9.b5b Berger Variance CC Staff Report
Memorandum
To: Scandia Planning Commission Reference: Berger Variance Application
Copies To: Brenda Eklund, Clerk
Ken Cammilleri, City
Administrator
Jay Berger, applicant Project No.: 17722.000 Berger Variance
From: Evan Monson, Planner Routing:
Date: October 13, 2020
SUBJECT: Berger Variance for Lake Setback
MEETING DATE: October 20, 2020
LOCATION: 19241 Orwell Avenue North, PID 26.032.20.31.0005
APPLICANT: Jay Berger
OWNERS: Christopher Norville, Julie Miller
ZONING: General Rural (GR), Shoreland Overlay
60-DAY PERIOD: October 27, 2020 (120-day December 26, 2020)
ITEMS REVIEWED: Application and plans received August 28, 2020
DESCRIPTION OF THE REQUEST:
The applicant is seeking a variance from the minimum lake side setback in order to construct a new deck
onto the existing residence at 19241 Orwell Avenue North, a lot on Sand Lake. The existing residence
has a small platform and steps, as well as a brick patio; the proposed deck would occupy similar
locations as those. The existing residence is nonconforming, as it is within the minimum 200 foot
setback required from ‘natural environment’ lakes. The lot itself is substandard, as it does not meet the
minimum size or buildable area requirements for the zoning district it is zoned as.
The proposed project shows small encroachments into the lake side setback. The uncovered deck is
shown at a minimum setback of 68.7 feet, while the uncovered portion is shown at a setback of 63.7.
Berger Variance Staff Report October 20, 2020
Scandia City Council Page 2
The existing house is shown at a setback of 70 feet. Based off the minimum setback being 200 feet, the
requested variance would equate to 136.3 feet.
PROPERTY INFORMATION
Parcel description: 19241 Orwell Avenue North is located on the west side of Sand Lake. It has an
existing residence that was built in 1964. The lot slopes down from the west end near the street towards
the lake, with some flat areas in the center of the lot. The lot is substandard, as it does not meet the
minimum size or buildable area requirements of the underlying zoning district. The lot area, as
measured on the submitted survey, is 53,933 SF or 1.24 acres. The lot is approximately 160 feet wide,
with the depth varying from 288 to 347 feet.
Zoning: General Rural, Shoreland Overlay
Land use: Single-family Residential
EVALUATION OF VARIANCE REQUEST
Applicant’s Explanation of the Plan and Variance Request
“The owners of the property, Christopher Norville and Julie Miller recently moved here from Oregon and
bought the subject house. They knew it was old and in need of repair.
They are planning to improve both the inside and outside of the house and find that they would like to
add a deck facing the lake, as part of their remodel. The deck can be seen on the included plans. The
deck itself will extend from the house 12’. They want this deck installed for both house usability and
safety.
From a usability standpoint, the house will offer a nicer option to enjoy the lake; and from a safety
perspective, the steps that are now located on the lakeside of the house and that step down to grade
and are currently extending 5’ towards the lake now are unsafe. I have inspected the steps and found
them to be dangerous, as they are crumbling and were built without footings. Thus, the steps there have
now heaved and are uneven, and are unsafe to use.
So, from the perspective of the actual additional footage extending from the house toward the lake
even after the new deck is completed is 7’.
The house is in need a repair. The owners bought it knowing such work would need to be completed.
The owners are of the opinion that the improvements they propose, which include the deck, will better
the appearance and value of their house and improve the neighborhood.
Based on the above information, they are asking for a variance to construct the proposed deck on the
plan.”
Berger Variance Staff Report October 20, 2020
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:
• Variance request shall be reviewed by the Washington Conservation District to comment on
setback from OHWL.
• Erosion control plan will be required. Depending on size of house addition a grading plan may
be required.
• Project shall be in compliance with the Watershed District which will include additional
requirements.
• Temporary restoration may be required to stabilize work zone and excavated material handled
with care to ensure erosion to lake does not occur.
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 – CMSCWD Rule 2 is triggered by the potential Scandia setback
for OHWL variance. Stormwater management BMPs sized in compliance with the District’s
Small Residential Stormwater Worksheet is required. Approximately 207 SF of new impervious
surface is proposed. Stormwater BMP(s) providing 31 CF of storage is required. A declaration
for maintenance of stormwater management facilities will also be required for the BMP(s).
• Rule 3 Erosion Control – Sediment control logs are recommended downslope of disturbed areas.
General disturbed area revegetation specifications (turf or seed and sod) is required.
• Rule 4 Buffers – In order to implement the proposed plan, Scandia would need to approve a
variance from its shoreland ordinance for shoreline setback therefore the District’s Buffer Rule
applies. Sand Lake is a Groundwater-Dependent Natural Resource, requiring a 100-foot buffer.
However, Rule 4.9.4 (exception for nonconforming setback) reduces the buffer width required
to a minimum of 50% of the distance between the existing structure and the OHWL. If the
variance is approved by Scandia, a buffer and recorded buffer declaration will be required by the
District, along with a planting plan to establish adequate vegetation for any areas of the buffer
that will be disturbed.
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 variance.
Berger Variance Staff Report October 20, 2020
Scandia City Council Page 4
• 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 proposed
improvements are minor; combined with working with the watershed district the applicants
intend to minimize any potential impacts that could result from this project.
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 are a result of the lot being substandard, and the existing house not
meeting the minimum requirements of the development code. The lot does not meet the
minimum lot size (2 acres), or buildable area (1 acre) requirements of the GR zoning district. The
house resides nearly fully within the required setback from the OHWL. The existing residence
was built by previous owners at a time where zoning regulations permitted structures at smaller
distances from lakes. Without moving the house, any potential changes to the lake side of the
house will encroach into the required lake setback. 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 deck would not be altering the property to an extent that the ‘essential character’
is impacted. Many lots along this lake have decks or patios on the rear side as well; the
proposed deck would largely occupy a similar footprint as an existing brick patio. Most
neighboring properties will likely not notice the deck if the variance is granted. 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 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 limiting light or air to neighboring
properties. The land use will not change from single-family residential, so increases to
Berger Variance Staff Report October 20, 2020
Scandia City Council Page 5
congestion, fire danger, or public safety are not expected. The property values of neighboring
values would not be 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 project would add approximately 207 square feet of deck and steps onto the lake
side of the house. The proposed project would encroach into the existing setback by less than
10 feet. Given that the proposed project is only x feet closer to the OHWL than the existing
house, the proposed plans appear to be as minimal of an action one could request. 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 a 136.3 foot variance to the lake side setback to
allow construction of a deck onto an existing residential structure at 19241 Orwell Avenue North. The
following conditions for the variances are recommended:
1. The location of the proposed deck shall be consistent with the plans submitted to the City of
Scandia on August 28, 2020, and 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 grading plan and erosion control plan shall be submitted to the city for review, showing
any areas of soil disruption, in order to ensure that drainage is not directed to adjacent
properties.
4. The applicant shall secure any other applicable Federal, State, County and local permits
required for the project.
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Scandia City Council Page 6
5. The applicant shall pay all fees and escrows associated with this application.