8.b2ii CC Staff Report Davies Variance
Memorandum
To: Scandia City Council Reference: Davies Variance Application
Copies To: Brenda Eklund, Clerk
Ken Cammilleri, City
Administrator
Robert and Debra Davies,
applicants
Project No.: 17722.000 Davies Variance
From: Evan Monson, Planner Routing:
Date: November 11, 2020
SUBJECT: Davies Variances for Lake, Front and Side Setbacks
MEETING DATE: November 17, 2020
LOCATION: 12050 196th Street North, PID 29.032.20.14.0009
APPLICANT: Robert and Debra Davies
ZONING: General Rural (GR), Shoreland Overlay
REVIEW PERIOD: Waiver to December 31, 2020
ITEMS REVIEWED: Application received June 10, 2020, revised plans received November 1,
2020
Davies Variance Staff Report November 17, 2020
Scandia City Council Page 2
DESCRIPTION OF THE REQUEST:
The applicant is seeking variances from the minimum lake side, front, and side setback. The existing
cabin is nonconforming for lake and right side setbacks. The applicants are proposing to construct a new
residential structure on the lot, while removing the existing one and two small sheds located near the
property line. A new detached garage would be placed near the front of the lot up by 196th Street, with
a new septic system located to the west and south of the proposed garage.
The property is substandard, as it does not meet the minimum width, size, or buildable area
requirements for the General Rural (GR) zoning district. Overhead electric and guyed wires pass over the
southern end of the lot. Being along the lake also limits the potential locations of the septic system.
Given these challenges, the applicant has worked with their contractors this summer and fall to come up
with plans that require the minimum variances necessary from code requirements. Their first request
was tabled at the August 2020 Planning Commission meeting. The applicants revised the request to
better meet the code requirements, as well as address concerns the Commission had while reviewing
the original request. The revised request was approved by the Planning Commission at the September
1st meeting.
After that approval, the applicants received word from the County that they would need to revise their
previously approved plans for the septic system. As a result of this need to again revise plans, the
Council tabled the approval of the variance at the September 15th meeting. The applicants have worked
with a septic designer to come up with a new, compliant system for the property. This new system
would have two tanks placed west of the proposed garage (at similar locations as two existing sheds),
while a mound would be placed to the south of the garage. With this new mound location, the
applicants shifted the garage towards the house and closer to the front property line along the end of
196th Street. These new revisions altered the requested setbacks from what was approved, which
required the Planning Commission to review and approve or deny this latest revision.
The latest plans show a requested lake setback of 40.5 feet, which is unchanged from the plans
approved by the Planning Commission in September. The right side setback from the house and the
garage to the property line is shown at a minimum of 8 feet. The left side setback is shown at a
minimum of 3 feet in order to accommodate the new tanks and mound. The front setback is shown at
7’1”, in order to accommodate the garage and the new mound. This creates revised variance requests
of:
- 59’6” variance from the OHWL / lake setback (100’ – 40’6” proposed setback)
- 12’ variance from the right side setback (20’ – 8’ proposed)
- 17’ variance from the left side setback (20’ – 3’ proposed)
- 32’11” foot variance from the front side setback (40’ – 7’1” proposed)
Table 1 on the following page is a comparison of the changes from what was approved for variances in
September to now. Table 2 shows the existing setbacks on the site, the setbacks that were approved in
September, and the setbacks proposed in the latest revised request. Compared to the existing situation,
the setbacks from the OHWL and other property lines are being increased for all but the front of the
property. The reduction in the front setback is due to the placement of the new detached garage in
order to allow room for the 10’x25’ mound for the new SSTS.
