4.a Draft minutes 05-04-2021 Planning Commission
May 4, 2021
The Scandia Planning Commission held their regular monthly meeting on the above date with
modifications. Due to the health advisory issued by the State regarding the COVID-19 outbreak,
to avoid public gatherings and limit social contact, the meeting was conducted over an electronic
platform. All Planning Commissioners, staff, and participants who joined the meeting remotely
could hear each other and contribute to discussions. City Administrator Cammilleri and City
Clerk Eklund were present at City Hall. Cammilleri was the presenter and displayed the meeting
materials for participants to view on their remote screens.
Chair Travis Loeffler called the meeting to order at 7:04 p.m. The following were participants to
the meeting: Commissioners Greg Amundson, Jan Hogle, Perry Rynders, Dan Squyres and Chair
Travis Loeffler. Staff present: City Planner Evan Monson, City Administrator Ken Cammilleri,
City Clerk Brenda Eklund. Council member Jerry Cusick was also present.
PUBLIC FORUM
Dan Squyres asked how the new pavement on 220th Street would be protected from damage due
to heavy equipment and machinery. Administrator Cammilleri stated that the new pavement has
a thicker road base, and speed signs posted to slow traffic.
APPROVAL OF AGENDA, MINUTES
Amundson, second by Rynders, moved to approve the agenda as presented. Motion
unanimously carried by roll call vote.
Hogle, second by Rynders, moved to approve the April 6, 2021 minutes as presented.
Motion unanimously carried by roll call vote.
Rynders, second by Amundson, moved to approve the April 14, 2021 minutes of the Joint
Work Session with City Council as presented. Motion carried 3-0 by roll call vote, with
Hogle and Squyres abstaining due to their absence from the meeting.
PUBLIC HEARING: VARIANCES FROM ZONING REQUIREMENTS TO REPLACE
A SEPTIC SYSTEM, TO CONSTRUCT A DECK, STAIRS AND DETACHED GARAGE
AT 13260 182ND STREET NORTH. DAN AND MELISSA POTTER, APPLICANTS. PC
RESOLUTION NO. 2021-06
Dan and Melissa Potter are proposing improvements to their property at 13260 182nd Street, a
half-acre parcel on the south side of Big Marine Lake. The changes include a new septic system,
a new detached garage, and adding onto an existing deck located on the northeast corner of the
house. The new septic system would be within the 20’ setback from the west property line. The
existing house and its deck are within the 100’ lake setback and the 20’ side setback. The
proposed deck and stairway addition would be 50.2’ from the OHWL and the steps within 3.3’
from the east property line. The proposed garage would replace a small shed, and be located
within the 40’ front setback from the road right-of-way and the 20’ setback from the west
property line. The applicant’s survey showed the garage at 13.3’ from the road and 10’ from the
property line. As proposed, the improvements calculate lot coverage of 30%, requiring a variance
from the maximum allowed lot coverage of 25%.
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Scandia Planning Commission
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Planner Monson summarized the staff report and noted the comments from the City Engineer
and Carnelian-Marine-St. Croix Watershed. Grading permits will be needed, as well as
stormwater management plans with rain gardens, erosion and sediment control, and a buffer
declaration. Monson reviewed the application based on criteria for considering variance requests,
and concluded with findings and six conditions to approve the location of the septic system and
proposed additions to the existing deck, and noted that there could be support for the variance for
the garage and excess lot coverage if the Planning Commission adds conditions to mitigate issues
with runoff and drainage.
Chair Loeffler opened the public hearing at 7:24 p.m.
A written comment from Maria Hinz, 13000 182nd Street, was read into the record. Hinz was
opposed, writing that Scandia should uphold the rules it has in place.
Dan Potter, applicant, explained that they bought the property last July and are working with the
Watershed on minimizing any impacts due to the proposed improvements. The existing septic
system was installed in 1989 and deemed to be non-compliant per the latest standards. The
modest sized 720 square foot garage is proposed near the street due to the steep grades of the
property. Mr. Potter explained that this location would alleviate the hardship of the extremely
slippery and unusable driveway to the attached garage in the winter months. The garage would
offer off-street parking for their two vehicles. The addition of a staircase and small area to the
existing deck at the rear of the house would provide for an emergency egress/exit and area for a
grill off the kitchen, and be unobtrusive from any lake views. Potter explained that they are
mitigating the excess lot coverage with rain gardens, which more than makes up for the extra 5%
being added. Mr. Potter said that they do not want to cause any harm to the neighborhood or to
the lake.
There were no further comments and Chair Loeffler closed the hearing at 7:37 p.m.
Commissioner Squyres said approval of a variance for the septic system is a no-brainer, but the
other variance requests are a bridge too far. In his memory, the City has never approved plans
that exceed 25% lot coverage regardless of installation of rain gardens. Squyres said since there
is an existing deck and they want to add an upper deck, then the lower deck should be removed.
