6. PC Staff Report_Tomaro Walsh Variance
Memorandum
To: Scandia Planning Commission Reference: Tomaro Walsh Variance Application
Copies To: Brenda Eklund, Clerk
Ken Cammilleri, City
Administrator
John Walsh, Applicant Project No.: 17722.000 Tomaro Walsh Variance
From: Evan Monson, Planner Routing:
Date: August 26, 2020
SUBJECT: Variance requests for Lake and Side Setbacks
MEETING DATE: September 1, 2020
LOCATION: 18570 Norell Avenue North, PID 34.032.20.24.0020
APPLICANT: John Walsh
OWNERS: Tom and Barb Tomaro
ZONING: General Rural (GR), Shoreland Overlay
60-DAY PERIOD: September 15, 2020 (120-day November 14, 2020)
ITEMS REVIEWED: Application and Plans received July 17, 2020
DESCRIPTION OF THE REQUEST:
The applicant, on behalf of the property owners, is seeking variances from the minimum lake and side
setbacks to construct a residential structure with attached garage at 12050 196th Street North, a lot
located on Big Marine Lake. The property currently has an old cabin and two sheds on it. The existing
cabin is nonconforming for the minimum lake setback and would be removed, along with the two sheds.
The applicant is proposing to construct a new residential structure on the property for the owners, with
the new residence set much further from the lake than the existing one. The proposed structure will
utilize the existing driveway location, with the driveway turning into the attached garage on the front of
the house. Two additional garage doors are shown, one on the east side and one on the north side of
the house. These are planned for storage, and would not have driveways to them. The proposed
structure would be 30 feet tall at the peak; the Development Code permits structures up to 35 feet in
Tomaro Walsh Variance Staff Report Submitted August 26, 2020
Scandia Planning Commission Page 2 For meeting on September 1, 2020
height. The proposed structure would be 85 feet from the Ordinary High Water Level (OHWL); while
nearly triple the setback of the existing cabin from the OHWL, this is still within the minimum required
from Big Marine Lake. The proposed plans show the house encroaching within the side setbacks by one
foot. These setbacks calculate out to the exact variances of:
- Variance from lake setback of 15 feet (100 ft. minimum – proposed setback of 85 feet)
- Variance from side setbacks of 1 foot (20 ft. minimum – proposed setbacks of 19 feet)
The property is substandard, as it does not meet the minimum frontage/width, size, or buildable area
requirements for the General Rural (GR) zoning district.
PROPERTY INFORMATION
Parcel description: 18570 Norell Avenue North is a parcel located on the east side of Big Marine Lake. It
has an existing 720 SF cabin that was built in 1959. The existing cabin is only 31.5 feet from the OHWL.
The lot gradually slopes down from the east end near the street towards the lake, with flat areas
throughout. The lot area, as measured from the ordinary high water line, is 19,500 SF per the submitted
survey. The lot is approximately 100.26 feet wide, with the depth measuring 192 on the north property
line and 207 feet for the south property line. This lot does have access to the Anderson/Erickson Sewer
System, though that system is currently at capacity.
Zoning: General Rural, Shoreland Overlay
Land use: Single-family Residential
EVALUATION OF VARIANCE REQUEST
Applicant’s Explanation of the Plan and Variance Request
“Existing cabin will be removed from the lot as part of the construction plans for the new dwelling. The
proposed building would be approximately 85 feet from the high water line, or 82 feet from the current
rock wall. The current cabin is sitting approximately 31.5 feet from the shoreline. The new dwelling
would be ‘giving back’ 53 feet of previously encroached shoreline from the current dwelling.
Additionally noted, the request will comprise of a patio slab to accommodate a screened porch. The
hardship is the overall lot size and trying to maintain the maximum distance from the shoreline. The
hardship for side variance is that we are essentially right on allowable distance of side setbacks of
20'. We thought it would be best to have a cushion given the building is at 60ft wide, it is just meeting
the required set back given the lot width of 100.26.”
Staff Comments on the Variance Request
The City Engineer provided the following comments:
• The Anderson/Erickson Sewer System is already operating at or above capacity limits allowable
within the adopted ordinance last time Public Works closely reviewed the daily flows, thus if the
property is proposing “additional use” that discussion needs to occur prior to allowing a large
Tomaro Walsh Variance Staff Report Submitted August 26, 2020
Scandia Planning Commission Page 3 For meeting on September 1, 2020
new year round home to be brought onto the system. How many bedrooms/bathrooms does
the current structure have?
• Having separate garage doors face three different directions shall be discussed on attended use,
driveway location, and how drainage will be managed on this site that is very flat. This site is so
flat is may require constructing a rigid (concrete) drainage swale down the lot lines to ensure
drainage is not pushed onto neighboring properties once the tree canopy is lost with the
proposed size of house and removal of the existing cabin and guess the new home will be
slightly elevated with a new foundation.
• City should ask for a 5 foot drainage and utility easement along the entire eastern property line
to allow for private utilities to be located within that area with the road being so close to the
property line.
• Any change to the building structure will require the septic system to become within compliance
of the current City Ordinance and comply with Washington County permit requirements.
• Driveway permit and grading permit will be required.
• Water table information will be important in obtaining for building review.
• Project shall be in compliance with the Watershed District which will include additional
requirements.
The Watershed District:
The Watershed District noted 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 – This rule is triggered by the amount of land disturbance
with impervious surface creation within 1,000 feet of a public water and by the shoreland
setback variance (if approved by Scandia). Stormwater management BMPs sized in compliance
with the District’s Small Residential Project Stormwater Worksheet will be
required. Quantification of existing and proposed impervious surface areas are necessary to
calculate stormwater management treatment requirements. In addition, a stormwater
declaration will be required to be recorded with Washington County for CSMSCD access to and
landowner maintenance of incorporated stormwater BMPs.
