9.b3b Werb Variance CC Staff Report
Memorandum
To: Scandia Planning Commission Reference: Werb Variance Application
Copies To: Brenda Eklund, Clerk
Ken Cammilleri, City
Administrator
Michael Werb, applicant Project No.: 17722.000 Werb Variance
From: Evan Monson, Planner Routing:
Date: October 13, 2020
SUBJECT: Werb Variances for Side Setbacks
MEETING DATE: October 20, 2020
LOCATION: 18657 Lamar Avenue North, PID 31.032.20.14.0100
APPLICANT/OWNER: Michael Werb
ZONING: General Rural (GR), Shoreland Overlay
60-DAY PERIOD: October 25, 2020 (120-day December 24, 2020)
ITEMS REVIEWED: Application and plans received August 26, 2020
DESCRIPTION OF THE REQUEST:
The applicant has recently acquired this property and is looking to place a new house and attached
garage on it. The parcel currently has part of a house on it, with the rest of the house extending into the
parcel to the south. The applicant would like to remove said existing house in order to build a new,
better conforming residence on the parcel. The parcel to the south was purchased by the applicant’s
sister, who is also looking to build her own house on that parcel once the existing house is removed.
The applicant’s property is substandard, as it does not meet the minimum width, size, or buildable area
requirements for the General Rural (GR) zoning district. The parcel is 8,388 square feet in size, and has a
width of less than 45 feet. The minimum side setbacks are 20 feet, meaning that a structure would need
to be less than 10 feet wide in order to meet the minimum setback requirements. The proposed house
the applicant would like to build is 30 feet wide, which would place it within the required setbacks. The
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Scandia City Council Page 2
variance requested by the applicant is for 13 feet from both the north and south side property lines,
which equates to a new minimum setback of 7 feet.
PROPERTY INFORMATION
Parcel description: 18657 Lamar Avenue North is a narrow, substandard parcel located north of the
intersection of Lamar Avenue and 185th Street North. It has an old, nonconforming house that straddles
it and the parcel to the south. The parcel has some flat areas on the west side, while the east side slopes
down towards Langly Avenue. The lot area is 8,388 SF, per county records. The lot is slightly angled, with
a depth of 192.4 feet on the north side and a depth of 196.8 feet on the south side. The frontage of the
parcel is 50 feet, while the angle of the parcel results in the width being just under 45 feet.
Zoning: General Rural, Shoreland Overlay
Land use: Single-family Residential
EVALUATION OF VARIANCE REQUEST
Applicant’s Explanation of the Plan and Variance Request
“Siblings Michael Werb (Lot F) and Brenda and Alan Walker (Lot G), request a side setback variance to
build houses. The lots are 50 feet wide in front and 52 feet wide in back and between 192 and 201 feet
deep on each side. We request variances for side setbacks from 20 feet to 7 feet in order to build two
separate 30 foot wide by 35 feet long houses on the separate lots.
The hardship includes:
A. Both property owners propose to use the property in a reasonable manner. Each of the
landowners plan a 30 foot wide house that would be possible with a side setback variance of 13
feet on each side of each lot allowing for 7 feet setbacks.
B. The houses the owners plan to build are similar to other houses in the area and do not encroach
on existing houses.
C. The fact that the lots are not conductive to meeting exact code requirements of 20 foot side
setbacks on the 50 foot lots that leaves only a 10 foot width for building a house. The lots would
not be worth having without this variance.
D. The best and least intrusive request is for side setback variances. Otherwise a reasonable use for
the property does not exist under the terms of the zoning ordinance and codes.
E. The slope of the lots limit where a house can be placed; owners need a safe place to build which
the variance will allow.
F. The plight of the landowners is due to circumstances unique to the property, not created by the
landowners. These circumstances existed before the owners purchased the lots.
G. The variance, if granted, will not alter the essential character of the locality, including the rural
community, and will not impede the agricultural goals and natural resources in the area.”
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Scandia City Council Page 3
Staff Comments on the Variance Request
The City Engineer provided the following comments during the original review of the variance:
• Survey and Grading Plan would be required for submittal and review. Relatively flat in this area
between existing home and roadway where additional ditching may be required upon a survey
and additional driveways are constructed.
• Each parcel would have to have their own separate well permitted and approved through the
MDH if two separate homes area constructed.
• If proposed building requests future sewer service with connection to the Bliss system it will
required the septic system is compliance with the current City Ordinance and comply with
Washington County permit requirements and applicant should be aware of the required work
that will be necessary. These requirements should be closely review with Public Works to
prevent any surprises on what may be required on a future building permit.
• Driveway permits will be required.
• Loss of tree canopy should be discussed and taken into account. More canopy
retained/replaced will only help drainage runoff down the bluff.
• Project shall be in compliance with the Watershed District which will include additional
requirements.
The Watershed District:
The applicant has been working with the Watershed to acquire necessary permits. The Watershed
noted a need for a grading and drainage plan, an erosion and sediment control plan, and a
maintenance declaration for storm water facilities in order to issue a permit.
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.
• Variances shall only be permitted when they are in harmony with the Comprehensive Plan and
general purposes and intent of the official control.
The 2040 Comprehensive Plan identified that there is a need for new housing in the future, as
the city’s population is expected to slowly increase over time. Utilizing two already existing lots
would help provide additional housing in the city without requiring a new subdivision. The
parcel is zoned General Rural while also being within the Shoreland Overlay; both of these
permit single-family residential use. 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).
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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 of 2 acres, buildable area of 1 acre, or the minimum
frontage of 160 feet for the GR zoning district. If a lot is only 50 feet wide, a house could only be
10 feet wide in order to meet the minimum side setback requirement. The buildable area for the
parcel, using minimum required setbacks, gives the property owner a narrow space to work
with; it is not common to require houses fit within such a space and expect them to meet
modern building code requirements. 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 utilize the property for a single family residence, which is a similar
use as other adjacent properties. The proposed variance request would permit for a house to be
built in a size that is similar to other residences. Other applicable code requirements (such as
maximum lot coverage) and the fact that the lot slopes considerably on the east half would
prevent a new residence from altering the essential character of 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 lot not providing the minimum amount of space as is
required by 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 and detached garage
limiting light or air to neighboring properties. The land use will be single-family residential, so
increases to congestion, fire danger, or public safety are not expected. The property values of
neighboring values would not be negatively impacted, either. The requested 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.
• The requested variance is the minimum action required to eliminate the practical difficulty.
The proposed residential structure is modest in size at just over 1,000 square feet. The
placement of the house and attached garage is centered on the lot, so as to minimize the
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Scandia City Council Page 5
encroachment into the north and south side setbacks. Since building codes can limit how small a
house can potentially be built, it is unlikely that a smaller side yard variance could be granted in
order to permit construction of a new residence on the lot. 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 Scandia City Council can 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 City Council grant variances to the north and south side setbacks in
order to allow construction of a residential structure with side setbacks of eight feet at 18657 Lamar
Avenue North. The following conditions for the variances are recommended:
1. The north and south side setbacks of the proposed residential structure is permitted to be 7
feet, as per the plans reviewed for this request.
2. The applicant shall secure applicable permits from the Carnelian Marine St. Croix Watershed
District, and comply with their requirements.
3. A survey, 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 any new driveways, in order to ensure that drainage is not
directed to adjacent properties.
4. The applicant shall provide documented approvals for a well and septic system on the site.
5. The applicant shall secure any other applicable Federal, State, County and local permits
required for the project.
6. The applicant shall pay all fees and escrows associated with this application.