The Commissioners agreed to the septic variance as reasonable, but all had concerns of the other
variance requests. Chair Loeffler also stated that going over 25% lot coverage has not been
approved in past requests.
Squyres, second by Amundson, moved to recommend approval of the variance for the
septic system within the side yard setback with amendments to PC Resolution 2021-06 for
only this variance request. The motion carried 5-0 by roll call vote.
Squyres, second by Amundson, recommended denial of the variance request to exceed 25%
lot coverage for the proposed improvements to the property. The motion carried 5-0 by roll
call vote.
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Scandia Planning Commission
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The Commissioners and staff discussed with the applicants the lot coverage and setback
concerns. Staff advised that the septic approval recommendation could be sent forward to the
City Council, and the other requests tabled to allow the Potters to revise their plan rather than
formalizing the denial.
Squyres, second by Amundson, moved to rescind the motion to deny the variance to exceed
25% lot coverage. The motion carried 5-0 by roll call vote.
Hogle, second by Amundson, moved to table the variance requests for the garage and deck
with stairs to be located within setbacks and exceed lot coverage to allow the applicants
time to revise their plans. The motion carried 5-0 by roll call vote.
The recommendation to approve the variance to replace the septic system will be presented to the
City Council at their meeting on May 18, 2021.
PUBLIC HEARING: VARIANCES FROM ZONING REQUIREMENTS TO
CONSTRUCT A DETACHED GARAGE AT 12620 181ST STREET NORTH. FORREST
AND NATALIE MELCHER, APPLICANTS. PC RESOLUTION NO. 2021-07
Forrest and Natalie Melcher are proposing to construct an accessory structure on their property at
12620 181st Street, a 2.39-acre parcel. The proposed accessory structure including a lean-to has a
footprint of 2,216 square feet. A variance is needed to locate the structure within the 40’ setback
from the front property line and to be placed closer to the road right-of way than the house. The
size of the structure also exceeds what is currently allowed in the development code for parcels
between one and three acres in size, which are permitted a maximum of 1,000 square feet in size.
The applicant’s survey showed the structure to be approximately 20’ from the front lot line.
Planner Monson summarized the staff report. Based on the location of the existing house, an
accessory structure is unable to be built on most of the property without a variance, as most of
the lot is between the right-of-way and the house. The location of the septic system and the
slopes of the property limit where the structure can be built. The City Engineer provided
comments on the request, and will require a grading permit and access permit. The Watershed
District did not provide comments in time for the staff report. Monson explained that the addition
of the proposed structure on the property would still be well below the permitted impervious
surface coverage limit of 25% of the lot.
Monson reviewed the application based on criteria for considering variance requests, and
concluded with findings and seven conditions to approve variances for the location and size.
Chair Loeffler opened the public hearing at 8:32 p.m.
Arthur Miller, 12615 181st Street, said he lives across the street, has concerns of the size and
closeness to the road, and asked what the intended use of the structure will be.
Forrest Melcher, applicant, stated it will be used for residential storage and as a woodworking
shop for his hobby. He explained the inability to add onto the existing attached garage, and the
proposed location provides for minimal disturbance to the natural environment of vegetation on
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the property. A small lean-to is approximately 20’ from the street, but the structure itself will be
30’ back.
There were no further comments and Chair Loeffler closed the hearing at 8:38 p.m.
The Commissioners discussed the excess size of the proposed structure and its location. Chair
Loeffler noted the gulley running across the lot, heavy with oak trees, and this location offers the
least disturbance which he supports, but had concerns that the size is twice that allowed for this
property.
Mr. Melcher said he understands the table in the development code allows for a maximum of
1.000 square feet, but his lot is on the higher end of the 1-3 acre category with non-developed
land around them, limiting any visual impacts.
Commissioner Rynders stated that their lot is at the end of the road, and the structure would not
be out of character for the area; there is open acreage beyond them. Rynders said what the
applicant is proposing is reasonable for their property, and he doesn’t object based on individual
circumstances of the property. Commissioner Amundson agreed, and stated that the accessory
structure chart may need revising to allow larger structures for this sized property because it
makes sense.
Motion by Amundson, second by Rynders, to recommend approval of PC Resolution 2021-
07 as presented. Discussion: Squyres said the setbacks should be honored for a structure this
size, to be placed further back from the road. Administrator Cammilleri said they should be
mindful of maintaining consistency in form for neighborhood characteristics, to stick to a
consistent requirement, but could potentially refine the ordinance in the future. Amundson said
there are a variety of lots in Scandia, and circumstances play a big role in determining what’s
acceptable. By roll call vote: Amundson – yes; Hogle – no; Rynders – yes; Squyres – no;
Loeffler – no. Motion failed 2-3.
