4a. Nelson Variance PC staff report 10.31.19
Memorandum
To: Scandia Planning Commission Reference: Nelson Variance Application
Copies To: Ken Cammilleri, City
Administrator
Brenda Eklund, Clerk
Amy and Chad Nelson, applicants Project No.: 17122.000 Nelson Variance
From: Merritt Clapp-Smith, Planner Routing:
Date: October 31, 2019
SUBJECT: Nelson Variances from front, side and Ordinary High Water Level
setbacks for rebuilt house along Big Marine Lake
MEETING DATE: November 5, 2019
LOCATION: 18630 Norell Ave N, PID 34.032.20.24.0017
APPLICANTS: Amy and Chad Nelson
ZONING: General Rural (GR) and Shoreland Districts
60-DAY PERIOD: December 13, 2019
ITEMS REVIEWED: Application and Survey received October 14, 2019
DESCRIPTION OF THE REQUEST:
The applicant is seeking to replace an existing house on a Big Marine Lake parcel and to shift
the location of the house further back from Norell Avenue North. The proposed location of the
house would be 75 feet from the Ordinary High Water Level (OHWL) of Big Marine Lake
(measured from the front edge of the covered front porch), 12 and 14 feet from the side
property lines, and 20 feet from the front property line on Norell Avenue North.
Nelson Variance Staff Report Submitted October 31, 2019
Scandia Planning Commission Page 2 Public Hearing November 5, 2019
PROPERTY INFORMATION
Parcel description: 18630 Norell
Avenue North is a 0.47 acre, single-
family lot in the Anderson’s Big
Lake Addition.
Zoning: The parcel is located in the
General Rural (GR) District and the
Shoreland Overlay District.
Land use: The property has a one
(1) story single-family home built in
1901.
Natural Features and Conditions:
The property is fairly level, with a
mix of lawn and trees. There are no wetlands.
Nelson Variance Staff Report Submitted October 31, 2019
Scandia Planning Commission Page 3 Public Hearing November 5, 2019
EVALUATION OF VARIANCE REQUEST
Comprehensive Plan
The Comprehensive Plan describes the General Rural District as a residential area of mixed lot
sizes.
The proposed use of the property is generally consistent with the goals of the Comprehensive
Plan for the General Rural District.
Development Code Requirements
Lot Size and Setbacks
Requirements in
GR Districts
Existing Proposed Non-Conforming or
Variance
Lot Size – 2 acre
minimum
0.47 0.47 Non-Conforming
Road frontage – 160
feet
100 feet 100 feet Non-Conforming
Front Setback – 40
feet
0.7 feet 20 feet Variance of 20 feet
Side Setback – 20 feet About 11 feet from
south side lot line.
About 30 feet from
north side lot line.
14 feet from south
side lot line.
12 feet from north
side lot line.
Variance of 6 feet on
south lot line.
Variance of 8 feet on
north lot line.
Big Marine OHWL
setback – 100 feet
More than 140 feet 73.5 feet Variance of 26.5 feet
The existing septic system will remain and is nonconforming for side setback, located
approximately 5 feet from the southern side property line. It meets the 75 foot setback
requirement for septic from the OHWL
The proposed home location requires variances from lake, front (road) and side setbacks.
Accessory Structures
The applicants have proposed no accessory structures.
Nelson Variance Staff Report Submitted October 31, 2019
Scandia Planning Commission Page 4 Public Hearing November 5, 2019
Lot Coverage
The Development Code permits up to 25% lot coverage in the GR and Shoreland Districts. The
proposed coverage is 25% with the new residence and removed former house. The parcel
would meet the coverage requirement.
Building Height
A building plan for the proposed house was not submitted. The applicant has been informed
that structures cannot exceed 35 feet in height.
Driveway Access
A new driveway alignment is proposed as shown on the site plan. The City Engineer had not
commented at the time of this staff report.
Wastewater Treatment and Well
The existing septic system will remain. A new well is proposed off the northwest corner of the
house, about 14 feet from the side lot line.
Vegetation
The proposed location for the new house would require the removal of one tree.
Grading and Drainage
A grading permit from the city will be required when a site plan for construction is submitted.
Stormwater Management and Watershed District Comments
The Watershed District and DNR staff had not commented at the time of this staff report.
There are no known wetlands on the parcel.
The Planner has proposed a condition that the applicant shall obtain any necessary Watershed
District permits for the project.
Applicants’ Rationale for the Variance and Discussions with the City
The applicants’ rationale for the variance indicated that:
• The parcel is a small, nonconforming lot which strictly limits the ability to have a
residential structure without some type of setbacks.
