08.b2 13260 182ND ST N - ZONING - 1989 variance lake setback3 3 0 3 2 2 0 4 4 0 0 0 4
Z O N I N G *
13260 182ND ST N
59358"1
I hereby certify that the Attached Order is a true and correct copy
of the Findings of Fact and Order issued by the Washington County
Board of Adjustment and Appeals on January 26, 1989 , in response to
the variance application of Char Delmedico.
Dated: January 30, 1989
ROBERT J . LOCKYEAR
PLANNING COORDINATOR
By:
ennis 'Donn 11
Planner
J -
STATE OF MINNESOTA WASHINGTON COUNTY BOARD
COUNTY OF WASHINGTON OF ADJUSTMENT AND APPEALS
In the Matter of the Variance Request of:
FINDINGS OF FACT AND ORDER
Char Delmedico, GRANTING VARIANCE AS TO
LAKE SETBACK REQUIREMENT,
Applicant. LAKE FRONTAGE REQUIREMENT,
ROAD FRONTAGE REQUIREMENT AND
LOT SIZE REQUIREMENT.
The above-entitled matter came on for hearing before the Washington County
Board of Adjustment and Appeals at the Washington County Courthouse, in the City
of Stillwater, Minnesota, at 5:00 p.m. on December 8, 1988. Applicant-Char
Delmedico appeared personally. Also present were Dennis O'Donnell , County
Planner; Howard R. Turrentine, Assistant Washington County Attorney; and Dorothy
Rossi , Secretary to the Board. Board member absent was Conway Olson.
Upon the evidence adduced at said hearing by the applicant and by the other
persons named above and upon all the files, records and proceedings herein the
Board makes the following:
FINDINGS OF FACT
1 . Applicant owns a tract of land on Big Marine Lake, more particularly
described on the attached Exhibit A.
2. The parcel is improved with a cabin and applicant seeks the following
variances to remove the cabin and construct a new home:
Lake setback - 100 feet required - 57 feet 8 inches proposed.
Lake frontage - 150 feet or 60 percent required - 80 feet existing.
Road frontage - 150 feet or 60 percent required - 80 feet existing.
Lot size - 11 acres or 60 percent required - 18,800 square feet
existing.
3. Applicant' s new home will not be a more intense use than would be
allowed to the cabin under the existing Washington County Shoreland Management
Ordinance and Washington County Zoning Ordinance. The new house and garage do
not encroach further towards the Lake than the existing cabin and meet the
sideyard setback requirements. Although there is sufficient area for a new
1 -
septic system, the soil is not presently suitable for a standard septic system.
Therefore, applicant plans on filling the site and having it sit through a
freeze-thaw cycle and then retested. If testing, proves satisfactory, the size
of the area will provide for an initial and backup system for a two bedroom home
only.
4. The Board finds that the variance will be in keeping with the spirit
and intent of the Washington County Development Code and Washington County
Shoreland Management Ordinance.
Based on the foregoing, the Board makes the following order.
ORDER
The Board orders that the variance request of Char Delmedico to construct a
two bedroom home is hereby granted upon the following conditions:
1. No further accessory buildings will be allowed on applicant' s parcel .
2. This variance is contingent upon applicant establishing to the
satisfaction of the Washington County Planning Department that sufficient area
exists for the location of an initial and backup gravity on-site septic system
for a two bedroom home.
Dated this day of/Deo r, 1989 .
WASHINGTON COUNTY BOARD OF ADJUSTMENT
AND APPEALS
By
John Bair C air
This instrument drafted by:
Howard R. Turrentine
Assistant Washington County Attorney
Washington County Government Center
Stillwater, MN 55082
779-5463
2 -
EXH = BTT .. A ..
The West, 50 feeL of LoL 1 , also Lhe EasL 30 feeL of LoL 2 , all in
Big Lake View , New Sc;andia Township, Washing Lon counLy , MinnesoLa.