The Commissioners discussed with the applicants the procedures to continue a review of the
request. Mr. Melcher stated that he would consider a revised site plan.
Amundson, second by Hogle, moved to table the variance application for 12620 181st Street
to allow the Melchers to return with a revised plan. The motion carried 5-0 by a roll call
vote.
PUBLIC HEARING: AMENDMENT TO THE 2040 FUTURE LAND USE MAP TO
AMEND THE FUTURE LAND USE DESIGNATION FOR PARCEL ID 19.032.19.33.0005
LOCATED AT 20021 ST. CROIX TRAIL NORTH FROM GENERAL RURAL TO
RURAL COMMERCIAL. DRAFT ORDINANCE NO. 2021-04
Planner Monson explained the procedures to correct a zoning error on Parcel 19.032.9.33.0005
located at 20021 St. Croix Trail North. The property is mis-designated with both Rural
Commercial and General Rural zoning districts on the same 40.5-acre parcel. The property is
unique in that it straddles both St. Croix Trail and Oakhill Road. The business Abrahamson’s
Nursery has been operating for many years on the portion of the property east of St. Croix Trail,
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zoned Rural Commercial. The portion of the parcel west of St. Croix Trail, approximately 10
acres, are part of the vineyards and driveway to Rustic Roots Winery and zoned General Rural.
Monson’s research indicated that this property has had conflicting zoning and future land use
designations even prior to 1999.
When reviewing a request to change the future land use map designation for the winery property
to the west, the Planning Commission suggested the mis-designation of the zoning map be
cleaned up. Monson explained the process to change the parcel to all Rural Commercial in the
future land use map starts with the City but ultimately must be reviewed by the Metropolitan
Council.
Monson summarized the staff report and concluded that Rural Commercial zoning best fits the
existing use and meets the intent of the Comp Plan. An ordinance was presented with language
to amend the 2040 Future Land Use Map for this parcel to designate is as Rural Commercial
zoning.
Chair Loeffler opened the public hearing at 9:12 p.m. There were no comments and the hearing
was closed.
Commissioner Squyres stated that with this change in zoning, the residential properties adjacent
to the winery driveway would now be next to a commercial zoning district. Future uses could
change that would impact the enjoyment of their property, and said he was opposed to a zoning
change. The winery is most appropriate for the General Rural zoning that is now applied here.
Loeffler agreed that future uses across the highway could change from what is being done on the
property now.
Administrator Cammilleri explained that it’s problematic to have one parcel with differing
zoning districts, and this is the opportunity to clean up the mis-designation. Somehow this has
continued through past updates to the Comp Plan. Historically the nursery has operated on the
east side of the property, with agricultural operations to the west.
Squyres, second by Loeffler, moved to recommend denial of the ordinance to change the
2040 Future Land Use Map for PID 19.032.19.33.0005 to Rural Commercial. By roll call
vote: Amundson – no; Hogle – yes; Rynders – yes; Squyres – yes; Loeffler – yes. The
motion carried 4-1.
CONSIDER PC RESOLUTION NO. 2021-08, DENIAL OF REQUEST TO REZONE
PROPERTY AT 20168 ST. CROIX TRAIL NORTH (RUSTIC ROOTS WINERY) FROM
AGRICULTURE CORE TO RURAL COMMERCIAL. CONTINUED FROM APRIL 6,
2021
At the April 6 meeting, the Planning Commissioners denied a request from the Sandagers to
rezone their property that operates the Rustic Roots Winery from Ag Core to Rural Commercial,
which could allow for a future brewery use on the property. A formal resolution was presented to
encapsulate the findings and formalize the denial for a recommendation to the City Council.
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Squyres, second by Hogle, moved to recommend PC Resolution No. 2021-08, Denial of an
amendment to the future land use map in the 2040 Scandia Comprehensive Plan for 20168
St. Croix Trail North. By roll call vote: Amundson – no; Hogle – yes; Rynders – yes;
Squyres – yes; Loeffler – yes. The motion carried 4-1.
The recommendation to deny the request to rezone the winery property will be presented to the
City Council at their May 18, 2021 meeting.
ITEMS FOR FUTURE AGENDAS – NEXT MEETING JUNE 1, 2021
Chair Loeffler reviewed the Council actions to the Commission’s recommendations from their
April 6th meeting. The Council requested more research and information to clarify concerns of
the amended temporary farm dwelling ordinance. Administrator Cammilleri explained that the
Council is looking for a higher level of detail for better enforcement control, wastewater
disposal, different housing types and terms of the permit. Staff will be working on this research
for further discussion at the May 18th Council meeting,
ADJOURNMENT
Squyres, second by Hogle, moved to adjourn the meeting. Motion carried unanimously by
roll call vote.
The meeting adjourned at 10:15 p.m.
Respectfully submitted,
Brenda Eklund
City Clerk