6.b Staff report_Westberg Variance PC 03.02.2021
Memorandum
To: Scandia Planning Commission Reference: Westberg Variance Application
Copies To: Brenda Eklund, Clerk
Ken Cammilleri, City
Administrator
Mike Westberg,
applicant/owner
Project No.: 18108.000 Westberg Variance
From: Evan Monson, Planner Routing:
Date: February 26, 2021
SUBJECT: Variances for an addition and remodel to an existing non-conforming
residential structure
MEETING DATE: March 2, 2021
LOCATION: 12970 236th Street North, PID 04.032.20.13.0003
APPLICANT/OWNER: Michael and Amanda Westberg
ZONING: General Rural (GR), Shoreland Overlay
REVIEW PERIOD: March 30, 2021, 120-day May 29, 2021
ITEMS REVIEWED: Application and plans received January 29 2021
DESCRIPTION OF THE REQUEST:
The applicant is looking to remodel and add onto an existing house on this property. The house is over
100 years old, and is located in the middle of the lot. The parcel abuts Sea Lake, which as a ‘Natural
Environment’ Lake requires a 200 foot setback for structures from the Ordinary High Water Level
(OHWL). An existing garage, partial remains of a barn, and a silo also are located within the 200 foot
setback. The applicant would like to add onto the existing house, and add an attached garage. Additions
to the house would be on the west side, and would not be encroaching closer to the lake than what is
existing. The house is 142 feet from the OHWL, per the submitted survey.
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 applicant ’s project
exceeding this 50% value threshold, the remodel of the residence therefore requires a variance be
granted. Chapter Five of the Development Code (Shoreland Ordinance) notes a varia nce is needed when
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additions or expansions to nonconforming structures does not meet setback requirements. Without
moving the house, it then needs a variance from the setback requirements.
PROPERTY INFORMATION
Parcel description: 12970 236th Street is located in the northern portion of the cit y on the west side of
Sea Lake; roughly half a mile from Lofton Avenue North. Sea Lake is classified as a ‘Natural
Environment’ lake. The parcel is an irregular shape, totaling approximately 16.18 acres in size. The parcel
is wooded throughout, with some slopes/inclines near the shore of the lake. There is an existing house on
the site (referred to as the cabin in the appli cant’s narrative), an old garage, a recently built shed/shop; an
old Quonset shed, an unused silo, and a half-razed barn.
Zoning: General Rural, Shoreland Overlay
Land use: Single-family Residential
EVALUATION OF VARIANCE REQUEST
Applicant’s Explanation of the Plan and V ariance Request
“Keep existing setback from the lake, and leave part of the existing nonconforming 1868 log home and
then build new house with an attached garage off of said log home . All new construction would be further
away from the lake than the existing structure.”
Staff Comments on the Variance Request
Engineer
The City Engineer provided the following comments during the review of the variance:
Assume property will use the current driveway access.
Grading plan shall be prepared and submitted for review. Perimeter erosion control shall be
required.
Site improvements shall be in compliance with the Watershed District.
Proposed septic system/expans ion shall be permitted/approved through Washington County.
They should show a plan that includes the proposed house along with the structures that are
being demolished. Demolition permit shall be executed.
Watershed
The Comfort Lake Forest Lake Watershed District provided the following comments:
“This type of project and variance will trigger two District Permitting rules:
1. Erosion and Sediment control
2. Lake, Stream, and Wetland Buffer Requirements
Due to the variance, the project will be required to install a lakeshore buffer and go before the District
Board of Managers for approval.”
DNR
The Department of Natural Resources provided the following:
The East Metro Area Hydrologist did not have any issues with the request .
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County Conservation District
Jay Riggs with the Conservation District reviewed the plans and the site to determine if a wetland
delineation is required. Based off aerial imagery, the National Wetlands Inventory (NWI) notes a possible
wetland extending to just behind the exis ting garage on the parcel. Based off the elevation of the land,
though, Jay was not sure if the NWI was accurate. A site visit when weather allows would allow Jay to
verify whether the NWI is accurate or not .
Figure 1 - Map with NWI layer in yellow. Elevation contours are in tan/brown.
Development Code
The Shoreland Ordinance (Chapter Five of t he Development Code) notes the minimum setback from the
OHWL of a ‘Natural Environment’ Lak e is 200 feet for structures, and 150 feet for sewage treatment
systems . The entire house, and a large portion of the lot above the OHWL, are within the 200 foot lake
setback. Without moving the house 60 feet to the west, it is difficult to meet that lake setback.
Chapter One of the Development Code (Section 13.3) notes the rules and regulations for nonconforming
buildings and structures. Since this structure is already non-conforming to the lake setback , and said
alteration would exceed the appraised value by 50%, a variance is triggered.
The Shoreland Ordinance also c overs requirements for wetlands. Different wetlands have different
setback requirements. The issue with the potential wetland indicated by the NWI is that the
nonconforming house on the site could be within a required setback location from a wetland along with
the setback from the lake.
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ACTION REQUESTED
The request at this time is to table the request until a determination on the extent of wetlands on the site
can be made.