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8.b2b Staff Report Smith Variance TKDA | 444 Cedar Street Suite 1500 | Saint Paul, MN 55101 651.292.4400 • tkda.com An employee -owned company promoting affirmative action and equal opportunity. Memorandum To: Scandia City Council 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: April 15, 2021 SUBJECT: Variance to alter and add onto a nonconforming structure within the bluff setback MEETING DATE: April 20, 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 Smith Variance Staff Report April 20, 2021 Scandia City Council Page 2 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 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 slopes and 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 Smith Variance Staff Report April 20, 2021 Scandia City Council Page 3 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 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 established 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 Smith Variance Staff Report April 20, 2021 Scandia City Council Page 4 river or any water course tributary to the river. The location 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. 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). Smith Variance Staff Report April 20, 2021 Scandia City Council Page 5 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.  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 eliminate the practical difficulty. Smith Variance Staff Report April 20, 2021 Scandia City Council Page 6  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 Scandia City Council can do one of the following: 1. Approve 2. Approve with conditions 3. Deny with findings 4. Table the request RECOMMENDATION The Planning Commission recommended 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 were 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. 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.