5.b Staff report- Potter Variance
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Memorandum
To: Scandia Planning
Commission
Reference: Potter Variance Application
Copies To: Brenda Eklund, Clerk
Ken Cammilleri, City
Administrator
Dan Potter, Applicant Project No.: 18108.000 Potter Variance
From: Evan Monson, Planner Routing:
Date: April 27, 2021
SUBJECT: Variances to: exceed the requirements for residential accessory
structures, construct a detached garage within the front and west side
yard setbacks, construct a septic system within the west side yard
setback, construct a deck and stairs within the lake side setback, and
to have an impervious surface coverage for the lot exceed 25%
MEETING DATE: May 4, 2021
LOCATION: 13260 182nd St N, PID 3303220440004
APPLICANT/OWNER: Dan Potter
ZONING: General Rural (GR), Shoreland Overlay
REVIEW PERIOD: May 14, 2021, 120-day July 13, 2021
ITEMS REVIEWED: Application and plans received March 15, 2021
DESCRIPTION OF THE REQUEST:
The applicant is looking to make some changes to their existing property located on the south
side of the city along Big Marine Lake. The proposed changes would include a new septic
system, a new detached garage, and adding onto an existing deck located on the northeast
corner of the house.
The lot itself is nonconforming, as it is not meeting the minimum lot size for either the GR or
Shoreland Overlay zoning districts. The existing house and its deck do not meeting minimum
setbacks from the east side property line and the ordinary high water level (OHWL) of the lake,
so they are nonconforming. The existing septic system is partially located within the west side
setback; the new system would occupy a similar location. An old shed is located within the front
and east side setbacks; the proposed detached garage would occupy this spot.
Potter Variance Staff Report May 4, 2021
Scandia Planning Commission Page 2
As proposed currently, the improvements would result in the lot exceeding the impervious
surface coverage limit of 25% by just over 5%. In order to exceed the 25% threshold, a variance
is needed. The existing deck is nonconforming, so the additions to it require a variance. The lot
already has an existing attached garage, so a new accessory structure would exceed both the
number of and square footage permitted for a lot under one acre in size. The new septic system
being located within a setback would also trigger a need for a variance.
PROPERTY INFORMATION
Parcel description: 13260 182nd Street North is located on the south side of the city along the
Big Marine Lake. The parcel has 19,632 square feet of land located above the ordinary high
water level (OHWL), which makes it nonconforming to the minimum lot sizes required in the
applicable zoning districts. The lot slopes down towards the river from the right-of-way. An
existing house, not meeting the lake or east side setbacks, is currently located on the site. The
location of the proposed detached garage are currently occupied by a garden and an old shed.
Zoning: GR, Shoreland Overlay
Land use: Single-Family Residential
EVALUATION OF VARIANCE REQUEST
Applicant’s Explanation of the Plan and Variance Request
“We recently purchased our home (July 2020) on 182nd Street in Scandia along the SE bay of
Big Marine Lake. We are excited to be part of this Scandia lakeside neighborhood and intend to
make this home our primary year round residence and our future retirement home. As required
for the purchase of the property, the septic system, which was installed in 1989 when the home
was built, was inspected and deemed non-compliant per the latest standards. Therefore, we are
submitting this application to replace the existing septic system with a new sub-surface sewage
treatment system. The new system design incorporates the latest technology including a time
dosed delivery offering the best protection methods to protect the groundwater and surrounding
wetlands.
Also, as part of this application, we wish to add a new detached 2-car garage that offers an off-
street parking area. We have found during the winter months that the driveway becomes
extremely slippery and dangerous due to the steep grade making the current garage unusable
at times. We feel a modestly sized garage as proposed will alleviate this hardship and we intend
to take reasonable measures to minimize impervious surface impact and direct as much run-off
as feasible away from the lake.
Finally, we wish to add a staircase with a small addition to an existing deck at the rear of the
house to provide for an emergency egress/exit and area for a grill/table off the kitchen of the
house. Currently the only entrance/exit on the main floor of the house is the front entrance on
the south side at grade level. This exit is also near the inside staircase to the lower level of the
house. Due to the steep slope of the property a staircase would be required off of the main floor
on the north side of the house to get to grade level. There is a currently an exterior door and
Potter Variance Staff Report May 4, 2021
Scandia Planning Commission Page 3
small deck at the NE corner of the house that would be utilized to provide a second exit from the
upper level in case of an emergency.
We believe this request is reasonable and that the proposed changes fit within the character of
the neighborhood. We believe the septic system is well thought out and properly designed for
the property. Also, there are currently multiple detached garages in the neighborhood and many
more significant lakeside decks and staircases throughout the neighborhood. We would
appreciate your approval of our application as proposed. Thank you for your consideration of
our application.”
