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7.b PC Staff Report_Conley 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: 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: September 1, 2021 SUBJECT: Variances to construct a cabin within required setbacks of wetlands and the St Croix River MEETING DATE: September 7, 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 REVIEW PERIOD: 60-day period ends November 14, 2021 (30-day DNR review period ends September 15th) DESCRIPTION OF THE REQUEST The owners of the property are looking to rebuild the existing seasonal 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 cabin 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 is also a wetland south of the house on the property, and a wetland/small stream north of the cabin on the property. The St Croix River Overlay is governed by the Lower St Croix River Bluffland & Shoreland Management Regulations adopted from the Washington 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 OHWL. The Shoreland Overlay requirements also apply in the St Croix River Overlay. The Shoreland Management chapter of the Development Code has requirements for setbacks from wetlands. The required setback from the wetland to the north of the cabin is 75 feet, while the required setback from the wetland to the south is 100 feet. In order to build a new seasonal cabin at the same location as the existing cabin, three variances would be necessary. Conley Variance Staff Report September 7, 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 , if combined they are 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 impervious surfaces on the site comprise less than 10% of the property. The site is fairly flat, before sloping near the cabin down towards the river. An existing retaining wall and septic mound and tanks are to the west of the cabin, and a well is located to the northwest. Land use: Single-Family Residential EVALUATION OF THE VARIANCE Applicant’s Explanation of the Plan and Variance Request See attached narrative from applicant. Staff Comments on the Variance Request Engineer The City Engineer noted the following:  If approved, a grading permit will be required. 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. Conley Variance Staff Report September 7, 2021 Scandia Planning Commission Page 3 NPS The National Park Service conducted a site visit on July 9th. Based off the proposed plans, the NPS noted the project was permissible under the terms of the scenic easement present on the property. Wetlands Due to the wetlands on the site, a wetland delineation was required. A delineation was conducted in late July. There were two wetlands identified, one to the north of the cabin was determined to be a Manage 1 wetland, while the wetland to the south was determined to be a Preserve wetland. The Shoreland Management requirements of the city base the required setbacks from a wetland on what type of wetland 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. While this would place them further from wetlands and the river, they would still be within required setbacks. The county noted that if the number of bedrooms in the cabin is not increased and the tanks move further away from the wetlands than they are currently, that a variance would not be needed. DNR The East Metro Area Hydrologist had not provided comments at the time of this staff report. Development Code The current cabin would be removed, with a new one built on its footprint. Since the proposed cabin would be a new structure, it would need to meet the minimum setbacks required in the Development Code. 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. An old deck along the south side of the cabin is proposed to be rebuilt, and would extend along the south side of the cabin. The property consists of two parcels. If the project moves forward, it would be wise to combine the parcels into one. W hile the parcels (once combined) would not result in a conforming lot, it would remove the property line that cuts through the yard currently. 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. With a setback of 87.5 feet, a variance of 112.5 feet would be needed to build in the same spot. The Lower St Croix River Bluffland & Shoreland Management Regulations limit impervious surface coverage to 20% of the property; the proposed project would be under 10% of the area of the property. The wetland to the north, determined as Manage 1, would require a 75 foot minimum setback for structures. The wetland to the south, a Preserve wetland, would require a 100 foot minimum setback for structures. In order to build in the same location as the existing cabin, variances would be needed from the setbacks for both wetlands. The current and proposed setback from the north wetland is 17.75 feet. The current setback of the cabin from the south wetland is 18.9 feet. The deck along the south side of the cabin would be set back 14.5 feet from the wetland to the south. The variance from the Manage 1 wetland would be 57.25 feet, while the variance from the Preserve wetland to the south would be 85.5 feet. The small size of the property limits potential locations for the cabin. A well is located to the northwest of the cabin up near the driveway, while the septic is to the west of the existing cabin. Conley 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 has an objective in the land use section to “conduct development in a manner that is sensitive to the impact upon natural features and to environmental constraints, including but not limited to scenic views, surface water, wetlands, slopes, woodlands, vege tation, drainage ways, shorelands, and flood plain areas”. The proposal by the applicant is to not encroach any closer to the river, or the wetlands, than the current cabin. By not encroaching than the setback of the existing cabin, 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 a seasonal cabin, 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 most of the property being located within the required setback from the river and two wetlands, and the property not conforming to minimum size requirements. The existing cabin is located within three different required setback areas, it was built prior to the current ordinances being adopted. While a property of this size being in the setback of the river is not uncommon in this area of the city, the subject property is uniquely limited in the amount of buildable space it has due to the two wetlands. The practical difficulties were 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; other parcels nearby are also occupied by seasonal cabins located at similar setbacks from the river. Apart from the addition on the west end, the proposed cabin would maintain the same size as the existing cabin. The setbacks of the new cabin would be the same as the existing cabin. The current cabin’s location appears to not have negatively impacted neighboring properties. 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 size of the property and the limited amount of land located outside of required setbacks. The practical difficulties are not only economic in nature. Conley Variance Staff Report September 7, 2021 Scandia Planning Commission Page 5  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 t he 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, 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 property is located within the required setback from the river and two wetlands, hence the need for a variance. While larger in size, the proposed cabin would have the same width, which results in the same setback from the wetlands as the existing cabin. The wetlands in close vicinity to the cabin are high in quality, so conditions can be added to ensure the wetlands are not negatively impacted. The small size of the property limits potential locations of the cabin that either don’t require a variance, or would require smaller setback variance requests. The requested variance appears to be the minimum action required to eliminate the practical difficulty of the lot lacking space outside of required setbacks. Conditions can be added to ensure it is the minimum action required.  Practical difficulties include, but are not limited to, inadequate access to direct sunlight fo r solar energy systems. The variance is not related to a need for direct sunlight for solar energy systems. The findings support granting the requested variances to construct a cabin within required setbacks of wetlands and the St Croix River. 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 Conley Variance Staff Report September 7, 2021 Scandia Planning Commission Page 6 PLANNING STAFF RECOMMENDATION The Planner recommends that the Planning Commission recommend approval of a 57.25 feet variance from the setback from a Manage 1 wetland, an 85.5 feet variance from the setback of a Preserve wetland, and a 112.5 feet variance from the setback from the OHWL of the St Croix River in order to construct a cabin at 16963 197th Street North. The following conditions for the variances are recommended: 1. The proposed location of the new cabin, including decks, shall not encroach closer to the OHWL of the St Croix River than the existing cabin, as indicated on the submitted plans. 2. The proposed location of the new cabin, including decks, shall not encroach closer to the wetlands to the north and south of the existing cabin, as indicated on the submitted plans. 3. The applicant shall secure any applicable permits from the Watershed District, 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 and added, 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.