4.a Draft minutes 08-03-2021 Planning Commission
August 3, 2021
The Scandia Planning Commission held their regular monthly meeting on the above date with
modifications. The meeting was conducted in-person at the Scandia Community Center and over
an electronic platform. All participants who joined the meeting remotely could hear each other
and contribute to discussions.
Chair Travis Loeffler called the meeting to order at 7:03 p.m. The following were present:
Commissioners Jon Engstrand, Andrew Essling, Jan Hogle, Perry Rynders, and Chair Travis
Loeffler. Staff present: City Planner Evan Monson, City Administrator Ken Cammilleri, City
Clerk Brenda Eklund.
PUBLIC FORUM
There were no public comments.
APPROVAL OF AGENDA, MINUTES
Hogle, second by Rynders, moved to approve the agenda as presented. Motion carried
unanimously.
Hogle, second by Rynders, moved to approve the July 6, 2021 minutes as presented. Motion
carried unanimously.
PUBLIC HEARING: VARIANCE FROM DEVELOPMENT CODE REQUIREMENTS
FOR ADDITIONS TO TWO NON-CONFORMING STRUCTURES AT 21795 ST.
CROIX TRAIL NORTH. LUCAS ALM, APPLICANT ON BEHALF OF PROPERTY
OWNER CAROL SUNDBERG. PC RESOLUTION NO. 2021-13
Property owner Carol Sundberg has two aging seasonal cabins on the family’s 2.57-acre lot
located at 21795 St. Croix Trail North which are in disrepair and require structural stabilization.
The cabins are non-conforming with setback requirements, as they are within the 200-foot
setback from the St. Croix River. Applicant Lucas Alm, architect on behalf of the owner, is
proposing to add onto both cabins as part of the remodel project. The proposed additions will be
no closer to the river than existing structures. The main cabin, with an addition to the north and
west sides of the structure, will be altered to the extent exceeding 50% or more of the current
value. Due to being within the river setback, this requires that a variance be issued. The studio
cabin addition, to the west away from the river, can be approved through an administrative
permit process provided it mees the criteria of Chapter 1, Section 13.3(4) of the City’s
development code.
Planner Monson summarized the staff report which explained the Engineer’s comments that a
grading permit is needed, and the Watershed’s comments to require erosion control and buffer
declarations. The National Park Service provided a letter of approval for the project. Monson
explained the criteria process for consideration of the variance request, and recommended
approval with findings and six conditions as provided in a resolution. The proposed additions are
small and would not encroach any closer to the river nor increase the height of the structures.
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Chair Loeffler opened the public hearing at 7:08 p.m. There were no comments and the hearing
was closed.
Commissioner Rynders said the request is straightforward, the site visit made it evident that the
cabins are in need of repair, and he supports the variance approval. Commissioner Hogle agreed,
and noted that the additions will be away from the river. Chair Loeffler said he also supports the
request for the modest additions.
Rynders, second by Hogle, moved to approve PC Resolution No. 2021-13, Approving
Variance for Parcel 18.032.19.12.006 located at 21795 St. Croix Trail North. Motion
carried 5-0 by roll call vote.
The recommendation to approve the variance request to alter a non-conforming structure will be
presented to the City Council at their meeting on August 17, 2021.
PUBLIC HEARING: VARIANCE FROM DEVELOPMENT CODE REQUIREMENTS
TO REPLACE AND EXPAND AN EXISTING DECK LOCATED WITHIN REQUIRED
SETBACK AREAS AT 23375 LOFTON AVENUE NORTH. ALISSA PIER, APPLICANT
ON BEHALF OF PROPERTY OWNERS TOM FUREY AND MARY KENNING. PC
RESOLUTION NO. 2021-14
Property owners Tom Furey and Mary Kenning, 23375 Lofton Avenue, are proposing to replace
an existing deck and patio on the northeast side of their house, to be located a distance of 29.25
feet from the Ordinary High Water Level of Bone Lake and approximately 368 square feet in
size. A variance from the required 100’ OHWL setback is requested. The project narrative
explained that the size of the deck is designed to allow for adequate room for seating around a
table and safe circulation, and limits the distance from the lake to not exceed the location of the
highest tier of a retaining wall closest to the house, which is an existing condition that measures
27’-8” from the OHWL.
Planner Monson presented his staff report with a detailed summary of the request. The property
is 0.404-acres in size, with the house itself measuring 44.3 feet from the OWHL at its closest
point. The proposed improvements would extend no closer to the lake than the existing retaining
wall. The project would result in impervious lot coverage of 21.25%, under the 25% maximum
allowed. The site plan indicated new landscaping to screen the view from the lake.
