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7. Conley Variance PC Staff Report 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: Conley Variance Application Copies To: Brenda Eklund, Clerk Ken Cammilleri, City Administrator Angie Conley, Applicant Project No.: 18108.000 Conley Variance From: Evan Monson, Planner Routing: Date: July 29, 2021 SUBJECT: Variance for project at 16963 197th Street N MEETING DATE: August 3, 2021 LOCATION: 16963 197th Street North, PIDs 30.032.19.13.0034 & 30.032.19.13.0009 APPLICANT/OWNERS: Tom and Angie Conley ZONING: Agricultural Core (AG C), St Croix River Overlay DESCRIPTION OF THE REQUEST The owners of the property are looking to rebuild the existing cabin on the property, as it is in need of numerous repairs. The proposed plan is to rebuild a seasonal residence on the same location, but with an additional 540 square feet of space on the west side away from the river. The property currently consists of two parcels, with the house on one and then a small parcel along the St Croix River. The existing structure is within the required setback from the OHWL of the river. There are also wetlands south of the house and a wetland/small stream north of the house. The St Croix River Overlay is governed by the Lower St Croix River Bluffland & Shoreland Management Regulations adopted from the W ashington County Development Code. The structure setback normally required is 200 feet from the OHWL of the river; the existing cabin is 87.5 feet from the OHW L. The variance request for this project would be on an upcoming agenda; the applicant wishes to get feedback and comments on the request tonight so as to address any concerns prior to the public hearing. Conley Variance Staff Report August 3, 2021 Scandia Planning Commission Page 2 PROPERTY INFORMATION Parcel description: 16963 197th Street North is located east of St Croix Trail North, off of 197th Street and on the river. The property consists of two parcels totaling .81 acres , which makes it nonconforming to the minimum lot sizes required in the applicable zoning districts. The property has a small stream run through it, and is also in close proximity to wetlands to the south. The existing cabin on the site was built in 1940, and in need of repair. Along with the cabin are two small accessory structures. The site is fairly flat, before sloping near the house down towards the river. An existing retaining wall and septic mound and tanks are to the west of the cabin. Land use: Single-Family Residential EVALUATION OF THE VARIANCE Staff Comments on the Variance Request Engineer The City Engineer had not provided comments at the time of this staff report. Watershed The Carnelian Marine St Croix W atershed District has noted the following would apply:  Rule 2 Stormwater Management – Rule triggered due to variance from structure setback along with total proposed impervious exceeding 5% of the site (1,764 SF). Applicant should confirm total existing and proposed impervious as these amounts will be used to determine the required volume of stormwater management. 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.  Rule 3 Erosion Control – An erosion/sediment control plan will be required, along with details for vegetation establishment.  Rule 4 Buffers – Rule triggered due to variance from structure setback from the St. Croix River. A buffer declaration will be required, along with buffer signage, and restoration of vegetation (areas that are disturbed by construction, have invasive species, bare soil, or turf grass) per Rule 4.0. Buffer width would be determined by Rule 4.3.1(a) based on structure setback requirements from the Lower Saint Croix National Scenic Riverway (LSCNSR) Management Rules. If WCD determines low areas on site to be wetlands, buffers would apply to those wetlands as well, with buffer widths based on wetland Management Class. Wetland Management Classes are defined in Appendix 0.2 of the CMSCWD Rules and are based on MnRAM wetland assessment.  Rule 7 Floodplain and Drainage Alterations – Low floor of the proposed home should be at least 2 feet above the 100-year HWL of the St. Croix and any wetlands and 1 foot above the emergency overflow of any proposed stormwater BMPs and any wetlands.  Rule 8 Wetland Management – No alterations (excavation/fill) are allowed within any onsite wetlands. DNR The East Metro Area Hydrologist had not provided comments at the time of this staff report. NPS The National Park Service conducted a site visit on July 9th, and is currently reviewing plans for the proposed project. Conley Variance Staff Report August 3, 2021 Scandia Planning Commission Page 3 Wetlands Due to the wetlands on the site, a wetland delineation was required. A delineation was conducted, with a technical evaluation panel (TEP) scheduled for July 30th. A decision would follow that would confirm the classification of the wetlands, as well as the boundary of them. The Shoreland Management requirements of the city base the required setbacks from a wetland on what type it is, hence the need for the delineation and decision. County The site received a variance for the location of the existing septic system on the property in 2014. The proposed project would result in moving the tanks to the west. W hile this would place them further from wetlands and the river, they would still be within the required setback. The county is reviewing if variances would be needed for a new location for the system. Development Code The current cabin would be removed, with a new one built on its footprint. Since the proposed structure would be new, it would need to meet the minimum setbacks required. The required setback from the St Croix River would be 200 feet, as is required in the Lower St Croix River Bluffland & Shoreland Management Regulations. W ith a setback of 87.5 feet, a variance of 112.5 feet would be needed to build in the same spot. The proposed structure would have the same width as the existing cabin, and so would maintain the existing setbacks from wetlands and property lines to the north and south. The proposed structure would extend further to the west than the existing, though would not be within the setback from the west property line. ACTION REQUESTED There is no action for this item at tonight’s meeting; this is just informational and provides an opportunity to give feedback to the applicant.