6b. PC Staff Report - Smith Variance
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Memorandum
To: Scandia Planning Commission Reference: Smith Variance Application
Copies To: Brenda Eklund, Clerk
Ken Cammilleri, City
Administrator
Craig Smith and Merritt Clapp-
Smith, Applicants
Project No.: 18108.000 Smith Variance
From: Evan Monson, Planner Routing:
Date: March 30, 2021
SUBJECT: Variance to alter and add onto a nonconforming structure within the bluff
setback
MEETING DATE: April 6, 2021
LOCATION: 20033 Quinnell Avenue North, PID 1903219430002
APPLICANT: Craig Smith and Merritt Clapp-Smith
ZONING: Agriculture Core (AG C), St Croix River Overlay
REVIEW PERIOD: May 8, 2021, 120-day July 7, 2021
ITEMS REVIEWED: Application and plans received March 9, 2021
DESCRIPTION OF THE REQUEST
The applicant is looking to fix up and add a loft to an existing cabin on their property. The property is
located along the St Croix River, and currently has the existing cabin and a house. Under our ordinances,
the cabin is able to be permitted as an Accessory Dwelling Unit (ADU).
The cabin currently is fully located on a bluff. The City has adopted Chapter 5 of the Washington County
Development Code, the Lower St Croix River Bluffland and Shoreland Management Regulations. These
regulations apply to lots within the city that are in the St Croix River overlay district. The chapter has a
number of regulations and requirements. One is in regards to structures being set back from a bluff line
(top of a bluff). The slope of the lot towards the shore is steep enough that it has a bluffline. Structures
are then required to be setback a set distance, 40 feet, from the bluffline. Since the cabin is not meeting
that setback, it is a substandard, or nonconforming structure. A substandard structure in Chapter 5 of the
County Development Code cannot be raised in elevation or roofline; the proposed project would raise the
roofline of the cabin, hence a need for a variance.
Since the cabin is able to be permitted as an ADU under the City’s zoning ordinances, it must meet the
requirements for an ADU. Since it is nonconforming to the bluffline setback, it is a not meeting all required
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setbacks, and would need a variance. Since the structure is nonconforming, and the project value
exceeds 50% of the assessed value of the structure, an additional variance is required.
PROPERTY INFORMATION
Parcel description: 20033 Quinnell Avenue North is located along the St Croix River. The parcel is
approximately 9.29 acres in size. The parcel is wooded, with some flat areas near the road. The land then
turns into a bluff, before sloping its way to the shoreline. There is a small creek north of the lot that
meanders to the river, and wetlands near the shoreline of the river. The house and cabin occupy the site,
along with two accessory structures. The house and cabin are not currently used year-round; the
proposed project would allow the cabin to be used in the winter.
Zoning: Agriculture Core (AG C), St Croix River Overlay
Land use: Single-family residential
EVALUATION OF VARIANCE REQUEST
Applicant’s Explanation of the Plan and Variance Request
Included with the meeting materials are the narrative provided by the applicants.
Staff Comments on the Variance Request
Engineer
The City Engineer provided the following comments during the review of the variance:
Site improvements shall be within compliance of the Watershed District and National Parks
Service.
No tree removal is planned.
Erosion control best practices shall be installed and maintained during the construction.
Septic system/drain field will be permitted by the authority of Washington County. With expansion
of housing Washington County shall review current system meets current permit standards.
Watershed
The Carnelian Marine St. Croix Watershed District provided the following comments:
Rule 2 Stormwater Management – Site is within 1,000-ft of the St. Croix River. Land disturbance
of 5,000 square feet along with creation of new impervious surface triggers stormwater
management. Stormwater management BMPs should be sized in compliance with the District’s
Small Residential Project Stormwater Worksheet. A stormwater declaration would also be
required for maintenance of stormwater BMPs. Clay soils on site (HSG D) prevent infiltration –
use of filtration BMPs is recommended. Since the addition disturbs less than 50% of existing
impervious (2nd floor addition excluded from calculation), stormwater management is only
required for new and reconstructed impervious surfaces.
Rule 3 Erosion Control – An erosion/sediment control plan will be required, which should include
silt fence or silt logs downstream of disturbed areas, a rock construction entrance, construction
sequencing, and revegetation details.
Rule 4 Buffers – Given a variance from bluff setback, Rule 4.0 applies. Total buffer width for the
St. Croix River 100-ft from the bluff line. A Management Category 1 wetland is located at the base
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of the bluff and requires a 100’ buffer. The cabin is within the buffer for the St. Croix River and
outside the buffer for the wetland. The existing structure does not conform to local setback
requirements. If it is not required to be brought into conformance, then the buffer width can be
reduced to 50% of the distance between the structure and the bluff line under exception 4.9.4.
However, since the structure is past the bluff line, that distance would be zero. Given these
circumstances it is our recommendation that the St. Croix buffer be est ablished along the bluff
line, jogging east around the existing structure and 100-ft from Clapp’s Stream.
A buffer declaration will be required, along with buffer signage, and restoration of vegetation
(areas that are disturbed by construction, have invasive species, bare soil, or turf grass) per Rule
4.0.
Rule 8 Wetland Management – Not applicable. A manage 1 wetland is located at the bottom of
the bluff, but will not be impacted by the proposed project.