The report included comments from the City Engineer that a grading permit would be required;
Comfort Lake-Forest Lake Watershed would not require a permit. The DNR did not provide
comments.
Planner Monson reviewed the criteria to be considered for a variance, and concluded with
findings and five conditions of approval as presented in a resolution. The proposed deck would
not encroach past the location of the current retaining walls and appears to be in general harmony
with the Comp Plan, as it would be designed to better blend in with existing and proposed
vegetation so as to improve the viewshed from the lake.
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Chair Loeffler opened the public hearing at 7:14 p.m. There were no comments and the hearing
was closed.
Commissioner Rynders said he is concerned that the new deck would extend 4 feet beyond the
existing deck, and questioned if the proposal is the minimum action to accomplish the objective.
Chair Loeffler also noted that the deck is larger and closer to the lake.
Alissa Pier, Project Architect, explained that the existing deck and patio area are being
reconfigured to make the deck more in compliance with the rules and intent of the ordinance and
land use policy through location and siting, reducing visual obstruction currently present, laying
it out in a manner that is safer for the owner and their family to use, and by maintaining the
access for site and grounds maintenance to the south. Pier said the deck is sized reasonably for
the family’s functionality.
Commissioner Hogle said the layout as proposed provides safer accessibility to the patio, and she
has no problem with the reasonable request. Commissioner Engstrand noted his agreement.
The Commissioners reviewed the eight criteria from Chapter One, Section 6.0 of the
development code to assess the proposal for the variance. They concluded that most criteria are
met, but questioned #7, the minimum action to eliminate the practical difficulty, to have a deck
sized to accommodate a table and chairs for the family. Commissioner Hogle asked if the size of
the deck is something they could objectively determine.
Chair Loeffler recommended that the total square footage of the deck could be kept as proposed,
but reconfigured to not encroach closer to the lake than the current deck. Commissioners studied
the site plan and determined that the patio is currently 32’10” from the OHWL.
Rynders, second by Loeffler, moved to approve the variance request with amendments to
PC Resolution No. 2021-14; to allow the deck to be 368 square feet in size but no closer to
the lake than the existing patio setback of 32’10”. The motion carried 4-1 by roll call vote,
with Engstrand opposed.
The recommendation to approve the variance request to reconfigure a patio and deck addition
will be presented to the City Council at their meeting on August 17, 2021.
ITEMS FOR FUTURE AGENDAS
Proposed Variance at 16963 197th Street North – Conley (informational only)
Property owners Tom and Angie Conley are proposing to tear down and replace their seasonal
cabin at 16963 197th Street, which is located 87.5 feet from the Ordinary High Water Level of
the St. Croix River. The plan is to rebuild on the same footprint with a 540 square foot addition
on the west side away from the river. Because the existing structure is within the required
200’setback from the OHWL of the river, a variance from the minimum river setback is needed
to rebuild the cabin in the same location. Planner Monson explained that the applicants wish to
get feedback on their request prior to the public hearing for the variance.
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City Administrator Cammilleri stated that staff is waiting on the final TEP advisory panel review
of the wetland delineation report to determine the classification and setbacks for the wetland
areas of the property. The National Park Service provided a letter of approval for the proposed
project.
Project Architect Marta Snow, Sala Architects, joined the meeting remotely and explained the
site plan. The proposed structure would have the same width as the existing cabin.
Chair Loeffler explained that they will rely on the agency’s response to wetland setbacks based
on degree of quality of the wetlands, and that it is best to reduce or have no further encroachment
into sensitive setbacks for protection of water quality. Because the property currently consists of
two parcels, with the house on one and also a small parcel along the river, Loeffler advised that it
is practical to combine adjacent lots when seeking variance approval.
The Conleys thanked the Commissioners for the opportunity to gather feedback in the event they
need to revise their plan prior to the public hearing.
City Council updates from July 20, 2021
Planner Monson reported that the McGinley variance for a septic system was approved by the
City Council at their July 20th meeting. A variance to build a landing and stairs for Dan and
Melissa Potter was approved based on a revised site plan.
ADJOURNMENT
Rynders, second by Engstrand, moved to adjourn the meeting. Motion carried 5-0.
The meeting adjourned at 8:26 p.m.
Respectfully submitted,
Brenda Eklund
City Clerk