4.a) 2013 Staff Report-histroical infoMemorandum
To:
444 Cedar Street. Suite 1500
Saint Poul, MN 55101
651.292.4400
Copies To:
tkda.com
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Sherri Buss, RLA AICP,
TKDA
Planner
Memorandum
To:
Scandia City Council
Kristina Handt, City
Administrator
Copies To:
John Krueger, Applicant
From:
Sherri Buss, RLA AICP,
Planner
Date:
July 3, 2013
Reference: Krueger Variance Application,
City of Scandia
Project No.: 15253.016
Routing:
SUBJECT: Krueger Variance Application
MEETING DATE: July 16, 2013
LOCATION: 12199205 th Street North
Scandia, Minnesota
APPLICANTS: John Krueger
ZONING: General Rural District and Shoreland Zone
60 -DAY PERIOD: August 10, 2013
ITEMS REVIEWED: Application and Plan received June 10, 2013
BRIEF DESCRIPTION OF THE REQUEST:
The applicant is seeking to build a swimming pool and hot tub between the existing home on the
property and Big Marine Lake. The proposed location for the pool is within the required
structure setback from the lake.
The parcel includes 5.09 acres. The property is located in the General Rural (GR) District and
within the Shoreland Zone of Big Marine Lake, a Recreational Development Lake.
DETAILED EVALUATION OF THE VARIANCE REQUEST:
Comprehensive Plan
The Comprehensive Plan indicates that the General Rural District includes areas of mixed lot
sizes, and will continue to do so. Single-family residential uses, including accessory uses, are
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Krueger Variance Staff Report
Scandia City Council Page 3 July 16, 2013
Building Height
No new buildings are proposed.
Wastewater Treatment
The proposed expansion does not require additional wastewater treatment on the parcel.
Stormwater Management and Land Alteration
No alteration is shown in the grades on the site, and no grading plan was included with the
application. However, construction of the pool structure and hot tub will require grading to
create a flat area. Areas to the south and east of the pool include significant slopes. While the
slopes do not meet the definition of "bluffs" or "steep slopes" in the Shoreland District
regulations, care will be required to avoid creating steep or unstable slopes when the pool area
is graded.
The Planner sent the application to the Carnelian -Marine Watershed District and the Minnesota
DNR for review and comment. District staff noted that it is likely that the proiect will require
Watershed District Permits for bluffs stormwater management and erosion control and the
conditions require that the applicants obtain any required „permits from the District.
The City's ordinance requires that the applicants obtain a land alteration and grading permit if
1,000 square feet or more of land area will be disturbed for the proposed pool and hot tub. The
applicant should obtain the land alteration and grading permit if the land disturbance exceeds
1,000 square feet. The Planning Commission included a condition that the applicant shall
submit the grading plan for the site to the City for approval by the City Engineer before a
building permit may be issued.
Landscape Plan and Tree Replacement Requirements
No landscape plan is required for the expansion. The Minnesota DNR staff suggested that the
City could consider requiring screening for the proposed pool if noise or activity is likely to
impact other lakeshore owners.
Some mature trees may need to be removed to construct the pool structure and hot tub. The
Shoreland Overlay District regulations do not allow removal of healthy trees over six (6) inches
in diameter at a point fifty-four inches above ground level (dbh) within the required building
setback without replacement. The applicant will be required to submit a tree replacement plan
that identifies any healthy trees that are proposed for removal within the setback area that are
over 6 inches dbh and proposed replacement trees 1:1 replacement). The 121an must be
approved by City staff before a buildingpermit may be issued.
CRITERIA FOR VARIANCES AND FINDINGS
Chapter 1, Section 6.0 of the Development Code includes 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.
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Krueger Variance Staff Report
Scandia City Council Page 5 July 16, 2013
natural vegetation. The practical difficulties were not caused by the landowner and are
unique to the existing development and vegetation on the property.
• The variance would not alter the essential character of the area.
The applicants' home is near other residential structures that have a variety of accessory
structures. The proposed use would not alter the essential residential character of the
area.
• Economic conditions alone shall not constitute practical difficulties.
The practical difficulties are related to the shape of the existing lot, location of existing
structures, septic system and vegetation. 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. It
will not increase congestion, endanger the public, or substantially diminish or impair
property values in the neighborhood.
• The required variance is the minimum action required to eliminate the practical difficulty.
The proposed pool structure will be 60 feet from the OHWL. The hot tub should be
relocated to maintain at least the same 60 -foot setback from the OHWL. Some
separation is needed between the pool and the other structures and septic system, so
the proposed location provides as much separation from the lake as possible without
impacting other structures. The variance is the minimum action needed 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.
PLANNING COMMISSION PUBLIC HEARING AND DISCUSSION
The Planning Commission held a public hearing on the application at its July 2nd meeting.
Neighbors noted concerns about potential impacts of lighting and noise on surrounding
properties. The Planning Commission discussed those concerns, noted that the lack of a
certificate of survey made evaluation of setback and slope issues difficult, and noted concerns
about potential slope impacts as the area is graded to accommodate the pool. They also
concluded that the hot tub should be relocated so that it meets the same setback as the pool, as
there is ample area available around the pool structure to relocate the hot tub and maintain as
much of the lake setback as possible. The Planning Commission recommended approval of the
variance and added conditions related to the following issues:
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Krueger Variance Staff Report
Scandia City Council Page 7 July 16, 2013
6. The applicant shall obtain a Building Permit and Land Alteration Permit from the City
prior to construction of the swimming pool and hot tub.
7. The applicant shall obtain the required Watershed District permits for buffers and for
storm water management and erosion control, and provide a copy of the approved
permits to the City.
8. The applicant shall locate and focus any lighting for the pool area on the pool and deflect
light away from surrounding residential properties.
9. The Applicant shall pay all fees and escrows.
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