8.b1ii Staff Report Swenson Variance
Memorandum
To: Scandia City Council Reference: Swenson Variance Application
Copies To: Brenda Eklund, Clerk
Ken Cammilleri, City
Administrator
Neil and Diana Swenson,
applicants
Project No.: 17722.000 Swenson Variance
From: Evan Monson, Planner Routing:
Date: November 11, 2020
SUBJECT: Variances from the standards for residential accessory structures, and the
minimum lake setback for an addition and remodel
MEETING DATE: November 10, 2020
LOCATION: 18590 Norell Avenue North, PID 34.032.20.24.0019
APPLICANTS: Neil and Diana Swenson
ZONING: General Rural (GR), Shoreland Overlay
60-DAY PERIOD: October 25, 2020 (120-day December 24, 2020)
ITEMS REVIEWED: Revised plans received October 23, 2020
DESCRIPTION OF THE REQUEST:
The applicants are looking to remodel and add onto their existing residence located at 18590 Norell
Avenue North. A proposed addition totaling 534.6 square feet of living space is planned to be built in
line with the existing house, and would not encroach any closer than the existing residence to the
Ordinary High Water Level (OHWL) of Big Marine Lake. Much of the new addition would occupy a similar
footprint as an existing deck. A new 840 square foot attached garage is also proposed, with a new
driveway extending out to connect to the existing driveway on the property. With the proposed
improvements to the site, the impervious surface coverage of the lot would be just under the maximum
area amount permitted of 25%.
Swenson Variance Staff Report November 17, 2020
Scandia City Council Page 2
The existing residential structure is nonconforming to the current setback requirements of the city, as
the setback from the OHWL is currently 19.9 feet. The Development Code for the city notes in Chapter
One, Section 13.3(1) that a nonconforming structure that is “removed, destroyed or altered by any
means to the extent that the cost of repair or replacement would exceed fifty percent (50%) of the
appraised value of the original structure shall not be replaced, except in conformity with this
Development Code. If a replacement structure cannot be placed on the lot meeting all current
standards, the variance procedure must be followed.” With the applicants’ alteration and addition
project exceeding this value threshold, the remodel of the residence therefore requires a variance be
granted.
Based off the submitted plans, the nearest point of the residential structure would be the existing 19.9
foot setback (the proposed addition has a setback of 24.9 feet from the OHWL at its nearest point). The
normal setback required in the Development Code from a lake such as Big Marine Lake is 100 feet. This
results in a variance of 80.1 feet being required.
The proposed attached garage also creates a need for a variance, as Chapter 2, Section 3.2(3)(C) of the
Development Code limits lots that are under 1 acre in size to only one accessory structure totaling 720
square feet in size. Given the current detached garage on-site is 870 square feet, any sort of expanded
or new accessory structure would need a variance.
After being reviewed at the last meeting, the Planning Commission tabled the request so as to see
potential improvements be made to the plans. The applicant has worked with the watershed to come up
with plans that go above and beyond what the watershed would require, so as to ensure water runoff
on the site is better than it is currently. The Planning Commission also indicated a desire to differentiate
regulations for accessory structures depending whether they are attached or detached. A potential code
amendment could therefore permit an attached garage on this property in the future, so long as it
would meet setbacks, impervious surface coverage, and other requirements.
PROPERTY INFORMATION
Parcel description: 18590 Norell Avenue North is a parcel located on Big Marine Lake. It has an existing
725.4 square foot residence that was built in 1959, as well as an 870 square foot detached garage. The
lot gradually slopes down from the south end near the street towards the lake, with flat areas
throughout. The lot is approximately 100.25 feet wide, with the depth varying from 204 to 234 feet. The
lot size is 19,817 square feet, based off the submitted survey. The lot currently has an impervious
surface coverage of just under 18.3%. A portion of Norell Avenue (89 square feet per the survey) is
within the property lines and counts against the impervious surface coverage. The parcel is substandard,
as it does not meet the minimum width, size, or buildable area requirements for the General Rural (GR)
zoning district. The existing residence is not meeting the minimum lake setback. The existing garage is
exceeding the current maximum for accessory square footage for lots under one acre in size. This area
of Scandia is served by the Anderson/Erikson municipal sewer system.
Zoning: General Rural, Shoreland Overlay
Land use: Single-family Residential
Swenson Variance Staff Report November 17, 2020
Scandia City Council Page 3
EVALUATION OF VARIANCE REQUEST
Applicant’s Explanation of the Plan and Variance Request
“We purchased this property October 2002. We have seasonally enjoyed the cabin with our family for
18 years. Our two children have recently bought homes of their own in Lindstrom and Bayport and it’s
now just the two of us. With that in mind, we decided to try to downsize from our house in Scandia and
remodel the existing cabin to change it from a seasonal cabin to our permanent residence. Our plan is
to increase the footprint enough to increase the living space but not exceed the 2 bedroom we currently
have in the cabin. The additional garage space will provide enough room to keep all of our accessories,
boats and vehicles inside to keep the exterior area to be clutter free with items being stored outside.
Our hope is to improve the looks of the property yet still stay under the 25% impervious coverage
required by code.
We have been good stewards of Big Marine Lake, we have protected the shoreline by not altering the
natural vegetation and natural berms formed by the ice in the spring. We have also maintained the rain
garden near the road to help provide for better water filtration. The lot has never had a standing water
problem as it is mostly sand. We have also been working closely with Mike Isensee and Milo Horak of
Landmark Surveying, Inc. to insure we will have a full detailed survey with a plan so we will be in
compliance with all the Carnelian Marine St. Croix Watershed District requirements.
We are working with the architect and surveyor to make sure we do not exceed the 25% impervious
allowed. We will be removing the 2 sheds and shrinking the existing driveway and removing other small
paved areas.”
