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5.b PC Staff Report Sundberg Variance TKDA ® | 444 Cedar Street Suite 1500 | Saint Paul, MN 55101 651.292.4400 • tkda.com An employee -owned company promoting affirmative action and equal opportunity. Memorandum To: Scandia Planning Commission Reference: Sundberg Variance Application Copies To: Brenda Eklund, Clerk Ken Cammilleri, City Administrator Lucas Alm, Applicant Project No.: 18108.000 Sundberg Variance From: Evan Monson, Planner Routing: Date: July 28, 2021 SUBJECT: Variance to alter a nonconforming structure MEETING DATE: August 3, 2021 LOCATION: 21795 St Croix Trail N, PID 18.032.19.12.0006 APPLICANT: Lucas Alm OWNERS: Carol Sundberg ZONING: Agriculture Core (AG C), Lower St. Croix River Corridor Overlay REVIEW PERIOD: September 16, 2021, (30 day DNR review period ended July 18) ITEMS REVIEWED: Application and plans received June 18, 2021 DESCRIPTION OF THE REQUEST The subject property has two small seasonal cabins on it. The applicant, an architect applying on behalf of the owner, is proposing to add onto both as part of a remodel project. Both structures were built over 60 years ago. The addition onto the ‘main’ cabin would be made on the north and west sides of the structure. The ‘main’ cabin would not increase in height, and would not be encroaching closer to the river than it is currently. The smaller ‘studio’ cabin would have an addition made on the west side away from the river. The ‘studio’ cabin does not have a bathroom, or cooking facilities inside, so it is not considered an Accessory Dwelling Unit as defined in the Development Code. As a lawful nonconforming structure, the addition onto the ‘studio cabin’ can be approved through an administrative permit provided that it meets the criteria of Chapter 1, Section 13.3(4) of the Development Code. The ‘main’ cabin would be altered to an extent exceeding 50% or more of the current value, and due to being with required setbacks from the river would require a variance be issued. Sundberg Variance Staff Report August 3, 2021 Scandia Planning Commission Page 2 PROPERTY INFORMATION Parcel description: 21795 St Croix Trail North is located along the S Croix River, northeast of the intersection of Scandia Trail / TH 97 and St Croix Trail / TH 95. The parcel is approximately 2.57 acres in size, which meets minimum lot size, but the buildable area of the lot (areas outside setbacks) is limited. The depth of the lot from the OHWL of the river varies from 165.72 feet on the north end to 264 feet on the south end. Railroad tracks border the west side of the parcel, which slopes down from the west side towards the shore. The lot currently has the two seasonal cabins, a septic system and well, along with trees and vegetation located throughout. Zoning: AG C, St Croix River Overlay Land use: Single-Family Residential Figure 1: Proposed Site Plan. ‘Main’ cabin on top, ‘Studio’ on bottom of image EVALUATION OF VARIANCE REQUEST Applicant’s Explanation of the Plan and Variance Request “The Sundberg Family has owned the 2 cabins along the St. Croix River on this property for 4 generations. Originally built by Alfred R Sundberg in the 1940s and 1950s, they are currently in disrepair and require structural stabilization and maintenance (see attached photographs). Concurrent with these repairs, the family would like to modestly expand these structures within the city, count y, and DNR guidelines to make them more usable. Sundberg Variance Staff Report August 3, 2021 Scandia Planning Commission Page 3 These cabins will remain seasonal and are not intended for continuous year -round use. There is currently a septic system, well, and electrical service on the site. The cabins are screened from the river by heavy tree cover. Both the Main and Studio cabins require new foundations and support beams. In order to minimize impact to the site and waterway, we propose a helical pier foundation system as outlined in the attached drawings. The height of the buildings will not increase. The Main cabin currently has a shed style roof that pitches to the west away from the river. Because of the low roof clearance at this area, it would be difficult to expand the cabin in this direction without significantly altering the ex isting roof and possibly increasing the roof height. In response to these limitations, we propose expanding the Main cabin to the north using the same roof pitch and height as the existing cabin in order to add a bathroom and bedroom space. The width of t his extension is less than 1/3 the width of the enclosed cabin and will not increase the height of the structure. Additionally, a small detached sauna is also proposed behind the existing main cabin facing away from the river and within the required setback area. The smaller Studio cabin roof is currently under-structured and will require a new framing. We propose to expand this cabin to the west and away from the river and lower the overall roof pitch decreasing the structure height and minimizing the visual impact from the river. The Studio cabin will not have a have a bathroom or water hookups. We feel that the stabilization and improvements to these cabins is in keeping with the spirit of the St. Croix Riverway District guidelines and will not impact the overall visual continuity of the river way while providing a quiet refuge for future generations of the Sundberg family.” Staff Comments on the Variance Request Engineer The City Engineer provided the following comments regarding the request.  Grading permit is required.  Project shall be in compliance with requirements from the Watershed District and Nationals Park Service, and shall obtained required permits.  Appears tree removal will occur, replacement trees should be discussed.  Erosion & sediment control will be very important on this site.  Septic system will be permitted by the authority of Washington County. Watershed The Carnelian Marine St Croix W atershed District noted the following:  Rule 2 (Stormwater Management) – The lot is 2.57 acres along the St. Croix River. New additions to two structures totals 435-SF of additional impervious surface. The submitted survey does not quantify existing impervious surface. A scaled estimate of existing impervious including drive approaches 3,000-SF. Therefore, it does not appear that the project will result in a total impervious exceeding 5% of the lot (5,597-SF) or that land disturbance of 5,000 square feet will occur. Stormwater management BMPs should be sized in compliance with the District’s Small Residential Project Stormwater Worksheet. A stormwater declaration would also be required for maintenance of stormwater BMPs. Sandy (HSG A) soils on site are conducive to infiltration.  Rule 3 (Erosion Control) – This rule would be triggered if land disturbance exceeds ¼ acre (not likely) or any other rule is triggered. An erosion/sediment control plan would be required, which should include silt fence or silt logs downstream of disturbed areas, a rock construction entrance, construction sequencing, and revegetation details.  