5. Staff report Palkert Variance - 01.07.20
Memorandum
To: Scandia Planning Commission Reference: Palkert Variance Application
Copies To: Ken Cammilleri, City Administrator
Brenda Eklund, Clerk
Mike Mann, applicant Project No.: 17122.000 Palkert Variance
From: Merritt Clapp-Smith, Planner Routing:
Date: November 25, 2019
SUBJECT: Palkert Variances from front and Ordinary High Water Level setbacks
for rebuilt residential structure along Big Marine Lake
MEETING DATE: January 7, 2020
LOCATION: 12632 182nd Street North, PID 33.032.20.31.0017
APPLICANT: Mike Mann, on behalf of property owners Jana and Dennis Palkert
ZONING: General Rural (GR) and Shoreland Districts
60-DAY PERIOD: January 11, 2020
ITEMS REVIEWED: Application and Survey received November 12, 2019
DESCRIPTION OF THE REQUEST:
In December, the Planning Commission reviewed the original variance application from the
Palkerts for a new residential structure at 12632 182nd Street North. Based on a site visit,
application review and public hearing comments, the Planning Commission indicated that the
applicant did not make the necessary findings to justify a variance. The Planning Commission
said that the proposed home appeared to have options to shift location and size to better align
with the buildable envelope of the parcel. The applicant requested that the Planning
Commission table the item, to allow time for potential revisions to the site plan. The proposed
site plan and requested variances have been revised, as noted with red text in this staff repor t.
Palkert Variance Staff Report Submitted December 27, 2019
Scandia Planning Commission Page 2 Public Hearing January 7, 2020
The applicant is seeking to replace an existing residential structure on a Big Marine Lake parcel
and to shift the location of the residential structure further back from Big Marine Lake. The
proposed location of the residential structure would be 71.6 68.3 feet from the Ordinary High
Water Level (OHWL) of Big Marine Lake, 15.1 10.5 and about 20 feet from the side property
lines, and 40 feet from the front property line on 182nd Street North.
PROPERTY INFORMATION
Parcel description: 12632 182nd
Street North is a 0.614 acre, single-
family lot on Big Marine Lake.
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 residential
structure built in 1959.
Natural Features and Conditions:
The property is fairly level on the
lake front half, with a moderate
slope as it approaches the road.
There is a mix of lawn and trees.
There are no wetlands.
EVALUATION OF VARIANCE REQUEST
Comprehensive Plan
The Comprehensive Plan describes the General Rural and Shoreland Overlay districts as
residential areas of mixed lot sizes.
The proposed use of the property is generally consistent with the goals of the Comprehensive
Plan for the General Rural and Shoreland districts.
Palkert Variance Staff Report Submitted December 27, 2019
Scandia Planning Commission Page 3 Public Hearing January 7, 2020
Development Code Requirements
Requirements in
GR Districts
Existing Proposed Non-Conforming or
Variance
Lot Size – 2 acre
minimum
0.614 0.614 Non-Conforming
Road frontage – 160
feet
160 feet 160 feet Meets standard
Front Setback (from
road) – 40 feet
130 feet 40 feet Meets standard
Side Setback – 20 feet About 40 feet from
north side lot line.
About 45 feet from
south side lot line.
20 feet from north
side lot line.
15.1 10.5 feet from
south side lot line.
Meets standard
Variance of 4.9 9.5
feet on south lot line.
Big Marine OHWL
setback – 100 feet
32.2 feet to front
deck of residential
structure.
71.6 68.3 feet Variance of 28.5 31.7
feet
The new septic system is proposed and meets septic setbacks requirements.
The proposed residential structure location requires setback variances from the OHWL and a
side lot line.
Accessory Structures
The applicant has proposed no accessory structures.
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 residential structure.
The parcel would meet the coverage requirement.
Building Height
A building plan for the proposed residential structure was not submitted. The applicant has
been informed that structures cannot exceed 35 feet in height.
Palkert Variance Staff Report Submitted December 27, 2019
Scandia Planning Commission Page 4 Public Hearing January 7, 2020
Driveway Access
A new driveway alignment is proposed as shown on the site plan. The City Engineer reviewed
the plan and provided the following comments in relation to the driveway, vegetation, grading
and erosion control.
General Comments:
• After all proposed construction, the lot will have significant tree loss which will make
soils vulnerable for erosion.
• Detailed design to control drainage along southeast lot line will need to occur.
• Will tree replacement be required? With the proposed walls and removal of existing
structure appears an open large mowable space is being provided.
If variance is approved the following conditions need to be addressed:
• Drainage on the southeast side lot line will be critical and require relocating proposed
well to allow for grading to direct drainage down the lot line instead of to neighboring
Palkert Variance Staff Report Submitted December 27, 2019
Scandia Planning Commission Page 5 Public Hearing January 7, 2020
property. Detailed elevations will need to be provided to ensure drainage is not
directed onto adjacent property.
• Driveway culvert will be required but drainage upon existing culvert needs to be
reviewed closely.
• Washington County will have to approve primary and secondary drainfield.
• Minnesota Department of Health will need to approve and permit p roposed well.
• Several location show proposed wall, if height exceeds four feet including the base of
the wall a building permit is required.
