4.a) 2013 Meeting Minutes-historial infoJuly 2, 2013
Scandia Planning Commission
Page 2 of 6
Commissioner Philippi said that there has been no new testimony which would change his mind
from not amending the ordinance.
Schwarz, seconded by Hogle, moved to recommend no change to the Development Code,
Chapter, Section 4.24, as it pertains to swimming pools. The motion carried 5-0.
The City Council will consider this recommendation at their July 16 meeting.
PUBLIC HEARING: VARIANCE FROM THE ORDINARY HIGH WATER LEVEL TO
CONSTRUCT A SWIMMING POOL AT 12199 205TH STREET. JOHN KRUEGER,
APPLICANT. (RESOLUTION NO. 07-02-13-01)
John Krueger has applied for a variance from the Ordinary High Water Level (OHWL) of Big
Marine Lake to construct a swimming pool and hot tub on his property at 12199 205th Street.
City Planner Buss presented an overview of the request. Due to the location of the home,
driveway and septic system, the property is limited as to the placement of the pool. An area east
of the septic field would meet the setback, but it is a long way from the house and would require
the removal of existing trees. The applicant is proposing to locate the pool approximately 60 feet
from the OHWL of the lake (100 feet is the lake setback requirement). All other setbacks and lot
coverage are met.
Buss noted that the Carnelian -Marine -St. Croix Watershed and DNR had no objections. The
Watershed will require a buffer permit and an erosion control permit. The DNR suggested that
the City could require screening if noise or other activity is likely to impact lakeshore owners.
Buss recommended approval of the variance with findings and conditions as written into a draft
resolution. A survey must be provided to verify that the pool and hot tub be no closer than 60
feet from the lake's OHWL. Buss noted that Condition #3 would be revised to reflect the
Watershed's buffer permit requirement.
Commission Chair Maefsky opened the public hearing at 7:22 p.m.
John Krueger, 12199 205" Street, Applicant: Mr. Krueger explained that the site plan may not
be to scale; he did not have the property surveyed yet without knowing if his variance could be
approved. Mr. Krueger stated that any lighting he adds will be inside the pool and along the
walkway, and will not be directed upwards. He added that the proposed location is the best site
on the property for the pool.
David Weber, 20340 Maxwill Avenue: Mr. Weber stated that he lives across the lagoon and is
concerned about sound traveling across the water. He would like to see a fence and a natural
vegetation barrier included in the plans to suppress the sound of pool activities. Mr. Weber added
that any lighting should be minimal.
City Administrator Kristina Handt noted that she had taken a call from neighbor Teresa Peterson
who had concerns about the lighting.
July 2, 2013
Scandia Planning Commission
Page 3 of 6
Planner Buss explained that the lighting ordinance requires hooded or controlled lighting and
should not be viewed from across the lake. The lighting should not be facing the neighboring
property. Handt noted that the suggested landscape screening could minimize lighting impacts.
Mr. Krueger said that the pool equipment will be screened with a retaining wall.
There were no other comments and Chair Maefsky closed the hearing at 7:31 p.m.
Chair Maefsky asked for the lighting requirement to be explained — could it be reasonable to
expect that lights are not visible from across the lake? Buss offered wording for a condition that
the applicant shall maintain the existing vegetative screening between the pool and the lake as
much as possible. Any trees removed for the construction of the pool must be replaced in
accordance with the Shoreland Ordinance. In addition, the light source must be focused on the
pool and house and not directed toward the lake or adjoining properties.
Commissioner Philippi stated his concerns about the contours and slope of the property. The
amount of grading and fill needed for the construction of the pool could impact the existing slope
and result in toeslope failure (a slope break on the terrace). He recommended a soil investigation
be conducted.
Philippi asked for clarification that the hot tub and pool deck be no closer than 60 feet from the
OHWL.
Buss suggested that a condition be added that the City Engineer review the grading plan before a
building permit is issued. Wording of the resolution would be revised to reflect compliance with
the 60 -foot setback.
Philippi said that he was uncomfortable with the level of information they had to make any
judgment on the request. He would like to see a more definitive plan drawn to scale, with
topography, surrounding patio, fence and wall locations.
Maefsky felt that with the Watershed permits and conditions, there is enough specific direction
for protection of the lake.
Commissioner Hogle agreed that she is comfortable with the Watershed and Engineer approving
the plans, and she would have nothing else to add to it.
Hogle, seconded by Maefsky, moved to approve PC Resolution No. 07-02-13-01, Approving
a Variance for 12199 20511 Street, with amended conditions as noted by staff.
Commissioner Schwarz asked why a survey was not required for review of a plan of this
magnitude. Buss explained that sketch plans have been acceptable for projects on larger lots such
as this where lot coverage is not an issue. Buss gave examples of recent requests in both
instances.
July 2, 2013
Scandia Planning Commission
Page 4 of 6
Mr. Krueger added that the pool contractors he met with would not release the plans until he had
signed a contract with them, which he did not enter into until he could determine if building a
pool was possible.
Chair Maefsky called for a vote on the above motion. The motion carried 3-2, with Philippi
and Schwarz opposed.
The City Council will consider this recommendation at their July 16 meeting.
Buss offered that it may be helpful to have a policy for requiring the submission of a survey; for
now they are absolutely required for projects on small lots.
PUBLIC HEARING: VARIANCE FOR CONSTRUCTION OF AN AGRICULTURAL
BUILDING AT 18180 OLINDA TRAIL. CHARLES MANN, APPLICANT.
(RESOL UTION NO. 0.7-02-13-02)
Charles Mann has applied for a variance to build a new steel accessory building to replace an
existing building that was damaged by a storm this spring on his property at 18180 Olinda Trail.
The property is 8.6 acres in size.
City Planner Buss presented an overview of the request. The applicant is proposing to retain 2
existing buildings that total 936 square feet. The new building will be 2,000 square feet, which
would exceed the allowed number and size of accessory structures for properties between 5 and
10 acres (no more than 2 accessory structures not exceeding 2,000 square feet is allowed). All
setbacks and lot coverage for the proposed building are met.
Buss explained that the extra space is needed for the storage of equipment used to support an
orchard and restoration of the lakeshore, which are supported activities of the Comp Plan. Buss
recommended approval of the variance with conditions as written into a resolution. A Watershed
Permit may be needed for storm water management and erosion control.
Commission Chair Maefsky opened the public hearing at 8:14 p.m.
Charles Mann, 18180 Olinda Trail, Applicant: Mr. Mann stated that he has a reasonable request.
The damaged barn will be removed within the week.
Chris Ness, 18440 Norell Avenue: Mr. Ness asked for verification of the style of building. Mr.
Mann stated that it will be a steel arch building. Chair Maefsky confirmed that this type of
building is allowed on properties greater than 4 acres.
There were no other comments and Chair Maefsky closed the hearing at 8:17 p.m.
Commissioner Schwarz stated that he has no problems with this request. Commissioner Hogle
agreed that it is reasonable. Commissioner Philippi stated that it exceeds the square footage by a
modest amount and views it as good for the property owner.