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NGTON Cp
WASHINGTON COUNTY Robert J. Lockyear
Planning Coordinator
5 PLANNING DEPARTMENT
O&'
IRV
ppOAESS
Allan R. Goodman
GOVERNMENT CENTER
Building Official
14900 61ST STREET NORTH, P.O. BOX 6•STILLWATER, MINNESOTA 55082.0006
Office:612/779.5443 Facsimile Machine:612/779-5498
January 30, 1989
Char Delmedico
13260 - 182nd Street NorLh
Marine on St. Croix, MN 55047 :
Dear Ms . Delmedico :
Enclosed please find a copy of the Minutes of the hearing and the
official Findings of FacL and Order for your variance request heard
before the Washing Lon County Board of AdjusLmenL & Appeals on December
8 , 1988 .
If you have any quesLions , please feel free Lo csonLacL me .
Sincerely ,
Dorothy R ssi
Secretary
Enclosures
Washington County does not discriminate on the basis of race,color,national origin,
sex,religion,age and handicapped status In employment or the provision of services.
ETON
WASHINGTON COUNTY Robert I Lockyear
Planning Coordinator
pyo
PLANNING DEPARTMENT
O
S ar.
vpocPESS
Allan R. Goodman
GOVERNMENT CENTER
Building Official
14900 61ST STREET NORTH, P.O. BOX 6 • STILLWATER, MINNESOTA 55082-0006
Office:612/779.5443 Facsimile Machine:612/779.5498
January 30, 1989
Dolores Peterson
14727 - 209th Street North
Scandia, MN 55073
Dear Dolores :
Enclosed please find copies of the Minutes of Public Hearings arid
Findings of Fact and Order for variance requests heard before the
Washington County Board of Adjustment and Appeals on property located
in New Scandia Township.
If you have any questions , please feel free Lo contact me .
Sincerely,
Dorothy R{s4si
Secretary
Enclosures
Washington County does not discriminate on the basis of race,color,national origin,
sex,religion,age and handicapped status in employment or the provision of services.
Minutes of the
Washington County Board of Adjustment and Appeals
Char Delmedico Hearing Held December 8, 1988
Washington County Government Center, Stillwater, Minnesota
Members Present: John Baird, Mary Senkus , Russell Kirby, Jack
Sjoholm
Others Present: Robert Lockyear, Planning Coordinator; Bob
Turrentine, Assistant County Attorney; Dorothy
Rossi , Secretary; Char Delmedico
Chairman Baird opened the hearing at 5 : 30 p.m.
Robert Lockyear stated that the applicant owns a small lot on Big
Marine Lake in New Scandia Township which is currently improved with a
seasonal cabin. The applicant wishes to remove the cabin and
construct a new home. In order to do so she is requesting variances
to the lake setback, lake frontage, road frontage and lot size
requirements . The applicant is proposing a relatively modest 2
bedroom home with an attached garage which would not encroach further
toward the lake than the existing cabin. Because the lot is small and
the area for the septic system is well defined and limited, the house
could not be moved further from the lake than what is proposed.
Mr. Lockyear presented, for the record, a letter from Rex King, an
adjacent property owner, stating his objections to this variance
request.
Mr. Lockyear stated that since this parcel is a lot of record and the
proposed structure does not extend closer to the lake than the
existing structure, they would recommend approval of the variances
requested. Approval should be conditioned on the 10 foot sideyard
setback being met and the house being constructed as per the plans
submitted. In addition, the lot must be filled for a new septic
system and approved by the Washington County Planning Department
before a permit is issued.
In answer to a question, Mr. Lockyear stated that the cabin could be
converted to a year round use, therefore , it becomes the issue of
whether you allow the remodeling or replacement. There was discussion
regarding the possibility of a request in the future for construction
of an accessory structure on this small parcel . In answer to a
question from the Board, Attorney Turrentine stated that the Board
could stipulate in their approval of this request that no further
accessory buildings are allowed on this parcel .
Board of Adjustment & Appeals
Delmedico Hearing
December 8 , 1988
Page 2
Char Delmedico stated that her building plans are quite modest and the
house will not actually be much bigger than the existing cabin. Her
plans do include an attached garage and she would have no intention of
building another accessory structure on the property.
Chairman Baird closed the hearing at 5 : 40 p.m.
