5.b PC Staff Report_Sandstrom Variance
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Memorandum
To: Scandia Planning Commission Reference: Sandstrom Variance Application
Copies To: Brenda Eklund, Clerk
Ken Cammilleri, City
Administrator
Chris and Erica Sandstrom,
Applicants
Project No.: 18108.000 Sandstrom Variance
From: Evan Monson, Planner Routing:
Date: August 30, 2021
SUBJECT: Variance to construct an addition 5 feet from the north side property line
MEETING DATE: September 7, 2021
LOCATION: 12959 Mayberry Trail North, PID 21.032.20.42.0003
APPLICANT/OWNERS: Chris and Erica Sandstrom
ZONING: General Rural (GR), Shoreland Overlay
REVIEW PERIOD: October 5, 2021, (30 day DNR review period ended August 6th)
ITEMS REVIEWED: Application and plans received July 7, 2021
DESCRIPTION OF THE REQUEST
The owners of the property are looking to add onto their house and attached garage currently located on
their property. The proposed plan is to have the proposed addition be placed off the northeast side of the
house, totaling 2,592 square feet (SF) in size. The proposed addition would be five (5) feet from the north
side property line at the nearest point; the addition would be 18.7 feet away from the property line at the
furthest point. The parcel currently has an ingress and egress easement with the parcel to the north for a
shared driveway; a detached accessory structure of the neighbor’s is located north of the shared
driveway.
The proposed addition would be 2,592 SF of space. Chapter Two of the Development Code permits
3,500 SF of space for parcels greater than 10 acres but less than 20 acres in size; so the entire addition
could be utilized as accessory space. The minimum side setback required in the Development Code is 20
feet. The proposed setback of five feet would require a 15 foot variance.
Sandstrom Variance Staff Report September 7, 2021
Scandia Planning Commission Page 2
PROPERTY INFORMATION
Parcel description: 12959 Mayberry Trail North is located on the east side of Fish Lake, by the
intersection of 205th Street North and Mayberry Trail. The parcel is approximately 13.36 acres in size,
which meets the minimum size required for the GR and Shoreland Overlay districts. The property has a
shared access with the adjacent property to the north. The lot has a house and an attached garage
currently, with the garage being 624 SF in size per Washington County records. A well is located west of
the house, and a septic system is south of the house. The portions of the lot west of the house slope
towards the lake, while the rest of the lot is more flat with some smaller slopes in spots.
Zoning: GR, Shoreland Overlay
Land use: Agriculture, Single-Family Residential
EVALUATION OF VARIANCE REQUEST
Applicant’s Explanation of the Plan and Variance Request
See attached narrative from applicant.
There are a number of non-zoning issues and statements included in the narrative. City staff has been
unable to verify all the statements, though the statements suggest there’s a history of conflict between the
neighbors to the north and the applicant.
Staff Comments on the Variance Request
Engineer
The City Engineer provided the following comments regarding the request:
If approved, a grading plan shall be submitted that includes the low floor elevation of the adjacent
building to the north to review building expansion doesn’t negatively impact that property related
to drainage. Low floor elevation/low floor opening elevation shall be identified on proposed
addition as well.
Site work shall be within compliance of the Watershed District.
Watershed
The Carnelian Marine St Croix W atershed District noted the following rules would apply for the proposed
project.
Rule 2 Stormwater Management – The amount of land disturbance is ≥5,000 square feet with
creation of impervious surface, which triggers District Rule 2.2.(c). Proposed project includes a
2,460+/- SF building addition to an existing home. This site was permitted under CMSCWD
Permit 20-012 for an 11,000+/- SF gravel driveway. The proposed addition is overtop existing
gravel, walks, and part of the existing home. Compliance with the District’s Small Residential
Stormwater Worksheet is required. A summary of existing and proposed impervious surfaces
areas, including any new gravel for driveway realignment (currently not identified) is r equired for
determination of District stormwater management requirements. Onsite soils are HSG C or B/D,
so filtration is the likely best method for stormwater management. Details for routing of
stormwater runoff new impervious surfaces will be required. A lso, a declaration for maintenance
of stormwater management facilities will also be required for permit issuance.