• The septic system is located within the buildable envelop and reduces the buildable area
remaining for the residential structure.
• Shifting the residential structure further from the road will allow a driveway and garage
access that maximizes off-street parking, gets vehicles off of the street for improved the
safety, and expands the area for snow storage between the road and the home.
• Site lines of adjacent property owners are not negatively impacted by the proposed new
home location, which will be further back from the lake than the neighboring homes.
Nelson Variance Staff Report Submitted October 31, 2019
Scandia Planning Commission Page 5 Public Hearing November 5, 2019
Criteria for Variance and Findings
Chapter 1, Section 6.0 of the Development Code includes the cr iteria and required process for
considering variance requests. Each item to be considered for a variance is identified below
in italics, followed by the Planner’s findings regarding the requested lake, front and side
setback variances for a new house at 18630 Norell Avenue North.
• Variances shall only be permitted when they are in harmony with the Comprehensive
Plan and general purposes and intent of the official control.
The Comprehensive Plan and Development Code support single-family residential uses
in the General Rural District and Shoreland Overlay District. The proposed location of
the new house sits mostly within the small, buildable area of this small, nonconforming
lot and attempts to balance required setback variances from the lake, road and side lot
lines. The proposed variance is in general harmony with the purposes and intent of the
Comprehensive Plan and Development Code. This finding is met.
• The property owner proposes to use the property in a reasonable manner under the
conditions allowed by official control(s).
Single-family residences are permitted, and therefore reasonable, uses in the General
Rural District and Shoreland Overlay District. The proposed residential structure would
replace an existing residential structure on the site. This use is reasonable under the
conditions allowed by the Development Code. This finding is met.
• The practical difficulties are not caused by the landowner, and are unique to the
property.
The practical difficulties are created by the small parcel size and the limited buildable
area on the lot. The practical difficulties are not caused by the current landowner, and
are unique to the property. This finding is met.
• The variance would not alter the essential character of the area.
Other properties in the area are substandard in size and have single-family homes set
within 100 feet of the Ordinary High Water Level of Big Marine Lake and/or within 40
feet of the front lot lines along Norell Avenue North. Granting the variance would not
alter the essential character of the area. This finding is met.
• Economic conditions alone shall not constitute practical difficulties.
Nelson Variance Staff Report Submitted October 31, 2019
Scandia Planning Commission Page 6 Public Hearing November 5, 2019
The practical difficulties are related to the limited buildable area on the parcel. The
practical difficulties are not related to economic conditions. This finding is met.
• 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 variances would allow a new single-family residence to replace an existing single-
family residence, in a slightly different location on the lot and further from the road . The
proposed variances will not impair the supply of light or air to adjacent properties,
increase congestion, endanger the public, or substantially diminish or impair property
values in the neighborhood. This finding is met.
• The requested variance is the minimum action required to eliminate the practical
difficulty.
The proposed size and configuration of the residence and attached garage could be
altered to somewhat reduce the degree of variances needed to accommodate it on the
substandard lot. However, it would be impossible to reduce the home size enough to
avoid any variances. Placement of a residential structure should balance the variances in
a manner that best mitigates impacts to vegetation, neighboring properties, the lake
and the public right-of-way. The applicants have proposed a residential structure to
accommodate a family of four and a location that they feel minimizes impacts. This
finding is partially met.
• Practical difficulties include, but are not limited to, inadequate access to dire ct sunlight
for solar energy systems.
The variance is not related to a need for direct sunlight for solar energy systems. This
finding is met.
The findings generally support granting the variance. The finding related to minimum action
needed to eliminate the practical difficulty is partially met.
ACTION REQUESTED:
The Planning Commission should receive public comments at the hearing on August 6, discuss
the variance request, and can recommend the following:
1. Approval
2. Approval with conditions
Nelson Variance Staff Report Submitted October 31, 2019
Scandia Planning Commission Page 7 Public Hearing November 5, 2019
3. Denial with findings
4. Table the request
PLANNING STAFF RECOMMENDATIONS:
The Planner recommends that the Planning Commission recommend approval of the variances
to build a new house at 18630 Norell Ave North, as follows:
1. Development of the property shall be generally consistent with the plans submitted to
the city on October 14, 2019.
2. The setbacks for the new house with approved variances shall be:
• no less than twenty (20) feet from the front property line along Norell Ave N
• no less than seven (6) feet from the south property line
• no less than eight (8) feet from the north property line
• no less than 75 feet from the Ordinary High Water Level of Big Marine Lake
3. The applicant shall obtain required permits for tear down of the existing home, grading,
a new driveway access and building permits from the City of Scandia.
4. The applicant shall pay all fees and escrows associated with this application.