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09-07-2021 Planning Commission September 7, 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 6:02 p.m. The following were present: Commissioners Jon Engstrand, Andrew Essling, and Chair Travis Loeffler. Commissioner Perry Rynders joined the meeting at 6:57 p.m. Staff present: City Planner Evan Monson, City Administrator Ken Cammilleri, City Clerk Brenda Eklund. City Council liaison Jerry Cusick was also present. PUBLIC FORUM Lori Gordon, 19303 Parkview Avenue, said that she would like to suggest that Scandia consider a dog park facility on park property, as a safe alternative to having dogs run loose. Staff recommended she present this idea to the Parks and Recreation Committee. Maria Hinz, 13030 182nd Street, reported that the property being developed next door at 13160 182nd Street does not appear to be following the approved site plan for new construction. The driveway is being placed closer than 20’ from the property line between them, and she stated her concern about potential water runoff being directed to her property. Staff will arrange a meeting with Hinz and investigate her concerns. APPROVAL OF AGENDA, MINUTES Essling, second by Engstrand, moved to approve the agenda as presented. Motion carried unanimously. Engstrand, second by Essling, moved to approve the August 3, 2021 minutes as presented. Motion carried unanimously. PUBLIC HEARING: VARIANCE FROM SIDE YARD SETBACK REQUIREMENTS FOR AN ADDITION TO THE EXISTING DWELLING AT 12959 MAYBERRY TRAIL NORTH. CHRIS AND ERICA SANDSTROM, APPLICANTS. PC RESOLUTION NO. 2021-15 Applicants Chris and Erica Sandstrom, property owners at 12959 Mayberry Trail, are proposing to add onto their house, with an addition totaling 2,592 square feet in size. The proposed site plan shows the addition to be 5 feet from the north side property line at its nearest point and 18.7 feet from its furthest point. A variance is needed from the required 20-foot minimum side yard setback. The property is 13.36 acres in size. Planner Monson summarized the staff report. The addition is proposed to be used as accessory space for storage, an allowed use on the property. The house has an existing attached garage that is 624 square feet in size. The applicants indicated that the attached garage will be replaced with the addition. The property has a shared access with the adjacent property to the north. A septic system and gas line are located south of the house, limiting an addition here. Monson explained September 7, 2021 Scandia Planning Commission Page 2 of 6 that the lot still has other areas that an accessory structure could be built on which would not require a variance. Monson reviewed the criteria for consideration of the variance, with findings regarding the request. The proposal to build within the side yard setback is found not to be in harmony with the intent of the development code, and not the minimum action to eliminate the practical difficulty. Monson explained that the property could accommodate additions or a detached garage in other locations which meet setbacks. Monson concluded with a recommendation to deny the variance request to the side setback requirements. A resolution with these findings was presented. Chair Loeffler opened the public hearing at 6:27p.m. Jeff Zweifel, attorney to clients at 12937 Mayberry Trail, stated opposition to the variance request with similar findings as provided in the Planner’s memo. Zweifel provided a written letter with these details, as well as a letter of opposition from his clients which were provided in the meeting packet. Chris Sandstrom, applicant, described the 30-foot easement which exists between the property to the north, a non-buildable area of separation from the neighbors. Sandstrom said the addition is proposed as a screen from noise, light and pollution from the neighbors to the north, and is the best design for the interior of the home. A gas line and sewer system impede an addition to the south. There were no other comments and Chair Loeffler closed the hearing at 6:31 p.m. Chair Loeffler noted the criteria that are not met with this request; there is an existing garage attached to the house, and a detached storage building could be located elsewhere on the property. Commissioner Engstrand agreed that the property is of a size large enough to accommodate a storage building without needing a variance. Chris Sandstrom questioned if a lesser setback within the side yard could be found as reasonable. Chair Loeffler explained that it would not, based on the findings stated. Loeffler, second by Essling, moved to adopt PC Resolution No. 2021-15, Denying a Variance for 12959 Mayberry Trail North. The motion carried 3-0 by roll call vote. The recommendation to deny the variance request for an addition will be presented to the City Council at their meeting on September 21, 2021. PUBLIC HEARING: VARIANCE FROM REAR SETBACK REQUIREMENTS FOR AN ADDITION TO THE EXISTING