Staff Comments on the Variance Request
Engineer
The City Engineer provided the following comments on this request:
Street culvert elevation needs to be verified on which way drainage flows. If it does
not flow south proposed improvements should not be approved. With additional
imperious area the area along the road and existing fence parallel to 182nd Street N
really needs to establish a ditch if proposed improvements are approved.
Construction of garage or ditching needs may require relocation/removal of fence.
Placing a permanent structure within front setback could create future ongoing
issues. City won’t be responsible for any building damage or flooding and
recommend also executing an encroachment agreement if garage is approved as is.
If garage is shifted further north outside setback requirements still recommend to
complete some ditching along roadway.
Proposed deck being located less than 4 feet from property line could create
drainage issues onto adjacent property and or liability issues. Information provided
is hard to review specific area and a site visit shall be completed by the Planning
Commission to review closer.
Site improvements shall be within compliance of the Watershed District. Stormwater
management improvements shall be anticipated as conditions of approval for their
permit.
Proposed improvements will result in loss of some tree canopy and discussion on if
tree replacement plan should occur to show tree replacements on the final plans if
required.
Proposed project will disturb fifty (10) cubic yards or more and/or disturbance of 600
square feet or more, thus a grading permit will be required. Should be anticipated a
lot of grading will be needed along the septic tanks side lot line to ensure drainage
does not discharge onto adjacent property.
Soil piles and exposed vegetation areas must be contained with erosion control
devices, including multi rows of erosion control considering how steep the slopes are
on this site.
Temporary restoration may be required to contain any erosion. Upon completion of
the grading, site restoration shall be completed as soon as possible.
Septic system will be permitted by Washington County.
Potter Variance Staff Report May 4, 2021
Scandia Planning Commission Page 4
Verify slope of driveway being proposed on new garage, does this garage need a full
width driveway?
o This would be an easy place to remove the full width to reduce impervious area.
o Also could the small existing shed in the north be removed with the new
proposed large garage to reduce impervious area?
Watershed
The CMSCWD noted the following would need to be done in order for a watershed permit to be
issued:
Stormwater management - A stormwater management plan with BMPs. This can be
incorporated from the conversation we had about raingardens and the potential
placement of a raingarden. The BMPs should be sized based on the total impervious like
we previously discussed. The stormwater management plan should include how
stormwater will be routed to the BMPs and how the BMPs will be constructed. I’ve
attached the CMSCWD’s guidance document for raingarden construction in case that is
helpful, as we’ve discussed that as an option for you previously.
Erosion and sediment control - An erosion and sediment control plan for construction on
the site. This includes: silt fence, bio logs, a rock construction entrance, protection of
BMPs, revegetation plans for disturbed areas (usually grass seed or sod), and the
construction sequence.
Marking of the lake buffer (approximately 29 ft.).
Submittal of additional permit application fee ($250) to cover buffer requirements.
Confirmation of approval of variance request from City of Scandia.
A draft Declaration for Maintenance of Stormwater Facilities (not signed or notarized).
A draft Buffer Declaration.
DNR
The East Metro Area Hydrologist did not have any comments at the time of this staff report.
Development Code
The Development Code notes in Chapter Two, Section 2.6 the setbacks for the General Rural
(GR) zoning district. The side setbacks are 20 feet, while the front setback is 40 feet. The
Shoreland Management Regulations, Chapter Five of the Development Code, note the setback
from the OHWL of a ‘recreational development’ lake is 100 feet. The existing house is within the
lake setback and the side setback, meaning a variance is necessary for the proposed addition
to the existing deck. The house is currently 58.7 feet from the OHWL; the additions to the deck
would be at a minimum 50.2 feet from the OHWL. The house currently sits just over 8 feet from
the east side property line; the steps would at a minimum be 3.3 feet from the east side property
line. The proposed septic system would be within the 20 foot setback from the west side
property line. The Shoreland Management Regulations require a setback of 75 feet from the
OWHL of ‘recreational development’ lakes; which this system would meet.
Potter Variance Staff Report May 4, 2021
Scandia Planning Commission Page 5
There is an existing shed and garden near the spot of the proposed detached garage. The shed
is within both the west side and front setback; the proposed garage would be set back a few feet
further from the property lines than the existing small shed.
The Shoreland Management Regulations limit the impervious surface coverage of lots in the
Shoreland Overlay to 25% of the lot. Currently, the lot is at 23.3%, though the proposed
improvements would bring the lot to an impervious surface coverage of 30.0%. The small size of
the lot (19,632 square feet) means any additions or improvements with an impervious surface
add up quickly.