DNR
The Department of Natural Resources provided the following:
The East Metro Area Hydrologist did not have any issues with the request.
NPS
The National Park Service also reviews development within the St Croix River overlay district to ensure
federal requirements are met. NPS staff did not have any issues with the proposed request.
Development Code
The City has adopted Chapter 5 of the Washington County Development Code (the Lower St Croix River
Bluffland and Shoreland Management Regulations) for the rules and regulations for our St Croix overlay
district. This chapter has setbacks from the OHWL of the river, and from any blufflines. These are meant
to help preserve the views and recreational use of the river. This chapter defines a bluffline as “a line
along the top of a slope connecting the points at which the slope, proceeding away from the river or
adjoining watershed channel, becomes less than twelve (12) percent and it only includes slopes greater
than twelve (12) percent visible from the river or any water course tributary to the river. The lo cation of the
bluffline for any particular property shall be certified by a licensed land surveyor or identified by the zoning
administrator.”
The surveyor identified a bluffline on the site on the submitted survey; said bluffline runs through the
existing house and is east of the cabin. Chapter 5, Section 4.2 of the Washington County Development
Code lists the setbacks required. An ‘urban district’ requires a 40 foot setback from a bluffline for septic
systems and buildings. The cabin is past the bluffline and on the bluff, so it is not meeting the 40 foot
setback. Since it was built prior to the adoption of the current rules, it is defined in this chapter as a
substandard structure. Substandard structures have specific provisions set in Chapter 5, Section 6.1 of
the Washington County Development Code. One of those requirements (Section 6.1(3)(D)) notes that
substandard structures shall not be raised in elevation or roofline. Since this project would involve
increasing the roofline, a variance is required.
The cabin can be permitted administratively as an ADU, which is covered in Chapter Two, Section 4 of
the City’s Development Code. ADUs are required, per Section 4.2(5), to meet the same setbacks as the
principal structure (the house). Since the cabin does not meet the bluffline setback, a variance is
necessary to permit it as an ADU.
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The Development Code notes in Chapter One, Section 13.3(1) that lawful nonconforming structure which
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. Since the structure is nonconforming to the setbacks in the
Lower St Croix River Bluffland and Shoreland Management Regulations adopted by the City’s
Development Code, and the project value exceeds 50% of the assessed value of the structure, an
additional variance is required.
Variance Criteria and Findings
Chapter One, 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 notes that viewsheds (views from the river) should be considered and
protected with regards to structures in the overlay district. The proposed alterations to the cabin
would not encroach further down the bluff or towards the river, nor would the proposed project
interfere with scenic views from the river or impact the use of the river. 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 AG C zoning district, which is guided for agriculture and single-family
residential use. These uses are also permitted within the overlay district. Keeping the property for
residential use is a reasonable use in this District.
The practical difficulties are not caused by the landowner and are unique to the property.
The practical difficulties are a result of the cabin being located past a bluffline. The structure was
built prior to the current regulations being adopted requiring such setbacks. The bluffline is not
manmade; they are naturally occurring and are not uncommon along the St Croix River. The
locations and extent of bluffs can vary from lot to lot, though. The practical difficulties of the lot
being non-conforming are not caused by the current landowner and are unique to the property.
The variances would not alter the essential character of the area.
The proposed project would be hard to notice from other properties or the right-of-way. The use
of the property would not change, as it would remain single-family residential. The cabin would be
able to be used in the winter after the proposed improvements are made; the increase in usage
would not create a negative impact to the surrounding area. The raised roof would not impact
scenic views from the river, or impact the usage of the river way. Granting the variance requests
would not alter the essential character of the area.
Economic conditions alone shall not constitute practical difficulties.
The practical difficulties are related to the existing cabin not conforming to the setback from a
bluffline as is required in the code. The practical difficulties are not only economic in nature.
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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, so increases to congestion, fire danger, or public safety are not
expected. The property values of neighboring values would not be negatively impacted, either, if
the requested variances are granted. 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.
Apart from physically moving the structure, it does not appear there is not a ‘more minimal’ action
that could be taken to eliminate the difficulty of the cabin not meeting the setback from the
bluffline. The requested variance is the minimum action required to elim inate 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 a variance to allow for the cabin nonconforming to setbacks to be permitted
as an ADU, alter a nonconforming structure, and raise the roofline of a structure not meeting the setbacks
required from blufflines.
ACTION REQUESTED
The Planning Commission can recommend to the Scandia City Council that it 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 Planning Commission recommend approval of a variance to raise the
roofline of a substandard structure, alter a nonconforming structure with the project value exceeding 50%
of the assessed value, and permitting an existing cabin not meeting setbacks to be permitted as an
accessory dwelling unit (ADU) at 20033 Quinnell Avenue North. The following conditions for the variances
are recommended:
1. The proposed alterations to the existing cabin shall follow the setbacks indicated on the
survey reviewed with this request.
2. The applicant shall secure applicable permits from the Carnelian Marine St. Croix Watershed
District, and comply with their requirements.
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3. A grading plan and erosion control plan shall be submitted to the city for review prior to
issuance of a building permit, showing any areas of soil disruption, in order to ensure that
proper erosion control measures are taken.
4. Documentation from W ashington County approving a new septic system, or confirming the
current septic system is able to remain in use.
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.