Rule 3 Erosion Control – An erosion and sediment control plan will be required including silt fence
down grade of all disturbed areas, revegetation specifications and a construction implementation
schedule.
Sandstrom Variance Staff Report September 7, 2021
Scandia Planning Commission Page 3
Rule 4 Buffers – Not applicable since the proposed variance from Scandia ordinances for the side
yard setback. The addition is further from Fish Lake (and more than 200-LF from the OHWL).
Rule 5 Shoreline Alteration – It does not appear that shoreline alteration is proposed. If it is, this
rule would be triggered and the District will provide additional guidance on bioengineered
shoreline stabilization.
Rule 7 Floodplain and Drainage Alterations – The proposed addition is well above the 100-year
elevation of Fish Lake. Low floor freeboard requirements will be assessed upon identification of
proposed stormwater BMP(s).
DNR
The East Metro Area Hydrologist did not provide comments at the tim e of this staff report.
Development Code
The proposed addition would be 5 feet from the north side property line; the minimum required is 20 feet.
The existing house and attached garage already meets the minimum setback. The lot is exceeding the
minimum size (2 acres in GR, 2.5 in the Shoreland) and buildable area (1 acre) requirements.
The septic system of the lot is south of the house, so a potential addition in this area would require
moving the septic system. Without moving the system, the lot still has other areas that could be built on.
While these areas may not result in an addition that matches perfectly with the design of the house, or
may be detached instead of attached, they would not require variances. The proposed addition could also
be reduced in size, and/or shifted further south, and could avoid or greatly reduce the encroachment into
the north side yard setback.
Figure 1: Proposed Site Plan
Sandstrom Variance Staff Report September 7, 2021
Scandia Planning Commission Page 4
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.
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 does not discuss side setbacks in rural zoning districts. The proposed
project is for an addition onto an existing house, a permitted use, though the requested setback
would be smaller than the minimum. The lot, being conforming in size and buildable area, could
accommodate structures elsewhere. The request appears to be in general harmony with the
Comprehensive Plan, but may not be in harmony with the general purpose and intent of the
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 would not change if this variance request is approved. Proposing
to continue to use the property for residential use is a reasonable use.
The practical difficulties are not caused by the landowner and are unique to the property.
The practical difficulties identified by the applicant are the locations of the existing house in
relation to the side setback line, and the locations of the gas line and septic system . Even with
this, the large size of the property still results in buildable area being available elsewhere on the
lot. While additions on other locations would possibly not be as aesthetically appealing, or may
have to be detached from the house, they are options that exist and would be permitted by the
ordinance without a variance. It would be difficult to accept that the difficulties of the lot 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. The addition would be closer
to the side property line than other properties nearby and would be noticeable to the neighbor to
the north, though it would be difficult to view the addition from the right-of-way given existing
vegetation along Mayberry Trail. Granting the variance could alter the essential character of the
area, though the Planning Commission could add conditions to ensure the request does not alter
the essential character of the area.
Economic conditions alone shall not constitute practical difficulties.
The practical difficulties are related to the locations of existing structures. 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 variance would not result in limiting light or air to neighboring properties.
The land use will not change, so increases to congestion, or public safety are not expected. While
the proposed addition would be close to the neighboring parcel, it would not be close to existing
structures and should not increase the danger of fire. The property values of neighboring property
Sandstrom Variance Staff Report September 7, 2021
Scandia Planning Commission Page 5
is not anticipated to 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.
The existing house, while close to the north side setback, is conforming to setback requirements.
The proposed encroachment would result in a side setback of 5 feet at the nearest point, and
18.7 feet at the furthest point. The property is conforming to minimum size and buildable area
requirements. The property could accommodate additions, or even a detached garage, in other
locations without requiring a variance be issued. The requested variance is not the minimum
action required to eliminate the practical difficulties of the lot.
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 do not support granting the requested variance to the side 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
RECOMMENDATION
The Planner recommends that the Planning Commission recommend denial of a 15 foot variance to
construct an addition setback five feet from the north side property line, at 12959 Mayberry Trail North.