Jack Sjoholm made a motion to approve the variances as requested with
the following conditions :
1 ) The new structure meeting the 10 foot sideyard setback.
2) The lot must be filled for a new septic system and approved
by the Washington County Planning Department before a permit
is issued.
3) No further accessory uses will be allowed on this parcel.
Mary Senkus seconded the motion stating that the concerns raised by
Mr. King would be the same with the existing use. John Baird stated
that he feels this will be an improvement to the property and does not
see a problem with it since it would not encroach further toward the
lake. The motion carried unanimously.
Respectfully submitted,
Dorothy K. Rossi , Secretary
f,
2
N O T I C E O F P U B L. Z C H E AR = N G S
Notice is hereby given that the Washington County Board of Adjustment
and Appeals will meet in the
County Board Chambers
Washington County Government Center
14900 - 61st Street North
Stillwater, Minnesota
at
5 : 00 p.m.
Thursday, December 8 , 1988
Copies of the requests for variances to be considered at this time are
available in the office of the Planning Department in the Washington
County Government Center and may be viewed during normal business
hours .
Anyone desiring to be heard may appear at the above stated time to
voice an opinion or written material may be submitted to the
undersigned up to the time of the hearing .
Washington County does not discriminate on the basis of race, color
national origin, sex, religion, age and handicapped status in
employment or the provisions of services.
AGE NDA
1 ) Robert Swinehart - Variance from the lake setback requirement to
construct a detached accessory building . The property is legally
described as part of Government Lot 8, Section 9 , T31N, R20W, May
Township, also referred to as Parcel #89009-0096 .
2 ) Char Delmedico - Variance from the minimum lot size, lot width,
road frontage and lake setback requirements to construct a new
home. The property is legally described as the West 50 feet of
Lot 1 and the East 30 feet of Lot 2 , Big Lake View Addition, New
Scandia Township.
3 ) Dean McGowan - Variance from Section 604 . 01 of the Washington
County Subdivision Ordinance limiting the length of permanent
cul-de-sacs . The property is legally described as part of
Government Lot 1 , Section 17 , T32N, R21W, also referred to as
Parcel #81017-0040P, Forest Lake Township.
t
Board of Adjustment & Appeals
Public Hearing Notice
December 8, 1988
Page 2
4) Dean McGowan - Variance from the Washington County Zoning &
Subdivision Ordinances to allow access to a residential
development via a private road. The property is legally described
as part of Government Lot 1 , Section 17 , T32N, R21W, also referred
to as Parcel #81017-0040P, Forest Lake Township.
5 ) Paul Bischoff - Variance from Section 604 . 01 of the Washington
County Subdivision Ordinance limiting the length of a temporary
cul-de-sac. The property is legally described as part of the
W 1/2 of the SW 1/4 of Section 5 and Part of the S 1/2 of Section
6 , T29N, R20W, also referred to as Parcel #78005-3200P, Baytown
Township.
6 ) Paul Bischoff - Variance from Section 615 . 12 of the Washington
County Subdivision Ordinance prohibiting individual driveway
accesses onto an arterial highway. The property is legally
described as that part of the SW 1/4 of Section 6 , T29N, R20W,
described as follows : Beginning at the northwest corner of Lot 2 ,
Block 2 , Blackwood, according to the plat on file in the office of
the County Recorder, Washington County, Minnesota; thence South 64
degrees 49 minutes 24 seconds , East, bearing oriented to said
plat, along the northeasterly line of said Lot 2 a distance of
571 . 35 feet to the northeast corner of said Lot 2 ; thence North 02
degrees 00 minutes 00 seconds West along the northerly extension
of the east line of said Lot 2 a distance of 395 . 14 feet to the
north line of the tract described in Book 153 of Deeds , page 480,
as recorded in said office of the County Recorder ; thence South 88
degre6s 54 minutes 15 seconds West along said north line 432 . 74
feet to the easterly line of Stillwater Boulevard, as dedicated on
said plat of Blackwood; thence southwesterly along said easterly
line and a curve, concave to the southeast, having a radius of
4510 .92 feet and a central angle of 02 degrees 01 minutes 56
seconds a distance of 160 . 00 feet to the point of beginning, the
chord of said curve bears south 26 degrees 11 minutes 34 seconds
west, Baytown Township.