Davies Variance Staff Report November 17, 2020
Scandia City Council Page 3
Table 1: Variances approved in September to now
Setback Variances reviewed &
approved 9/1
Variances to be
reviewed 11/10
Change in Variances
requested
Lake side / OHWL 59’6” 59’6” -
Right side 12’ 12’ -
Left side 12’1” 17’ +4’11”
Front side 28’ 37’ +11’0”
Table 2: Changes in Setbacks
Setback Existing Approved 9/1 Requested 11/10 Net change in
minimum
setbacks
Lake side / OHWL 39’11” 40’6” 40’6” +0’7”
Right side 6’4” 8’0” 8’0” +1’8”
Left side 1’3” 7’11” 3’0” +1’9”
Front ~34’0” 11’11” 7’1” -26’11”
PROPERTY INFORMATION
Parcel description: 12050 196th Street North is a long and narrow parcel located on Big Marine Lake. It
has an existing cabin that was built in 1960, as well as two small sheds located close to the left side
property line. The lot slopes down from the south end near the street towards the lake, with some flat
areas in between. The applicants recently added a small amount of land to the parcel near 196th Street
in order to provide street access earlier this year. The lot area, as measured from the ordinary high
water line, is 10,420 SF. The lot is approximately 50 feet wide, with the depth varying from 179 to 215
feet.
Zoning: General Rural, Shoreland Overlay
Land use: Single-family Residential
EVALUATION OF VARIANCE REQUEST
Applicant’s Explanation of the Plan and Variance Request
Refer to the attached “Addendum to Narrative” submitted by the applicants.
Staff Comments on the Variance Request
The City Engineer provided the following comments during the original review of the variance:
• Grading Plan will be required to ensure drainage is not being directed onto adjacent properties
also including garage floor elevation.
Davies Variance Staff Report November 17, 2020
Scandia City Council Page 4
• Site improvements need to be in compliance with the Watershed District and will require a
permit.
• Washington County Environmental will need to review the proposed septic holding tanks and
applicant will have to conform to permit requirements administrated by the County.
• Erosion control plan shall be submitted for review.
• One page within the SP Testing Inc. report shows a shared well on another parcel, may require a
shared easement as well but plans don’t show where the water service line goes from the well
to the cabin, proposed garage construction may be in conflict of existing water service line.
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 potential
shoreland setback variance). 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 would be triggered by the (potential) shoreline setback variance. 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 proposed cabin is approximately 10-feet closer to the OHWL than
the existing cabin. It would appear that the proposed cabin could be built at least as far away as
the existing cabin. 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 vegetation, with the exception of permitted access to the waterbody.
Areas undisturbed are allowed to remain as-is.
• Rule #5 Shoreline and Streambank Stabilization – Not likely applicable given Permit 03-024 was
for shoreline work.
• 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.
Davies Variance Staff Report November 17, 2020
Scandia City Council Page 5
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 12050 196th Street 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 in a manner that keeps alterations and impacts low, due to the structure’s
proximity to the lake. The new residential structure would be slightly further away than the
existing cabin in the lake setback, and would be placed further from the right side property line
than the current cabin.
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
(160 feet) of the GR zoning district. Without acquiring additional land, it is difficult to use the
property without setback variances and meet code. Additionally, there are overhead electric
and guyed wires that cross over part of the property on the south end. 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 a residential structure in a similar location as the present
structure, and continue to be a single-family use. The proposed size of the reconstructed
residence would not be out of scale with the range of house sizes in the area. The plans also
show a new garage being constructed. While this would be new, it would not be uncommon, as
Davies Variance Staff Report November 17, 2020
Scandia City Council Page 6
other properties on the street have garages located in between the road and the house.
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 the new house and detached 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 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 will be similar in size and location as the existing residential
structure. The construction of a detached garage would be a new addition to the property. The
location of the detached garage is proposed in order to have proper space for the septic system.
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 City Council may do one of the following:
1. Approve
2. Approve with conditions
3. Deny with findings
4. Table the request
Davies Variance Staff Report November 17, 2020
Scandia City Council Page 7
PLANNING STAFF RECOMMENDATION:
The Planner recommends that the City Council approve of variances to the front, side, and lake side
setbacks to allow construction of a residential structure and accessory structure at 12050 196th Street
North. The conditions below for the variances are recommended. The Planning Commission
recommended to approve the request with these conditions at their November 10th meeting.
1. The location and layout of the proposed residential structure and detached garage shall be
consistent with the plans submitted to the City of Scandia on August 18, 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 provide documented County approval for a new well and septic system,
or documented approval from the County to continue using the existing well and/or septic
system.
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.
Attachments
• Revised Narrative
• Revised Plans
o Existing Site Plan
o Proposed Site Plan
o Existing with Proposed overlayed
o SSTS Designs