08.b1c Resolution 2021-35 Sundberg Variance
CITY OF SCANDIA, MINNESOTA
CC RESOLUTION NO. 2021-35
APPROVING VARIANCE FOR PARCEL 18.032.19.12.0006
LOCATED AT 21795 ST CROIX TRAIL NORTH
WHEREAS, Lucas Alm, on behalf of the owner Carol Sundberg, has made an
application for a variance to alter a nonconforming structure located within the required setback
from the St Croix River, on property identified as PID 18.032.19.12.0006; and
WHEREAS, the property is legally described as follows:
POINT NORTH 1/2 BEGINNING @ POINT ON WEST LINE OF NE1/4 OF SAID
POINT BEING 810 FEET SOUTH OF THE NW CORNER OF THE NORTHEAST1/4
THENCE WEST TO EASTERLY R/W LINE OF SOO LINE RR THENCE
SOUTHERLY ALONG R/W LINE TO POINT 70 FEET PERPENDICULAR
DISTANCE SOUTH OF NORTH LINE OF SE1/4 OF THE NW1/4 THENCE EAST
PARALLEL & 70 FEET PERPENDICULAR DISTANCE SOUTH OF NORTH LINE OF
THE SE1/4 OF THE NW1/4 & NORTH LINE OF THE SW1/4 NE1/4 TO WESTERLY
SHORELINE OF WEST ARM OF ST CROIX RIVER THENCE NORTHERLY ALONG
SAID SHORELINE TO POINT OF LINE 810 FEET PERPENDICULAR DISTANCE
SOUTH OF NORTH LINE OF THE NE1/4 THEN WEST PARALLEL WITH SAIDD
NORTH LINE TO POB SECTION 18 TOWNSHIP 032 RANGE 019; and
WHEREAS, the Planning Commission reviewed the request for variances at a duly
noticed Public Hearing on August 3, 2021, and recommended that the City Council approve the
variances with conditions;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should
and hereby does approve an alteration of a nonconforming structure located within required
setback areas from the St Croix River at 21795 St Croix Trail North, based on the following
findings:
1. 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, by extending
away from the river, 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.
CC Resolution No.: 2021-35
Page 2 of 3
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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 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
buildable areas outside required setbacks.
8. The variance is not related to a need for direct sunlight for solar energy systems.
FURTHER BE IT RESOLVED that the following conditions of approval shall be met:
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.
CC Resolution No.: 2021-35
Page 3 of 3
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.
Adopted by the Scandia Planning Commission this 17th day of August, 2021.
_________________________________
Christine Maefsky, Mayor
ATTEST:
_________________________________
Ken Cammilleri, City Administrator
Motion for adoption:
Seconded by:
Voted in favor:
Voted against:
Abstained:
Absent: