4. Staff report_Holker Variance 05052020
Memorandum
To: Scandia City Council Reference: Holker Setback Variances
Application
Copies To: Brenda Eklund, Clerk
Ken Cammilleri, City
Administrator
Jeff Holker, applicant Project No.: 17722.000 Holker Variance
From: Merritt Clapp-Smith,
Planner
Routing:
Date: April 27, 2020
SUBJECT: Holker Variances for Lake and Side Setbacks
MEETING DATE: May 5, 2020
LOCATION: 12140 196th Street North, PID 29.032.20.14.0018
APPLICANT: Jeff Holker
ZONING: General Rural (GR)
60-DAY PERIOD: May 19, 2020 (120-day period July 14, 2020)
ITEMS REVIEWED: Application and Survey received March 16, 2020
DESCRIPTION OF THE REQUEST:
The applicant is seeking variances from lake setback and side setback to reconstruct a residential
structure at 12140 196th Street North, a lot on Big Marine Lake. The existing residential structure is
nonconforming for lake and side setbacks. The new residential structure will be almost entirely within
the 100-foot lake setback area. The new residence has a wrap-around porch on the front, which will be
the same distance from the lake as the current residential building. The sides of the wrap-around porch,
as well as an attached garage, will be wider on each side than the existing house, thereby increasing the
nonconformity of frontage width within the lake setback area. There are three (3) elements to the
variances:
Holker Variance Staff Report Submitted April 28, 2020
Scandia Planning Commission Page 2 For meeting on May 5, 2020
1. The northern side of the covered porch will extend four (4) feet past the front of the house and
wrap around to run along an existing deck that is 5.9 feet from the side lot line. This expands the
side setback non-conformity since a porch is defined as a structure, whereas a deck within three
(3) feet of the ground is not a structure.
2. The southern side of the covered porch with similarly extend four (4) feet past the side of the
house, expanding the width of the structure within the 100-foot lake setback area.
3. The proposed garage angles off the rear of the residence, extending twenty-five (25) feet further
south than the current side of the residential structure. This expands the width of the rear of the
structure within the 100 foot lake setback line.
PROPERTY INFORMATION
Parcel description: 12140 196th
Street North is one (1) acre lot
on Big Marine Lake. It has an
existing residential structure
built in 1958. The lot is
relatively flat, with a small
slope approaching the street.
The applicant owns an adjacent
lot to the south. He applied to
Washington County to combine
the lots around March 20th.
Zoning: General Rural
Land use: Single-family
residential
Rear View – street facing
2nd lot here to
be combined.
Holker Variance Staff Report Submitted April 28, 2020
Scandia Planning Commission Page 3 For meeting on May 5, 2020
Front of existing residence - view from the lake
View of north side
View of south side (from
adjacent lot)
Holker Variance Staff Report Submitted April 28, 2020
Scandia Planning Commission Page 4 For meeting on May 5, 2020
EVALUATION OF VARIANCE REQUEST
Applicant’s Explanation of the Plan and Variance Request
My wife and I purchased this property in late 2018, with the intention of building a year-round ADA "Age
in Place" home on it since we are in our 60's. We would like to preserve as much of the current
structure as feasible, while minimizing the intensity of the variances required. Our intent would be to
build 1 bedroom on the main floor, with 3 additional bedrooms above the main floor footprint for
weekend visitors. My wife and I have 6 adult children plus spouses and grandchildren who all live in the
Twin Cities and visit us in our current home on a regular basis. We understand that we will need to
upgrade the current septic system, and the research into the options to do that are already underway.
We would need to rebuild the existing detached garage as the foundation is crumbling and structure is
failing.
Holker Variance Staff Report Submitted April 28, 2020
Scandia Planning Commission Page 5 For meeting on May 5, 2020
In addition to the lake setback, I [applicant] believe we will need setback variances from the North side
lot line, as well as likely for the maximum lot cover.* I'd like to note that Ash Lane to the immediate
North of our Lot 1 is not improved and is in grass which we currently mow and maintain. There is
already a culvert under the road on the Southwest corner of our Lot 2 property that leads to a drainage
ditch along the West side of our Lot 2. The Preliminary Survey does also note the only available space to
build without requiring any variances.
*Planner note: Since the two lots are being combined and the second lot is vacant, the lot coverage will
be well below the 25% limit.
Staff Comments on the Variance Request
The City Engineer provided the following comments:
• A cross culvert under Lakamaga Trail discharges to the south property area. I recommend a
condition that the City require a drainage and utility easement down to the lake. [Note: The
Scandia Public Works Director concurred with this recommendation.]
• If the secondary driveway access is allowed, the grading plan will need to include garage floor
elevation and show grading limits/elevations/slopes of the new driveway to ensure drainage
isn’t being directed to the adjacent property.
• Site improvements need to be in compliance with the Watershed District.
• Washington County Environmental should be involved with the drainfield review for current
compliance.
• Erosion control plan shall be submitted for review.
The Watershed District provided the following comments:
This project will require a permit from the Carnelian Marine St. Croix Watershed District, and the
following rules will likely be applicable:
• Rule #2 Stormwater Management – It appears a variance from shoreline setback will be
required as the proposed 2nd story and garage addition is within the 100-foot structure setback,
triggering this rule. Even if a setback variance is not required, this rule would be triggered by
land disturbance within 1,000 feet of a public water. Stormwater management BMPs sized in
compliance with the District’s Small Residential Stormwater Worksheet will be required. A
stormwater declaration will also be required for yet-to-be identified BMP(s).
• Rule #3 Erosion Control – An acceptable erosion/sediment control plan is required, along with
details for vegetation establishment.
• Rule #4 Buffers – If Scandia requires a variance from the shoreline setback requirements, this
rule will be triggered. Typical buffer would be 100-ft for a groundwater dependent natural
resource, but Rule 4.9.4 (exception for nonconforming setback) would reduce the buffer width
Holker Variance Staff Report Submitted April 28, 2020
Scandia Planning Commission Page 6 For meeting on May 5, 2020
required to 23.25-feet (1/2 the existing structure setback of 46.5-feet). A buffer declaration will
be required, along with a planting plan to establish adequate vegetation for any areas of the
buffer that will be disturbed.
• Rule #5 Shoreline and Streambank Stabilization – It doesn’t appear that any shoreline alterations
are being proposed, although an existing timber wall appears to be acting as a retaining wall
along the shoreline. If shoreline or timberwall work is proposed, this rule will apply.
• Rule #7 Floodplain and Drainage Alterations – Grades surrounding the existing house are above
944, so there should be no concern about floodplain fill (fill below the 100-year elevation
(942.5’) would require compensatory floodplain storage creation).
The Department of Natural Resources:
• The East Metro Area Hydrologist had not commented at the time of this staff report.
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 variances for lake and side setbacks at
12140 196th 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 prioritizes environmental stewardship on lakeside lots. The applicant
proposes to proceed in a manner that keeps alterations and impacts low, due to the structure’s
proximity to the lake.
The proposed replacement of the residential structure with some expansion away from the lake
is in general harmony with the Comprehensive Plan and Development Code.
• The property owner proposes to use the property in a reasonable manner under the conditions
allowed by official control(s).
This property is in the General Rural zoning district, which is guided for single-family residential
use. The proposed replacement of an existing residential structure is a reasonable use in the
General Rural District.
• The practical difficulties are not caused by the landowner and are unique to the property.
The practical difficulties that limit the location for a reconstructed home include some sloped
areas on the site, septic and well locations, and the desire to do a partial reconstruction using
the existing structure and foundation, instead of complete teardown. The practical difficulties
are not caused by the current landowner and are unique to the property.
Holker Variance Staff Report Submitted April 28, 2020
Scandia Planning Commission Page 7 For meeting on May 5, 2020
• The variance would not alter the essential character of the area.
The proposed residential reconstruction would remain in the same location as the present
structure and continue to be a single-family use. The proposed size of the reconstructed
residence would not be out of scale with the range of house sizes in the area. Granting 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 location of the existing structure and natural and
manmade obstacles that make moving the structure location a challenge. 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 variances for modest expansion of a deck in the side setback area and for a side
addition to the rear of the home within the 100 foot setback area, 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.
• The requested variance is the minimum action required to eliminate the practical difficulty.
The proposed residential structure will use the existing house foundation and make modest
additions for livability. The most noticeable alteration, requiring a variance, expands the
structure to the south within with 100-foot lake setback area. The addition is an attached garage
angled to the side instead of directly to the rear. This configuration is proposed in order to
provide driveway access around the septic mound, which takes of much of the lot width along
the street. This 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.
The findings support granting the variance.
ACTION REQUESTED:
The Planning Commission can recommend to the Scandia City Council that it do one of the
following:
1. Approve
2. Approve with conditions
3. Deny with findings
Holker Variance Staff Report Submitted April 28, 2020
Scandia Planning Commission Page 8 For meeting on May 5, 2020
4. Table the request
PLANNING STAFF RECOMMENDATION:
The Planner recommends that the Planning Commission recommend approval of variances to
side and lake setbacks to allow reconstruction and partial expansion of a residential structure at
12140 196th Street North. The following conditions for the variances are recommended:
1. The location and layout of the residential structure shall be consistent with the plans
submitted to the City of Scandia on March 16, 2020.
2. The applicant shall secure a permit from the Carnelian Marine St. Croix Watershed District
and comply with its requirement.
3. A drainage and utility easement extending from a cross culvert under Lakamaga Trail to a
discharge point on the southern area of the lot shall be dedicated to the City of Scandia and
recorded with Washington County. The exact location will be determined by the Scandia
City Engineer.
4. A grading and erosion control plan shall be submitted to the city for review, showing any
areas of soil disruption, including the garage floor elevation and the grading
limits/elevations/slopes of the new driveway, in order to ensure that drainage is not
directed to the adjacent property.
5. The applicant shall have a drainfield review conducted by Washington County
Environmental to ensure proper function and compliance, unless such a review has been
conducted within the past three (3) years.
6. The applicant shall secure any other relevant State, County and local permits required for
the project.
7. The applicant shall pay all fees and escrows associated with this application.