lower St. Croix River Bluffland and
Shoreland Management Ordinance include the criteria and required process for considering
variance requests.
Variances may only be granted when the terms of the variance are consistent with the
Comprehensive Plan and in harmony with the general purpose and intent of the development
code. The other variance criteria include:
1. The applicant proposes to use the property in a reasonable manner not permitted by the
Development Code.
2. The plight of the landowner is due to circumstances unique to the property not created
by the landowner.
3. The variance, if granted, will not alter the essential character of the locality.
4. Economic conditions alone shall not constitute practical difficulties.
5. The proposed variance will not impair an adequate supply of light and air to adjacent
property, or substantially increase the congestion of the public streets, or increase the
danger of fire, or endanger the public safety, or substantially diminish or impair property
values within the neighborhood.
6. The required variance is the minimum action required to eliminate the practical difficulty.
Holloway Variance Staff Report
Scandia Planning Commission Page 8 August 5, 2014
7. Practical difficulties include, but are not limited to, inadequate access to direct sunlight
for solar energy systems.
Applicant’s Rationale for the Variance
The applicants noted the following in their rationale for the variance request:
The proposed location is 12 feet farther from the OHWL and bluffline than the existing
cabin location.
The proposed location will not require extensive cutting of the healthy, native mature
forest or impact the seepage wetland. Building a cabin that complies with the setback
requirements would impact these areas.
The location will allow for the required septic system locations. Building a cabin that
complies with the setback requirements would impact the areas that would be the best
locations for the required system.
Building on the existing cabin site will keep the construction in the disturbed area, and
avoid new disturbance and lengthy restoration of the existing site.
The variance from the wetland setback requirement is necessary to preserve as much
separation as possible from the OWHL and bluffline.
Findings
The applicant is requesting a variance to expand an existing cabin in a location that does not
meet the setback requirements from the OHWL, bluffline, and wetland for the cabin location and
the location of the required septic system.
The following bullets present the Planner’s findings related to the Holloway 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 Comprehensive Plan and Lower St. Croix Bluffland and Shoreland Management
Ordinance support single-family land uses in the AG C and St. Croix River Districts. The
Plan and code support protection of 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 locations will allow for the replacement of the
existing septic system which may be impacting groundwater, and development of
the required septic system. 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.
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.
Holloway Variance Staff Report
Scandia Planning Commission Page 9 August 5, 2014
Based on the proposed single-family residential use and 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 property owner proposes to use the property in a reasonable manner under the
conditions allowed by official control(s).
Single-family residences are reasonable uses in the AG C District and the Lower St.
Croix River District. The National Park Service has indicated that it will approve the size
proposed for the expanded cabin. The proposed use is reasonable under the conditions
allowed by the Development Code.
The practical difficulties are not caused by the landowner, and are unique to the
property.
The practical difficulties are created by the size of the parcel, the location of existing
bluffs, wetlands and required setbacks, the location of the existing septic system. The
practical difficulties are not caused by the landowner, and are unique to the property.
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. 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 size of the parcel, the location of existing
bluffs, wetlands and required setbacks, and the location of the existing septic drain
fields. The practical difficulties are not only economic in nature.
The proposed variance will not impair an adequate supply of light and air to adjacent
property, or substantially increase the congestion of the public streets, or increase the
danger of fire, or endanger the public safety, or substantially diminish or impair property
values within the neighborhood.
The proposed variance will not impair the supply of light or air to adjacent properties,
and maintenance of the existing single-family use will not increase congestion, endanger
the public, or substantially diminish or impair property values in the neighborhood.
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 buffers, existing and new drainfield
Holloway Variance Staff Report
Scandia Planning Commission Page 10 August 5, 2014
locations, and required separation between the drainfields and wetlands. 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.
The variance is not related to a need for direct sunlight for solar energy systems.
ACTION REQUESTED:
The Planning Commission should review the new survey and information that the applicant
provided. The Planning Commission should discuss the variance request, and can
recommend the following:
1. Approval
2. Approval with conditions
3. Denial with findings
4. Table the request
PLANNING STAFF RECOMMENDATIONS:
The Planner recommends that the Planning Commission recommend approval of variances to
permit the expansion of the existing cabin at 16987 197th Street at a location that is a minimum
of 127’ from the OHWL of the St. Croix River, a minimum of 32’ from the bluffline, and a
minimum of 28’ from the existing wetland delineated on the parcel; and approval variances to
permit the location of the septic system mound a minimum of 10’ from the rear lot line and 15’
from the delineated wetland. The Planner recommends the following conditions for the
variances:
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.
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Scandia Planning Commission Page 11 August 5, 2014
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.