• Rule #3 Erosion Control – An erosion/sediment control plan is required including silt fence or silt
logs downslope of disturbed areas, a rock construction entrance and details for disturbed area
vegetation establishment (sod, seed and mulch, erosion control blanket, etc.).
• Rule #4 Buffers – This rule will be triggered by the shoreline setback variance (if approved by
Scandia). The standard buffer width for Big Marine Lake, a groundwater-dependent natural
resource, is 100-feet. Rule 4.9.4 (exception for nonconforming setback) provides flexibility
(reduction) in the required buffer width. The site plan indicates the existing cabin is
approximately 31.5-feet from the OHWL so the minimum required buffer width is approximately
16-feet. The proposed home is approximately 93-feet from the OHWL. It should also be noted
that a lakeshore buffer declaration will be required to be recorded with Washington
County. Areas disturbed within the buffer will be required to be revegetated with native
Tomaro Walsh Variance Staff Report Submitted August 26, 2020
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vegetation, with the exception of permitted access to the waterbody. Areas undisturbed are
allowed to remain as-is.
• Rule #5 Shoreline and Streambank Stabilization – Site plan indicates a rock wall. It is unclear if
this is existing or proposed. If proposed applicant will need to meet with District onsite to
discuss alternate shoreline stabilization that is allowed by District Rule.
• Rule #7 Floodplain and Drainage Alterations – A proposed grading plan has not been
provided. Fill below the 100-year elevation (942.5’) would require 1:1 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, front, and side setbacks
at 18570 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 prioritizes environmental stewardship on lakeside lots. The applicant
proposes to proceed such that the lake setback would be much greater than that of the existing
residential structure. The applicant has also requested a small encroachment into the side
setbacks. The property would still have to follow the impervious surface limits, and other
applicable requirements of the Development Code, unless a separate variance was granted in
the future.
The proposed plans are 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. Proposing to continue to use the property for residential use 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 use of the property are a result of the lot being
substandard and not conforming to the minimum requirements of the development code. The
lot does not meet the minimum lot size (2 acres), buildable area (1 acre), or minimum frontage
Tomaro Walsh Variance Staff Report Submitted August 26, 2020
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(160 feet) of the GR zoning district. Due to the limited amount of space, it can difficult to use the
property without setback variances and meet code. The practical difficulties are not caused by
the current landowner and are unique to the property.
• The variance would not alter the essential character of the area.
The proposed plans would keep the use of the property as single-family residential. The existing
residential structure is about 30 feet from the OHWL, whereas the proposed house would be
much further from the lake. Granting a variance for the lake and side setbacks would not alter
the essential character of the area.
• Economic conditions alone shall not constitute practical difficulties.
The practical difficulties are related to the lot not providing the minimum amount of space as is
required in the code. 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.
Granting the requested variances would not result in the new house limiting light or air to
neighboring properties. The land use will not change from single-family residential, so increases
to congestion or fire danger are not expected. The property values of neighboring values would
not be impacted, either.
This area of the city is served by the Anderson Erickson Sewer System. The existing system is at
or exceeding current capacity, so a residence with more bedrooms could potentially cause
issues with the sewer system. Given the potential issues with the city sewer, an on-site private
system may be a safer option. The requested variances will not impair the supply of light or air
to adjacent properties, increase congestion, or substantially diminish or impair property values
in the neighborhood. Granting the variance could result in endangering the public safety if the
new residence has more bedrooms than the existing cabin and overwhelms the sewer system.
• The requested variance is the minimum action required to eliminate the practical difficulty.
The proposed residential structure will be much further from the OHWL than the existing cabin.
The proposed house could potentially be placed even closer to the OHWL, and still be an
improvement from the current cabin’s setback. The lot is not meeting the minimum frontage,
and the requested variance for the side setback is minimal. The requested variances for the lake
and side setbacks are the minimum action required to eliminate the practical difficulties of this
substandard lot.
• Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar
energy systems.
Tomaro Walsh Variance Staff Report Submitted August 26, 2020
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The variance is not related to a need for direct sunlight for solar energy systems.
The findings support granting a variance for the side and lake setbacks.
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
4. Table the request
PLANNING STAFF RECOMMENDATION:
The Planner recommends that the Planning Commission to approve variance requests for the lake and
side setbacks. If the Planning Commission votes to approve of variances to the side and lake side
setbacks to allow construction of a residential structure and accessory structure at 12050 196th Street
North, the following conditions for the variances are recommended:
1. The location and layout of the proposed residential structure and attached garage shall be
permitted a minimum setback of 85 feet from the Ordinary High Water Level, and a
minimum setback of 19 feet from the side property lines.
2. The applicant shall secure all applicable permits from the Carnelian Marine St. Croix
Watershed District, and comply with their requirements.
3. A grading plan and erosion control plan shall be submitted to the city for review, showing
any areas of soil disruption, including building floor elevations and the grading
limits/elevations/slopes of the new driveway, in order to ensure that drainage is not
directed to adjacent properties.
4. The property shall be served by a private, on-site sewage treatment system.
5. The applicant shall secure a demolition permit to remove the existing structures on-site
prior to issuance of a building permit.
6. The applicant shall secure from the City a driveway permit and grading permit prior to
issuance of a building permit.
7. The property owners shall work with the City to establish a five foot easement along the
east property line for drainage and utilities.
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8. The applicant shall secure any other applicable Federal, State, County and local permits
required for the project.
9. The applicant shall pay all fees and escrows associated with this application.