Rule 4 Buffers – The existing structures are well within the St. Croix River setback (of 200-ft) and thus non-conforming with local setback requirements. Proposed additions are no closer to the St. Croix than existing structures. If a variance from the St. Croix setback is required for these Sundberg Variance Staff Report August 3, 2021 Scandia Planning Commission Page 4 additions, then this rule is applicable and the required buffer width can be reduced to 50% of the distance between the existing structure and the OHWL under exception 4.9.4. If a variance is required, a buffer declaration will be required, along with buffer signage, and restoration of vegetation (areas that are disturbed by construction and have invasive species, bare soil, or turf grass). National Park Service The National Park Service has scenic easements over the lots in this area of the City. The NPS had a site visit on July 28th, and is currently reviewing the project plans. DNR The East Metro Area Hydrologist did not provide comments at the time of this staff report. Development Code The ‘main’ cabin is a nonconforming structure, as it is within the setback required from the river. With the alterations exceeding 50% of the appraised value, a variance is required to be issued, per Chapter One, Section 13.3 of the Development Code. The City has adopted by reference the Washington County standards for zoning regulations within the St Croix overlay zoning district – Chapter 5 of the Washington County Development Code. Chapter 5, Section 4.2 requires setbacks for buildings of 200 feet from the OHWL of the St Croix River. The current location of the ‘main’ cabin is 50 feet from the OHWL, while the ‘studio’ cabin is just under 90 fe et from the OHWL. The lot is not very deep, as it is approximately 165 feet on the north end and approximately 264 feet on the south end. This puts most of the property within the required setback for buildings. Portions outside of this setback would be in the southwest corner of the lot, which has slopes from the railroad right-of-way abutting the property to the east. Portions outside of this setback would also be in close proximity to the septic system on-site, and would require extensive clearing and grading. The ‘studio’ cabin is a nonconforming residential building or structure. Chapter One, Section 13.3(4) notes such buildings can be expanded if they meet four criteria: 1. The existing structure remains in place, and is expanded. 2. Expansion of principal or accessory buildings found to be nonconforming only by reason of height, yard setback, or lot area may be permitted provided the structural nonconformity is not increased and the expansion complies with all other performance standards of this Chapter. An Administrative Permit shall not be issued under this section for a deviation from other requirements of this Chapter unless variances are also approved. 3. The Zoning Administrator finds that any such expansion will not have external negative impacts upon adjacent properties or public rights-of-way. 4. Long term sewage disposal needs can be met. Since the addition to the structure would not further encroach into the setback from the river, and would not require a connection for water/sewage, the addition could be permitted with an Administrative Permit. 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. Sundberg Variance Staff Report August 3, 2021 Scandia Planning Commission Page 5  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 notes that viewsheds (views from the river) should be considered and protected with regards to structures in the overlay district. The proposed alterations to the cabin would not encroach further towards the river, nor would they increase the height of the structures. The proposed project would not interfere with scenic views from the river or impact the use of the river. Given that the proposed additions do not encroach further into the required setback from the river, the request appears to be 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 for two seasonal cabins, which would not change if this variance request is approved. Proposing to continue to use the property for seasonal 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 limited amount of buildable area located outside of required setbacks. The depth of the lot varies from 165 to 264 feet from the OHWL. Given that the setback from the river is required to be 200 feet, the cabins would have to be moved to the southwest corner of the lot to be outside that setback. The southwest portion of the parcel has slopes, which without considerable amount of grading and clearing, would not be ideal for building on. The practical difficulties 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 as it is currently, as is the use of other nearby lots in the area. Granting the variances would not alter the essential character of the area.  Economic conditions alone shall not constitute practical difficulties. The practical difficulties are related to the limited amount of buildable land located outside of required setbacks. 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 not change, 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 request is granted. The requested variance 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. Most of the parcel is located within the 200 foot setback required for buildings from the river. The west side of the lot slopes down from the property line abutting the railroad towards the river. The proposed additions would not encroach closer to the river. Apart from clearing and grading areas on the southwest side of the lot that are further than 200 feet from the OHWL, it is hard to find a Sundberg Variance Staff Report August 3, 2021 Scandia Planning Commission Page 6 location that does not encroach into the setback from the river. The requested variance appears to be the minimum action required to eliminate the practical difficulty of the lot lacking suitable space for a septic system that meets required setbacks .  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 variance to setback requirements. 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 a variance to alter a nonconforming structure within required setback areas from the St Croix River, at 21795 St Croix Trail North. The following conditions for the variances are recommended: 1. The proposed project shall follow the dimensions and setbacks from the OHWL of the St Croix River as shown on the site plan submitted to the city and reviewed with this request. 2. The applicant shall secure any applicable permits from the Watershed District, and comply with their requirements. 3. The applicant shall secure approval from the National Park Service, and comply with their requirements. 4. 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 and locations of any trees to be removed, in order to ensure that drainage is not directed to adjacent properties and proper erosion control measures are taken. 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.