Staff Comments on the Variance Request
The City Engineer provided the following comments during the original review of the variance:
• 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
new year round home to be brought onto the system. How many bedrooms/bathrooms does
the current structure have?
• Existing lot is very flat thus a grading plan will have to be prepared that will require significant
grading along the lot lines to make sure positive drainage is maintained and not pushed onto
adjacent properties. Existing garage floor elevation is less than 4” higher than the roadway and
with additional proposed impervious surface additional drainage concerns should be reviewed
very closely.
• 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 and with the road already being
located within the existing property line.
Swenson Variance Staff Report November 17, 2020
Scandia City Council Page 4
• Reduction of tree canopy and pervious surface are concerns and shall be fully discussed.
Proposed 24.97% is too close to verify after construction without a full survey, how will this be
verified?
• 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 and
applicant should be aware of the required work that will be necessary.
• Verify what structures are being removed with proposed improvements.
• Driveway 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 latest proposed plans exceed the requirements of the watershed. The water runoff will be
directed away from the lake, which was an item the Planning Commission inquired about during the
first meeting.
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 Comprehensive Plan prioritizes environmental stewardship on lakeside lots. The new
addition to the existing residential structure would not encroach any closer into the lake
setback. The proposed addition, along with a new garage and new driveways, would bring the
impervious surface on the site to a total of 4,912 square feet. This amount would be just under
the impervious surface limit of 25% by less than 1% (4,912/19,817 = 24.79%), but would be
within what is permitted. Even with all the new construction, the applicant has worked with the
watershed to make sure that runoff is kept out of the lake.
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
Swenson Variance Staff Report November 17, 2020
Scandia City Council Page 5
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 existing residence
being nonconforming, and the lot being substandard to the minimum requirements of the
development code. The existing cabin does meet minimum setbacks on the sides and the front.
The lot does not meet the minimum lot size (2 acres), buildable area (1 acre), or minimum
frontage (160 feet) of the GR zoning district.
The existing garage is also nonconforming, as it exceeds the current code requirements of only
720 square feet of accessory space on lots of under an acre in size. Apart from the size, the
existing garage does meet setbacks and other requirements. If the lot were meeting the
minimum lot size of 2.5 acres, the property would be permitted up to 1,000 square feet of
accessory space without needing a variance, though a second structure would still not be
permitted without a variance.
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 alteration would keep the existing residential structure for single-family use. The
addition would not bring the residence out of scale with the range of house sizes in the area, or
beyond what is permitted. Apart from the lake setback, the house meets the other
requirements of the Development Code. The addition of another garage onto a property of this
size would be uncommon, though if the variance is granted it would not be the only property
with more than one garage. Granting the variance for the lake setback in order to remodel an
existing residential structure would not alter the essential character of the area. Due to its
uncommon occurrence, granting the variance to allow for the additional garage could alter the
essential character of the neighborhood.
• 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 remodeled house and attached garage
limiting light or air to neighboring properties. The land use will not change from single-family
residential, so increases to congestion, fire danger, or public safety are not expected. The
property values of neighboring values would not be impaired, either.
Swenson Variance Staff Report November 17, 2020
Scandia City Council Page 6
If maintaining connection to the city sewer system, the applicant should work with the city to
ensure the system can handle it. If not, an on-site system may be needed. 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. The applicant will need to
work with the city to ensure the proposed remodel will not impair the city sewer system, which
if overwhelmed could endanger the public.
• The requested variance is the minimum action required to eliminate the practical difficulty.
The proposed remodel of the existing residence exceeds 50% of the appraised value, hence the
need for a variance. The remodel and addition would not result in any encroachment closer to
the OHWL; the addition onto the house would meet the minimum front and side setback
requirements.
Additional construction of the proposed attached garage would bring the property close to the
maximum impervious surface coverage of 25%. While the lot being nonconforming does limit
the amount of accessory space one can have, the code requirement that limits accessory space
is intended to prevent lots from having an excessive number of accessory structures and to help
keep lots below the maximum impervious surface coverage of 25%. If the lot was meeting the
minimum size (2.5 acres within the Shoreland Overlay), a second structure would still not be
permitted without a variance. An addition to the existing detached garage could be better
considered as a ‘minimum action’, as the property could then still meet the requirement of
having one accessory structure and could better remain under the maximum impervious surface
coverage. The variance for the lake setback is the minimum action required to eliminate the
practical difficulties facing the existing house. The variance to allow for a second accessory
structure appears to not be the minimum action required.
• 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 above support granting a variance for the remodel, but do not support granting a variance
for the additional accessory structure (the proposed attached garage shown on the submitted plans). In
order to grant the variance to allow for the attached garage, the Council would need to make findings
that a second garage on the site would not alter the essential character of the neighborhood, and that a
second garage is the minimum action necessary to overcome the difficulties of having a nonconforming
lot. The Planning Commission voted to grant the variance for the house, but not for the additional
accessory structure.
Swenson Variance Staff Report November 17, 2020
Scandia City Council Page 7
ACTION REQUESTED:
The 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 Council recommend approval of an 80.1 foot variance to the lake side
setback to allow for an addition and remodel of an existing residential structure at 18590 Norell Avenue
North. This recommendation does not include approving the variance to permit the additional accessory
structure. The following conditions for the variances are recommended below:
1. The location and setbacks of the proposed addition to the existing residential structure shall
be consistent with the plans submitted to the City of Scandia on October 23, 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, 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 applicant shall work with the City to establish a five foot easement along the east
property line for drainage and utilities.
5. The applicant shall have the septic system meet applicable City Ordinances, and shall
comply with applicable Washington County requirements.
6. The applicant shall secure any other applicable Federal, State, County and local permits
required for the project.
7. The applicant shall pay all fees and escrows associated with this application.