DWELLING AT 19211 MEADOWRIDGE LANE NORTH. BRIAN GUNST, APPLICANT. PC RESOLUTION NO. 2021-16 Property owners Brian Gunst and Susan Bowen, 19211 Meadowridge Lane, are proposing to add onto their existing home. The was house was built in 2017 by the applicants. The proposed addition would include 2,425 square feet of space located on the north and west side of the house. The property is 1.08-acres in size located within the Tii Gavo subdivision, a Planned Unit September 7, 2021 Scandia Planning Commission Page 3 of 6 Development which was approved to have a 30-foot minimum rear setback. The proposed addition would have a setback of 6.8 feet from the property line, requiring a variance. Planner Monson presented his staff report with a detailed summary of the request. The house on the site is located in the north half of the property with an existing setback of 48 feet from the rear lot line. The applicant noted that a location further in the middle of the lot was originally planned for, though that location would have been too low of an elevation on the site, requiring the house be built in its existing location. The owners propose the addition for a sport court and a garage stall onto the existing garage. Placing the proposed addition to the west instead would meet setbacks but remove existing trees to the west. Planner Monson reviewed the criteria for consideration of the variance request. The practical difficulties as noted by the applicant are primarily due to the existing location of the house not allowing for a 34.5-foot-deep addition. There exists buildable area on the property available to build on without a variance, which is not a unique difficulty. Monson concluded that existing house location was caused by the landowner and not unique to the property. The proposed addition could meet setbacks if located elsewhere or reduced in size, therefore not the minimum action required to eliminate the practical difficulty. Monson stated that the findings do not support granting a variance to the 30-foot rear setback requirement and recommended denial. The findings for denial were presented in a resolution. City Administrator Cammilleri noted that the Commissioners should consider that the Tii Gavo subdivision is a Planned Unit Development, a community that was designed to fit within smaller setbacks. Chair Loeffler opened the public hearing at 6:48 p.m. Brian and Susan Gunst, applicants, explained that Outlot E is an 80-acre non-buildable buffer of land between their property and the next building site to the north. Alternatively, building an addition to the west would be a disruption to the woodlands, requiring removal of 20-30 trees. Maria Hinz, 13030 182nd Street, said this is a huge addition for a new home, and suggested the applicants consider building a larger home on an open lot in Tii Gavo. There were no other comments and Chair Loeffler closed the hearing at 6:51 p.m. Chair Loeffler asked for clarification that the addition includes a garage stall on the west of the home, which it does. Commissioner Engstrand asked if the outlot to the north can be considered. Cammilleri explained that the PUD for the subdivision is set in form to maximize open space. Cammilleri said the difficulty was created by the landowner – the house could have been built closer to the street in order to leave room for a future addition. Engstrand said that this is the best situation for the proposed addition to preserve the trees. Cammilleri said there is concern for the trees, but the Commissioners need to review the request using the eight criteria. Loeffler said they are getting there, but right now stating observations from the site visit as part of the discussion. September 7, 2021 Scandia Planning Commission Page 4 of 6 Commissioner Essling stated that the addition is encroaching on a conservation easement that should be considered, and that the property has an alternative area for the addition that would not require a variance. Chair Loeffler stated that although this seems like the best location for the addition that is hidden from the road and preserves the trees to the west, staff has noted alternative options within buildable space of the property. Loeffler said this is a difficult situation, as he would like to see the natural features of the lot preserved, but the situation was created by the landowner and there are other options for an addition using buildable space on the property. Commissioner Rynders said the addition to the rear of the home is the most logical place – it’s not visible from the road, does not disturb trees or neighbors, and fits the design of the home for access. Loeffler said it is a reasonable use, but the requested setback from the rear property line is too close; the PUD development was designed for the open space behind the property. Loeffler, second by Engstrand, moved to adopt PC Resolution No. 2021-16, Denying a Variance for 19211 Meadowridge Lane North. The motion carried 3-1 by roll