6.b Staff Report-Melcher Variance
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Memorandum
To: Scandia Planning
Commission
Reference: Melcher Variance Application
Copies To: Brenda Eklund, Clerk
Ken Cammilleri, City
Administrator
Forrest and Natalie Melcher,
Applicants
Project No.: 18108.000 Melcher Variance
From: Evan Monson, Planner Routing:
Date: April 27, 2021
SUBJECT: Variances to: construct a detached garage within the front yard
setback and closer to the right-of-way than the house, and to
construct an accessory structure exceeding the requirements
permitted for parcels between 1 and 3 acres in size
MEETING DATE: May 4, 2021
LOCATION: 12620 181st St N, PID 33.032.20.44.0004
APPLICANT/OWNER: Forrest and Natalie Melcher
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 requesting to build a detached accessory structure on the southeast corner of
their property. The structure would be 48 feet by 42 feet, with a 10 feet by 20 feet lean-to on the
southeast side of the structure. The structure would need an access from 181st Street North,
which terminates here.
The proposed accessory structure (including the lean-to) has a footprint of 2,216 square feet.
The structure is proposed to be placed a minimum of 20 feet from the front property line. It
would also be closer to the road right-of-way (ROW) than the house on the property. The size of
the structure would also exceed what is currently permitted in the Development Code for parcels
between one and three acres in size. These three issues trigger a variance, hence the request
from the applicant.
Melcher Variance Staff Report May 4, 2021
Scandia Planning Commission Page 2
PROPERTY INFORMATION
Parcel description: 12620 181st Street North is located on the south side of the city, south of
Big Marine Lake in the Hardwood Hills subdivision. There are a number of waterbodies near the
property, so the area is within the Shoreland Overlay zoning district. No waterbodies or
wetlands are within close proximity of the parcel, though. The parcel is approximately 2.39 acres
in size, which makes it nonconforming to the minimum lot sizes required in the applicable zoning
districts. The impervious surfaces on the lot total less than 10% of the property. An existing
house with an attached garage is located on the far northeast corner of the lot, with the septic
system located to the west. The lot slopes from the northeast and southwest corners down
towards the center of the lot. The lot is wooded apart from a small clearing near the road; this is
the proposed location of the new accessory structure.
Figure 1: Aerial of the property
Zoning: GR, Shoreland Overlay
Land use: Single-Family Residential
Melcher Variance Staff Report May 4, 2021
Scandia Planning Commission Page 3
EVALUATION OF VARIANCE REQUEST
Applicant’s Explanation of the Plan and Variance Request
“We are requesting permission to construct an accessory structure on our property. Due to the
placement of the principal structure on the lot, and location of septic system and utilities, it
would be impossible to be as far from the right of way as the principal structure, as required in
the zoning ordinance. In addition to this, the principal structure is already non-compliant with
current setback requirements, and adding onto this could only further infringe upon the
requirements which we would like to respect. Please see attached site plan for illustration and
details. The proposed location would be minimally disruptive to the natural slope and drainage,
as well as adjacent properties. It would be compliant with all required setbacks in the zoning
ordinance. Please also note the location of the property at the dead end of 181st Street North
and absence of any residences in close proximity. We love this community and truly believe this
would not cause any significant disturbance. Thank you for your consideration.”
Staff Comments on the Variance Request
Engineer
The City Engineer provided the following comments regarding the request.
If new driveway access is requested, Driveway access permit will be required
through Public Works and potentially require a driveway culvert to be installed along
with some potential ditch grading.
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.
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.
Verify proposed finish floor elevation of the new garage and show on final plans.
Watershed
There was no comments received from the watershed at the time of this staff report.
DNR
The East Metro Area Hydrologist did not provide comments at the time of this staff report.
Melcher Variance Staff Report May 4, 2021
Scandia Planning Commission Page 4
Development Code
The front setback for the GR zoning district is 40 feet, as noted in Chapter Two, Section 2.6(7).
The rear setback for this zone is 50 feet, while the side setback is 20. The proposed accessory
structure is located at a minimum 20 feet from the front property line along the ROW, so a
variance is necessary to build at such a distance. The existing house is located within the rear
setback, and is approximately 17 feet from the east side setback.
The Development Code notes in Chapter Two, Section 3.2 the standards for accessory
structures. Section 3.2(2)(B) notes that no accessory structure is able to be closer to the road
right-of-way (ROW) than the principal structure on a lot unless a number of criteria and all
setbacks are met. Based off the location of the existing house (the principal structure), an
accessory structure is unable to be built on most of the property, as most of the lot is between
the ROW and the house. Building the proposed detached structure to the side or the rear of the
house could likely need a variance, given the location of the house relative to the side and rear
setbacks. There is space to the west of the house, though this is where the septic system is
located. Further west the lot slopes down, so significant grading and removal of trees would be
needed to build an accessory structure over there that meets setbacks and is no closer to the
ROW than the house.
The proposed structure would total 2,216 square feet in size. The Development Code notes in
Section 3.2 the permitted square feet and number of accessory space permitted for parcels
based off the size of the lot. Since this parcel is 2.39 acres in size, it is limited to one structure
totaling 1,000 square feet in size. The proposed request would exceed that threshold. The
property, with the addition of the proposed accessory structure would still be well below the
permitted impervious surface coverage limit of 25% of the lot.
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 does identify the area as having ‘outstanding ecological
quality’; the proposed location within the front setback would be less intrusive than other
conforming spots on this property. 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 this
Melcher Variance Staff Report May 4, 2021
Scandia Planning Commission Page 5
variance request is approved. 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 current house being nonconforming, as well as
the location of the existing septic system. Based off the current code requirements, this
proposed structure would need to be to the side or rear of the house. This is difficult to
do without a variance of some kind, based off the location of the house and septic. 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 use and function of the property would remain residential, as is the use of other
nearby lots in the area. The roadway terminates near where the structure would be built.
The addition of a new structure may stand out, as not many buildings are within clear
view of the right-of-way, though given its use and the area’s limited traffic, it should not
alter the character of the neighborhood. Granting the variance 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 principal structure not meeting the
current setbacks required by 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 still be single-family residential, so increases to congestion,
fire danger, or public safety are not expected. The property values of neighboring values
should 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.
Many of the locations that would be to the rear and side of the existing principal structure
are either also within setback areas, or are already occupied. A conforming accessory
structure could be built in the northwest corner of the lot, though it is not an ideal location
due to slopes and needing to clear the area of trees. The requested variance appears to
be the minimum action required to eliminate the practical difficulty.
Melcher Variance Staff Report May 4, 2021
Scandia Planning Commission 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 the requested variances.
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 variances to
construct a detached garage within the front yard setback and closer to the right-of-way than the
house, and to construct an accessory structure exceeding the requirements permitted for
parcels between 1 and 3 acres in size, at 12620 181st Street North. The following conditions for
the variances are recommended:
1. The proposed detached accessory structure shall be no closer than 20 feet from the
front property line, and shall not exceed 2,216 square feet in size.
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 drainage is not directed to adjacent properties and proper erosion control
measures are taken.
4. A driveway access permit shall be acquired from the City.
5. Finished floor elevations for the proposed structure shall be shown on final plans.
6. The applicant shall secure any other applicable Federal, State, County, and local
permits required for the project.
7. The applicant shall pay all fees and escrows associated with this application.