8.b2c Resolution No. 2021-13 Smith Variance
CITY OF SCANDIA, MINNESOTA
CC RESOLUTION NO. 2021-13
APPROVING VARIANCES FOR PARCEL 19.032.19.43.0002
LOCATED AT 20033 QUINNELL AVE NORTH
WHEREAS, Craig Smith and Merritt Clapp-Smith have made an application for
Variances from the standards for accessory dwelling units, raising the roofline of a substandard
structure, and altering a nonconforming structure, in order to add onto and alter an existing cabin
on property identified as PID 19.032.19.43.0002; and
WHEREAS, the property is legally described as follows:
PT GOV LOT 8 & 193219 PT OF SE1/4 OF SW1/4 ALL THAT PART OF GOV LOT 8
& THE SE1/4 OF SW1/4 SEC19 T32R19 COM AT THE 1/4 SEC COR ON THE S LINE
OF SD SEC 19 THENCE W ON SD S LINE 162.70 FT TO THE ELY LINE OF THE PT
DOUGLAS & TAYLORS FALLS RD THENCE N12DEG.E ON SD ELY LINE 272.40
FT THENCE S70DEG.20'E 112.90 FT THENCE N46DEG.55'E 80.33 FT THENCE
N25DEG.30'E 72.10 FT THENCE N62DEG.44'E 64.50 FT THENCE N43DEG.39'E
87.60 FT THENCE N83DEG. 18'E 186.10FT THENCE S66DEG.44' E 294.53 FT
THENCE S 87DEG.47'E 176.10 FT THENCE N84DEG.33'E TO THE WLY BANK OF
THE ST CROIX RIVER THENCE SLY ON SD WLY BANK TO ITS INTERSECTION
WITH THE S LINE OF SD SEC 19 MONUMENTED THENCE WLY ON SD S LINE
TO A PT WHICH IS 607.98 FT ELY OF THE SD 1/4 SEC COR OF SD SEC 19
MEASURED ON SD MONUMENTED LINE THENCE S72DEG.01'W 170.77 FT
THENCE S89DEG.06'W 443.76 FT TO THE PLACE OF BEG SECTION 19
TOWNSHIP 032 RANGE 019
WHEREAS, the Planning Commission reviewed the request for Variances at a duly
noticed Public Hearing on April 6, 2021, and recommended that the City Council approve the
variances with conditions;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should
and hereby does approve variances from the standards for accessory dwelling units, raising the
roofline of a substandard structure, and altering a nonconforming structure, in order to add onto
and alter an existing cabin at 20033 Quinnell Ave North, based on the following findings:
1. The Comprehensive Plan notes that viewsheds (views from the river) should be
considered and protected with regards to structures in the St Croix River 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
CC Resolution No.: 2021-13
Page 2 of 3
from the river or impact the use of the river. The proposed plans are in general
harmony with the Comprehensive Plan and Development Code.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. The variance is not related to a need for direct sunlight for solar energy systems.
FURTHER BE IT RESOLVED that the following conditions of approval shall be met:
1. The proposed alterations to the existing cabin shall follow the setbacks indicated on the
survey reviewed with this request.
CC Resolution No.: 2021-13
Page 3 of 3
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 Washington 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.
Adopted by the Scandia City Council this 20th day of April, 2021.
_________________________________
Christine Maefsky, Mayor
ATTEST:
_________________________________
Ken Cammilleri, City Administrator