7 ) Business Meeting.
WASHINGTON COUNTY BOARD OF ADJUSTMENT AND APPEALS
Dorothy Rossi , Secretary
779-5187
RECEIVEDJAN 91989
EARTH SCIENCE
20620 JUNO AVE. NO.
FOREST LAKE, MN 55025
WASHINGTON COUNTY PLANNING DEPT .
GOVENMENT CENTER
14900 61ST STREET NORTH
STILLWATER, MN . 55082
RE: MODIFIED ONSITE WASTE WATER TREATMENT AREA
LOCATION: PT. OF LOTS 1 & 2 BIG LAKE VIEW ADD. 182ND STR. NO
NEW SCAND I A TWP . WASHINGTON COUNTY -
CHAR DEL MEDICO OWNER
ATT : MR . GOODMAN
DEAR MR. GOODMAN,
THIS LETTER IS TO NOTIFY YOU OF THE COMPLETION OF SOILS
BEING IMPORTED ONTO SITE AT THE ABOVE DESCRIBED LOCATION.
THESE SOILS WERE IMPORTED ONTO SITE TO CONSTRUCT A MODIFIED
WASTE WATER TREATMENT AREA FOR THE PROPOSED NEW HOME TO BE
CONSTRUCTED ON THIS SITE BY MS . DEL MEDICO OWNER.
THE IMPORTED SOILS WILL BE ALLOWED TO PALS THRU A FREEZE
THAW C'Y'CLE AND RETESTED AFTER ALL FROST IS OUT OF THESE
SOILS. RETESTING WILL OCCUR ON OR ABOUT MAY - TUNE OF 1989
DEPENDING UPON WEATHER CONDITIONS.
THIS RETESTING INFORMATION WILL BE SUBMITTED TO YOUR OFFICE
FOR FORMAL REVIEW AND FINAL APPROVAL UPON COMPLETION.
SHOULD YOU HAVE ANY QUESTIONS REGARDING THIS MODIFIED AREA,
I MAY BE REACHED AT 433-2890 .
SINCERELY,
H .WEAVER
EARTH SCIENCE TESTING
MPGA . CERT.# 551
COPY TO: CHAR DEL MEDICO - MIKE PETERSON
GT 0C)IV
G
WASHINGTON COUNTY Robert J. Lockyear
Planning Coordinator
PLANNING DEPARTMENT
2srar.
PaoePESS
S
Allan R. Goodman
GOVERNMENT CENTER Building Official
14900 61ST STREET NORTH, P.O. BOX 6 • STILLWATER, MINNESOTA 55082-0006
6121779-5443
TO: WASHINGTON COUNTY BOARD OF ADJUSTMENT & APPEALS
FROM: DENNIS O'DONNELL, COUNTY PLANNER
RE : DELMEDICO VARIANCE REQUEST
DATE : DECEMBER 1 , 1988
This office has reviewed the variance request submitted by Char
Delmedico. The applicant owns the West 50 feet of Lot 1 and the East
30 feet of Lot 2 in the Big Lake View Addition on Big Marine Lake .
The property is improved with a cabin. At this time, she wishes to
remove the cabin and construct a new home.
The following variances are required:
1 ) Lake Setback -- 100 feet required - 57 ' 8" proposed.
2 ) Lake frontage -- 150 feet or 60% required - 80 feet existing .
3 ) Road frontage -- 150 feet or 60% required - 80 feet existing .
4 ) Lot size -- 1 1/2 acres or 60% required - 18 , 800 square feet
existing.
The applicant is proposing a relatively modest 2 bedroom home with
attached garage . The new house would not encroach further towards the
lake than the existing cabin. Because the lot is small and the area
for the septic system is well defined and limited, the house could not
be moved further from the lake than what is proposed.
An area for a new septic system has been tested. The soil is
presently not suitable for a standard septic system. The applicant
plans on filling the site and having it sit through a freeze/thaw
cycle and then retested. The size of the area is limited and would
provide area for an initial and backup system for a 2 bedroom home
only.