call vote, with Rynders opposed. The recommendation to deny the variance request for an addition will be presented to the City Council at their meeting on September 21, 2021. PUBLIC HEARING: VARIANCE FROM DEVELOPMENT CODE REQUIREMENTS TO REBUILD A NON-CONFORMING DWELLING AT 16963 197TH STREET NORTH. ANGIE AND TOM CONLEY, APPLICANTS. PC RESOLUTION NO. 2021-17 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. There is also a wetland to the south (100-foot setback required) and a wetland/small stream north of the cabin (75-foot setback required). Variances from wetland setbacks are also needed, as the cabin would be rebuilt 17.75 feet from the north wetland, and the deck along the south side of the cabin would measure 14.5 feet from the wetland to the south. Planner Monson provided a detailed summary of the request. The owners are looking to rebuild the 1940’s cabin as it is in need of numerous repairs. The property consists of two parcels totaling 0.81 acres, being non-conforming to the minimum lot size required in the Ag Core zoning district. Because the current cabin is being removed with a new one built on its footprint, it would need to meet the minimum setbacks required in the development code. Placement of the well and septic provide few options for other areas to rebuild on the property. September 7, 2021 Scandia Planning Commission Page 5 of 6 Planner Monson reviewed the criteria for considering the variance request. The proposal to not encroach any closer to the river or the wetlands than the current cabin is in harmony with the Comp Plan to protect natural features. The property is limited in the amount of buildable space due to the wetlands, concluding that the practical difficulties were not caused by the current landowner and are unique to the property. Conditions for Watershed and grading permits will ensure that the wetlands are not impacted, and the requested variances appear to be the minimum action to eliminate the practical difficulty of the lot lacking space outside of the required setbacks. Monson concluded with recommending approval of the request, with findings and conditions presented in a resolution. Chair Loeffler opened the public hearing at 7:07 p.m. Angie Conley, applicant, stated that they have owned the property for 8 years and have been good stewards of the river property. They have planted trees and vegetation to improve the land. The cabin is in disrepair, with the foundation in especially poor condition. The addition will be away from the river, and the cabin redone in natural wood colors to blend into the surroundings. Chair Loeffler recognized the eight letters of support from the neighbors. There were no other comments and Chair Loeffler closed the hearing at 7:10 p.m. Commissioner Engstrand stated that the improvement makes functional use of the property, as the current cabin is in disrepair as the site visit demonstrated. Chair Loeffler asked for clarification of the proposal to move the septic tanks. Planner Monson explained that the proposed addition requires moving the septic tanks to the west and further away from the wetlands and the river. While still within the required setbacks, the County determined that a variance would not be needed if the number of bedrooms in the cabin is not increased. Commissioner Rynders stated that he supports the request which meets the criteria used to evaluate the variance. City Administrator reiterated that the non-conformity section of the development code provides flexibility to landowners to make improvements. Staff noted that the property is served by a private driveway with no road frontage, triggering a variance for road frontage requirements and minimum lot size. Rynders, second by Engstrand, moved to adopt PC Resolution No. 2021-17, Approving Variances for 16963 197th Street North. Motion carried 4-0 by roll call vote. The recommendation to approve the variance request to construct a cabin within required setbacks of the St. Croix River and wetlands will be presented to the City Council at their meeting on September 21, 2021. September 7, 2021 Scandia Planning Commission Page 6 of 6 ITEMS FOR FUTURE AGENDAS City Council updates from August 17, 2021 Planner Monson reported that the Variance request by Lucas Alm to alter a nonconforming structure within required setback areas from the St. Croix River at 21795 St Croix Trail was approved by the City Council. The Variance request by Alissa Pier to add onto a deck located within the required setback from Bone Lake at 23375 Lofton Avenue North was approved by the Council with setbacks as originally requested by the applicant. The Planning Commission recommended approval of this request at the August 3rd Planning Commission meeting, but with a smaller encroachment than was requested by the applicant. ADJOURNMENT Engstrand, second by Rynders, moved to adjourn the meeting. Motion carried 4-0. The meeting adjourned at 7:29 p.m. Respectfully submitted, Brenda Eklund City Clerk