Proposed Size (in square feet)
Detached Garage 720
Driveway 490
Deck 200
Total proposed 1,410
Existing Impervious surfaces 4,465
Proposed + Existing 5,892
Lot Size 19,632
The proposed detached garage would also exceed the square footage and number of
accessory structures permitted for a parcel under one acre, as the existing attached garage is
484 square feet in size.
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.
Due to its existing location, any additions to the deck require a variance. The proposed
new septic system would meet all other requirements, apart from the 20 foot setback
from the side property line. The proposed garage would exceed the current requirements
of the Development Code. Combined, the proposed improvements would exceed the
maximum threshold of impervious surfaces on one lot. The project would require
extensive work to mitigate issues with drainage, stormwater, and erosion control.
Conditions for approval should be considered to meet the Comprehensive Plan land use
objective of ‘conducting development in a manner that is sensitive to the impact upon
natural features and to environmental constraints, including but not limited to scenic
views, surface water, wetlands, slopes, woodlands, vegetation, drainage ways,
shorelands, and flood plain areas’. The Planning Commission should have conditions of
Potter Variance Staff Report May 4, 2021
Scandia Planning Commission Page 6
approval to ensure the request is 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).
The current use of the property is single-family residential, which would not change if
these variance requests are approved. The property is in the GR and Shoreland overlay
zoning districts, which permit single-family residential use. Proposing to continue to use
the property for residential use is a reasonable use.
The practical difficulties are not caused by the landowner and are unique to the property.
The practical difficulties are due to the lot and house being nonconforming. The lot itself
does not meet the minimum lot size, or buildable area (1 acre) requirements of the
underlying zoning district and the overlay. These nonconformities were not created by
the landowner. This lot was legally created long before the current regulations were
adopted, as was the house. 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 variances would be for an addition to an existing deck, a new detached
garage, a new septic system, and exceeding the impervious surface coverage of the lot.
The new septic system would be necessary to meet modern standards, and would not
differ from systems found throughout the area. The use and function of the property
would remain residential, as is the use of other nearby lots in the area. The additions to
the existing deck on the house are small. Due to the existing location, any such changes
will be located within a setback area. It is unlikely these additions would alter the
character of the neighborhood.
As a result of the placement of the septic system, the new detached garage would be
located within the front setback area. This location is already occupied by an existing
small shed. Replacing the small shed with a detached garage may stand out, but would
not be abnormal, as some developed lakeside lots have detached accessory structures
located in or near the front setback. Having a high percentage of the lot as impervious
surface areas is an issue that will require proper work be done to prevent runoff from
impacting other properties. Without proper mitigation, runoff can cause issues that would
alter the character of the area.
The Planning Commission should have conditions of approval to ensure the request
would not alter the essential character of the area.
Potter Variance Staff Report May 4, 2021
Scandia Planning Commission Page 7
Economic conditions alone shall not constitute practical difficulties.
The practical difficulties are related to the existing structure not meeting the current
setbacks required by the code, and the existing lot being nonconforming. 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 still be single-family residential, 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.
Given the size of the lot, and the location of the house, it would be hard to find an
acceptable location for the new septic system that isn’t within a setback area. It would
appear the proposed location is the most minimal action required.
The existing deck and house are nonconforming to current setback requirements, which
result in any addition needing a variance. The proposed addition of the deck to extend
out and have stairs is not a large addition. A reduced intrusion into the lake setback
could be made, though any other locations for stairs off the deck would likely trade an
intrusion into the side setback for a further intrusion into the lake setback.
The requested variance for the detached accessory structure to be within the front yard
setback is due to the location of the proposed septic system. Apart from reducing the
size of the structure, there are few alternative actions that would be more minimal. A
reduction in the size of the structure would be a more minimal action in regards to the
impervious surface area of the lot, though, along with reducing the length of the
driveway.
The requested variance for the septic system is the minimum action required to eliminate
the practical difficulty. The requested variances for the addition onto the existing deck
appear to be the minimum actions required. The variances requested for the detached
accessory structure and the impervious surface coverage of the lot could be reduced if
changes to the current site plan are made.
Potter Variance Staff Report May 4, 2021
Scandia Planning Commission Page 8
Practical difficulties include, but are not limited to, inadequate access to direct sunlight
for solar energy systems.
The variances are not related to a need for direct sunlight for solar energy systems.
The findings support granting a variance for the location of the septic system and the proposed
additions to the existing deck. The findings could support the variance for the garage and
exceeding the impervious surface coverage if the Planning Commission adds conditions to
mitigate issues with runoff and drainage.
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
STAFF RECOMMENDATION
If the Planning Commission finds the requests should be approved, the following conditions of
approval for the variances are recommended:
1. The proposed improvements to the property 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 shall be
turned into the City.
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.