Washington County does not discriminate on the basis of race,color,national origin,
sex,religion,age and handicapped status in employment or the provision of services.
Board of Adjustment & Appeals
Delmedico Variance Request
December 1 , 1988
Page 2
Recommendation
Since this parcel is a lot of record and the proposed structure does
not extend closer to the lake than the existing structure, we could
recommend approval of the variances requested. Approval should be
conditioned on the 10 foot sideyard setback being met and the house
being constructed as per the plans submitted. In addition, the lot
must be filled for a new septic system and approved by the Washington
County Planning Department before a permit is issued.
If you have any questions , please feel free to contact me.
DCO/dkr
GTO
WASHINGTON COUNTY Robert J. Lock earY
Planning Coordinator
s' PLANNING DEPARTMENTmopsR,.`.o P`
SS
GOVERNMENT CENTER Allan R. Goodman
14900 61ST STREET NORTH, P.O. BOX 6 • STILLWATER, MINNESOTA 55082-0006 Building Official
6121779.5443
TO: NEW SCANDIA TOWN BOARD & PLANNING COMMISSION
FROM: DENNIS O'DONNELL, COUNTY PLANNED
RE: DELMEDICO VARIANCE REQUEST
DATE : SEPTEMBER 29 , 1988
This office has reviewed the variance request submitted by Char
Delmedico . The applicant owns property in the Big Lake View Addition
on Big Marine Lake . The property is improved with a cabin. At this
time, she wishes to remove the cabin and construct a new home.
The following variances are required:
1 ) Lake Setback -- 100 feet required - 80 feet proposed.
2 ) Lake frontage -- 150 feet required - 80 feet existing .
3 ) Road frontage -- 150 feet required - 80 feet existing .
4 ) Lot size -- 1 1/2 acres required - 18, 800 square feet
existing .
5 ) Sideyard setback - 25 feet required - 10 feet proposed.
The subject lot is very small . Soil testing was completed for a
septic system in the past and a mound system was the only option. A
permit for a mound system was issued to accommodate the existing
cabin. The system was never installed, however, since a new home is
now proposed, different requirements are applicable . At this point,
it must be demonstrated the lot has area for 2 full on-site septic
systems . A mound system would not be permitted. It is very
questionable if there is area for 2 systems . In addition, if area can
be found, the lot will need to be filled, allowed to settle and then
retested.
Washington County does not discriminate on the basis of race,color,national origin,
sex,religion,age and handicapped status in employment or the provision of services.
New Scandia Township
Delmedico Variance Request
September 29 , 1988
Page 2
Before any action can be taken on this request, we will need specific
house plans so we can determine the number of bedrooms proposed and
exact size of the house. In addition, a surveyor must be hired to
prepare the site plan to accurately locate lot lines and the ordinary
high water mark of the lake . All this information must be submitted
to our office so we can more thoroughly review the septic situation
and overall plan.
At this point, we would recommend the request be tabled until the
surveying work is completed and the applicant has discussed the septic
system issue .
If you have any questions , please feel free to contact me.
DCO/dkr
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Date Filed 30 . oo Names &ADD PD
Review
APPLICATION FOR CONSIDERATION OF PLANNING REQUEST
This form should be filled out in duplicate by typing or printing in ink)
Street Location of Property: 13260 182nd . St .
Legal Description of Property: west 50 f t . of Lot 1 East 30 F t . of Lot 2
Big Lake View Addition
Owner: Name Charlotte Del-Medico Phone
Address 13260 182nd St .
City Marine State Mn . Zip 55047
Applicant (If other than owner):
Name Phone
Address
City State Zip
Type of Request: Rezoning X Variance Special Use Permit
Subdivision Approval Other:
Description of Request: Lake setback 100 ft . to57 . 8ft .
Lake frontage 150ft . to 80 ft . Road frontage 150 ft . to 80 ft .
Lot size 12 acres to 18 , 800 sq . ft . Siceyard 25 ft . tol3 ',.4ft .
r•
Present Zoning Classification: RI-
A
Existing Use of the Property: Summer cabin
Has a request for a Rezoning, Variance or special use permit on the subject site or any part
thereof been previously sought? N0 When?
