06.b PC Staff Report-Nora Variance
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Memorandum
To: Scandia Planning Commission Reference: Nora Variance Application
Copies To: Brenda Eklund, Clerk
Ken Cammilleri, City
Administrator
Peter Nora, Applicant Project No.: 18108.000 Nora Variance
From: Evan Monson, Planner Routing:
Date: November 29 2021
SUBJECT: Variance to construct a detached accessory structure at a setback of 8.8 feet
from the north side property line
MEETING DATE: December 7, 2021
LOCATION: 12140 Lakamaga Trail North, PID 29.03.22.04.1004
APPLICANT: Peter & Martin Nora
OWNERS: Nora Properties LLC
ZONING: General Rural (GR), Shoreland Overlay
REVIEW PERIOD: January 10, 2022, (30 day DNR review period ended November 11)
ITEMS REVIEWED: Application and plans received October 12, 2021
DESCRIPTION OF THE REQUEST
The owners of the property are looking to replace an existing detached accessory structure on their
property on Lakamaga Trail. The proposed structure would be 960 SF in size, and 8.8 feet from the north
property line at its nearest point. If the request is approved and the building is constructed, the property
would have an impervious surface coverage of 23.7%
The property currently has only one accessory building on the site; the new proposed structure would be
in a similar location. The existing structure is also setback 8.8 feet from the north property line, so the
proposed new accessory structure would be no closer to the property line.
The Development Code outlines the minimum setbacks required from side property lines. In the General
Rural (GR) zoning district, the minimum side setback is 20 feet. Since the proposed structure is only 8.8
from the property line, a variance of 11.2 is being requested.
Nora Variance Staff Report December 7, 2021
Scandia Planning Commission Page 2
PROPERTY INFORMATION
Parcel description: 12141 Lakamaga Trail North is located along Big Marine Lake, to the west of the
intersection of Maxwill Avenue and Lakamaga Trail. The parcel is approximately 1.07 in size, which
makes it nonconforming to the minimum lot sizes required in the applicable zoning districts. The lot is long
and narrow; its depth is 600 feet while being only 75 feet wide . The lot, due to the angle of the road, has
approximately 91.5 feet of frontage. The lot has a house on the west end, and the existing detached
accessory structure on it. The current impervious surfaces total 10,544 SF, or 22.9% of the lot.
Zoning: GR, Shoreland Overlay
Land use: Single-Family Residential
EVALUATION OF VARIANCE REQUEST
Applicant’s Explanation of the Plan and Variance Request
See attached narrative from applicant.
Staff Comments on the Variance Request
Engineer
The City Engineer provided the following comments regarding the request:
Grading plan shall be submitted that includes grading limits/elevations that doesn’t negatively
impact the adjacent properties from direct drainage off of the site. Drainage needs to either be
directed down the side lot lines or to street right-of-way.
Site work shall be within compliance of the Watershed District.
Watershed
The Carnelian Marine St Croix W atershed District did not provide comments at the time of this staff
report.
DNR
The East Metro Area Hydrologist did not provide comments at the time of this staff report.
Development Code
Chapter Two of the Development Code notes the requirements for lots within the GR zoning district in
Section 2.6. The minimum lot size in the GR zone is two acres, with one acre of buildable area. The
minimum frontage for a lot in the GR zone is 160 feet if less than 3 acres in size. The applicant’s property
is nonconforming to the minimum size and width requirements, which leaves the applicant with a limited
amount of space to use without encroaching into any setbacks. The minimum required setback is 20 feet
for structures from the side property lines; since the north property line is a side line, the minimum
setback is 20 feet. The maximum impervious surface coverage is 25% for a property in the Shoreland
Overlay. The lot would remain below 25%, if the proposed request is approved.
Chapter Two, Section 3.2 of the Development Code notes the requirements for accessory structures. The
section notes that typically an accessory structure that is detached is to be to the side or rear of the
principal structure on the site. Section 3.2(2)(B)(1) allows a detached structure to be closer to the road
than the principal structure if the property is a lakeshore lot, and the structure meets setbacks. The lot is
along a lakeshore, though the setback of 20 feet from the side line is not met, hence the need for a
Nora Variance Staff Report December 7, 2021
Scandia Planning Commission Page 3
variance. 3.2(3) has the table outlining the number of and permitted sizes for accessory structures on a
parcel; the proposed structure would be within what is permitted.
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 accessory structures in detail. The Development
Code lists requirements for accessory structures in residential areas. As a lakeshore lot, an
accessory structure is permitted to be placed between the right-of-way and the principal structure
if setbacks are met; a variance is necessary to be within a setback. The proposed structure would
occupy a similar location as the existing accessory structure on the site, and would be no closer
to the north property line. By not encroaching past the setback of the existing accessory structure,
the proposed 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 residential, which would not change if this variance request is
approved. The proposed accessory structure would be replacing an existing accessory structure
on the site. 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 are due to the narrow width and nonconforming size of the lot limiting the
amount of space located outside of setbacks. The proposed structure would occupy a similar
location as the existing accessory structure on the site, and would be no closer to the north
property line. While nonconforming lots are not uncommon in this area of town, the subject
property is uniquely limited in the amount of buildable space it has. 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. The applicant proposes
placing the structure at the same setback and a similar location as the structure it is replacing;
apart from being new it would not be much different than the current layout of the site. Other
narrow lots along Lakamaga Trail on the lake also have structures close to side property lines.
Granting the variance would not alter the essential character of the area.
Economic conditions alone shall not constitute practical difficulties.
The practical difficulties are related to the limited amount of land located outside of required
setbacks. The practical difficulties are not only economic in nature.
Nora Variance Staff Report December 7, 2021
Scandia Planning Commission Page 4
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, 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.
The narrow shape of the lot limits the amount of land not within a setback . The existing structure
is currently setback 8.8 feet from the north property line; the proposed structure would have the
same 8.8 foot setback . There is potential space to shift the structure further from the north
property line, though the location of a turf infiltration basin and the driveway would limit how much
the structure could be moved. 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 for solar
energy systems.
The variance is not related to a need for direct sunlight for solar energy systems.
The findings support granting the requested variance to 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
Nora Variance Staff Report December 7, 2021
Scandia Planning Commission Page 5
RECOMMENDATION
The Planner recommends that the Planning Commission recommend approval of a 11.2 foot variance to
permit a detached accessory structure at a setback of 8.8 feet from the north side property line , at 12140
Lakamaga Trail North. The following conditions for the variance are recommended:
1. The proposed detached garage shall have a minimum setback of 8.8 feet from the north side
property, 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.
3. 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 or added, in order to ensure that drainage is not directed to adjacent
properties and proper erosion control measures are taken. Plans should include grading
limits/elevations that don’t negatively impact the adjacent properties from direct drainage off
of the site. Drainage will need to either be directed down the side lot lines or to street right-of-
way.
4. The applicant shall secure any other applicable Federal, State, County, and local permits
required for the project.
5. The applicant shall pay all fees and escrows associated with this application.