• Grading Permit needs to be obtained.
• Site needs to be in compliance with Watershed District.
Wastewater Treatment and Well
AThe new septic system will be installed in the northwest corner of the lot, oriented with the
most level ground on the site and out of the lake setback area. A new well is proposed
between the garage and the southern property line, about 6 feet from the side lot line. Permits
for the new well and septic system will be required from Washington County.
Vegetation
The proposed location for the new residential structure will require the removal of some trees.
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
Watershed District comments dated November 27, 2019 are attached and identify specific
areas of concern and future review that may be required if the variances are approved. The
Watershed and the MN Department of Natural Resources (DNR) oppose retaining walls within
the 100 foot setback area from Big Marine Lake. In response, the applicant has significantly
reduced the proposed use of retaining walls. If any retaining walls proceed, they must be
carefully designed in conjunction with a sediment and erosion control plan and a vegetative
planting plan, with all plans to be reviewed by the City of Scandia, the Watershed Distri ct and
DNR. 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.
Applicant’s Rationale for the Variance and Discussions with the City
The applicant’s rationale for the variance indicated that:
Palkert Variance Staff Report Submitted December 27, 2019
Scandia Planning Commission Page 6 Public Hearing January 7, 2020
• The parcel is a small, nonconforming lot with a sloped area and only one location for the
septic. These factors limit the ability to have a residential structure without some type
of setbacks, and inhibit shifting the proposed location further from the lake.
• The residential structure is designed as one level living for empty nesters, which gives
the residential structure a bigger footprint than if it was the same area on 2 stories.
• Site lines of adjacent property owners are not negatively impacted by the proposed new
residential structure location, which will be further back from the lake than the
neighboring residential structures.
Criteria for Variance and Findings
Chapter 1, Section 6.0 of the Development Code includes the criteria 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 residential structure at 12632 182nd Street 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 Comprehensive Plan
Housing Chapter includes a goal to “Encourage a range of housing choices that fit with
the character of the community”. The proposed house fits with the intended use of the
area and minimizes variances to the extent possible given unique site constraintsdoes
not meet Development Code standards for setbacks and is larger than the average
home in that area of Big Marine Lake, making it inconsistent with the Comprehensive
Plan housing goal. This finding is not 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 small size of the lot, with significant slopes and only one location for the new septic,
are practical difficulties unique to the lot. This finding is met.
Palkert Variance Staff Report Submitted December 27, 2019
Scandia Planning Commission Page 7 Public Hearing January 7, 2020
• The variance would not alter the essential character of the area.
Other properties in the area are substandard in size and some of the single-family
residential structures impinge on the lake, side and/or road setbacks. T his proposed
residential structure is larger than many existing ones in the area, but would not be the
largest. It would somewhatwould likewise impinge on setbacks, but moves the new
home significantly further back from the lake than the previous home on the parcel. The
new residential structure would not alter the essential character of the area. This finding
not met.
• Economic conditions alone shall not constitute practical difficulties.
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 lake. 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 residential structure and attached garage
could be altered to reduce the degree of variances needed to accommodate it on the
substandard lot. However, it would be nearly impossible to reduce the residential
structure size and configuration enough to avoid any variances, given the size of the lot,
slopes, and one viable septic location. This finding is mostly partially met.
• 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. This
finding is met.
Palkert Variance Staff Report Submitted December 27, 2019
Scandia Planning Commission Page 8 Public Hearing January 7, 2020
The findings do not fully support granting the variances. It would be possible to propose a
narrower residential structure with an adjusted orientation of the garage to eliminate the need
for side setback variances.
ACTION REQUESTED:
The Planning Commission should receive public comments at the hearing, 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 denial of the
variance requests to build a new residential structure at 12632 182 nd Street North, as follows:.
The findings for minimum action required and not altering the essential character of the area
are not fully met. There is the option to reduce the size of the proposed residential structure
and/or reorganize the layout to eliminate the side setback variance, to reduce the setback
variance from Big Marine Lake, and to be more in keeping with the average size of residential
structures in the area.
1. Development of 12632 182nd Street North shall be shall be in substantial compliance
with plans submitted to the City of Scandia on December 27, 2019.
2. The setbacks for the new house with approved variances shall be:
• no less than forty (40) feet from the front property line along 182nd Street N
• no less than 15.1 feet from the south property line
• no less than twenty (20) feet from the north property line
• no less than 71.6 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.
o Detailed grading and erosion control plans will be required and must address
drainage on the southeast side lot line, and may require relocating the proposed
well to allow for grading to direct drainage down the lot line instead of to
neighboring property.
Palkert Variance Staff Report Submitted December 27, 2019
Scandia Planning Commission Page 9 Public Hearing January 7, 2020
o A driveway culvert will be required but drainage upon the e xisting culvert needs
to be reviewed closely.
4. Washington County must review and approve the primary and secondary drainfield.
5. Minnesota Department of Health must approve and permit the proposed well.
6. If a retaining wall is approved and is in excess of four (4) feet in height, then a building
permit is required.
7. The site needs to be in compliance with Watershed District requirements and may
require a permit.
8. The applicant shall pay all fees and escrows associated with this application.