Signature of Applicant:&.&4 Date
Approved Denied by the Planning Commission on 10/4 -&8
ate4
Approved_ Den ied by the Council on lo/488
d ate)
Form No.7 .6300-2
RECEITE vEP 2 6 1988
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN : That the Planning Commission of the
Town of New Scandia, Washington County , Minnesota shall hold a
hearing on the 4th day of October , 1988 at 8 :00 p .m. To consider
application by Charlotte Del-Medico , 13260, 182nd St . North , Marine ,
Mn . 55047 . West 50 ft . of Lot 1 and East 30 ft . of Lot 2 , Big Lake
View Addition . The following variance is required to construct
a dwelling.
1 . Lake frontage 150 ft . to 80 ft .
2 . Lot Size
Dolores Pe erson
New Scandia Township Clerk
Dated : September 14 , 1988
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RECEIVEDDEC 71988
October 3, 1988
Planning Commission, New Scandia
14727 209th St. North P.O. Box 125
Scandia Minnesota 55073
Dear members of the Commission,
This is in regards to Charlotte Del-Medico's request to obtain a variance
from 150 to 80 feet to build a dwelling adjacent to 13260 182nd St. North,
Marine Minnesota.
I live next door to Mr. Del-Medico, and while I think he is as good a neighbor
as one could expect, I must express firm opposition to the proposal before
the committee at this time, for the following reasons
i) The lakefront area has clearly reached its development limit. During the
summer months, traffic is so heavy on 182nd street, that it is impossible
to be outside due to perpetual clouds of dust which hang in the air.
Similiarly, noise from chainsaws and motor boats, creates a constant din
which drowns out everything else. Additionally, I have repeatedly been
forced to remove trespassers, who not only use my lakeshore with impunity,
but have stolen fishing and recreational equipment as well.
ii) The lake is home not only for people, but for a wide variety of birds and
wildlife. When humans move in, natural species are displaced. Wildlife
does not have a voice to protest human enroachment. If we do nothing to
stop it now, soon there will be nothing left for the future. It's often
that humans take land for their own use, but rare that the land is ever
returned to nature.
iii) After last summers drought, and probable green house effects in the future
producing similiar conditions, I am concerned about inevitable lowering of
the water table, which I must share with my neighbors, and what affect
increased demand of another household would have on that. An average house
uses tens of thousands of gallons of water per year. A friend from North
Branch is faced with a situation where his well is going dry, so that he
must haul water in from outside. I do not wish to be placed in similiar
circumstances.
iv) If a variance is given this time, then a precedent will be set so that
a lever will exist for other development. For example, I know that the
neighboring lot east of me is 80 feet wide and vacant, so what justification
could be given to prevent those owners from building, if permission is
given in this case ? This is only one example, and I'm sure it could be
multiplied many times if one examined the whole lakefront.
ve read that a park is to be established around Big Marine, and that
available private land will be purchased by the county, to make way for
the park. Greater development in the Big Marine area, is contrary to the
notion of establishing a nature preserve.
vi) Mr. and Mrs. Del-Medico, already own a spacious and beautiful house and
guest cabin at 13260 182nd St. N, so why does Mrs. Del-Medico need another
one ?
I respectfully submit these concerns and objections to you, and trust that
your judgement on this important issue will represent fairness and maintain
peace in this neighborhood.
Sincerel
1
Rex King
13290 182nd St. N
Marine St. Croix
Minnesota 55047
P.S. I apologize for not attending this public hearing, but my job as Senior
Process Development Engineer at 3M in Vadnais Heights, forces me to
work during these hours, due to an unavoidable deadline in a critical
project.
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CERTIFICATE 0 F SURVEY
LANDMARK SURVEYING INC.
21100 Olinda Trail North -. P.O. Box 37
Scandia , Minnesota 55073
LaVayne R. Dupslaff Telephone
Licensed Surveyor 433-3421
I hereby certify that this survey, plan , or report was prepared by
me or under my direct supervision and that I am a duly Licensed
Land Surveyor under the laws of the State of Minnesota.
pow —License No. 12660 Date: /NOVEMBER /9B8
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