08.b1 CC Staff Report - Markgraf Variance
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Memorandum
To: Scandia City Council Reference: Markgraf Variance Application
Copies To: Brenda Eklund, Clerk
Ken Cammilleri, City
Administrator
Gary Markgraf, Applicant Project No.: 18407.000 Markgraf Variance
From: Evan Monson, Planner Routing:
Date: June 10, 2022
SUBJECT: A 39 foot variance request from the minimum 75 foot setback from a Manage
1 wetland & an 8 foot variance from the minimum 50 foot setback from a
‘Major Collector’ road, in order to construct a detached accessory structure
MEETING DATE: June 21, 2022
LOCATION: 23820 Lofton Avenue North, PID 05.032.20.21.0014
APPLICANT/OWNER: Gary Markgraf
ZONING: General Rural (GR), Shoreland Management Overlay
REVIEW PERIOD: 60 day review period ends July 10, 2022
ITEMS REVIEWED: Application and plans received May 11th
DESCRIPTION OF THE REQUEST
The property owner is looking to construct a detached accessory structure on their property. Said
structure would be 1,860 SF in size, and be located south of the house and another existing accessory
structure.
The owner’s parcel has a wetland occupying the western half of the property. The wetland was identified
by the Washington County Conservation District staff as a Manage 1 wetland, which requires a 75 foot
minimum setback in the city’s Development Code. The proposed structure would be located within the
setback, as it would only be 36 feet from the wetland. The land outside of the wetland begins to narrow
the further south one goes on the lot; shifting the building east away from the wetland would cause the
structure to encroach into the required setback from the front property line that runs along Lofton Avenue.
Lofton Avenue is classified as a ‘major collector’ in the Comprehensive Plan, which triggers a 50 foot front
yard setback; the structure as proposed would be 42 feet from the right-of-way (ROW).
Due to the placement of the structure at a distance of 36 feet from the Manage 1 wetlan d, a 39 foot
variance from the 75 foot minimum setback is required, along with an 8 foot variance to the 50 foot
setback required from ‘major collector’ roads. The Planning Commission reviewed the request at their
June 7th Planning Commission meeting, and recommended approval of the request with conditions. Their
recommendation is found at the end of this report.
Markgraf Variance Staff Report June 21, 2022
Scandia City Council Page 2
PROPERTY INFORMATION
Parcel description: 23820 Lofton Avenue North is an irregular-shaped lot located on the west side of
Lofton Avenue, by the intersection of Lofton Avenue and 238th Street. The parcel is approximately 3.26
acres in size. A large wetland occupies the western half of the lot. The lot currently has a house and
attached garage on the site, and a detached garage is just south of the house. A septic system is located
to the west of the house. Trees and vegetation are located throughout the site. A variance to setbacks
from the wetland was approved in 2020 to allow a new compliant septic system on the northwest portion
of the site to the west of the house.
Land use: Single-Family Residential
Figure 1: Aerial of the site, from City GIS
EVALUATION OF VARIANCE REQUEST
Staff Comments on the Variance Request
Engineer
The City Engineer provided the following comments regarding the request:
Building access should be very specifically discussed if there are plans for an additional driveway.
o I don’t see Washington County granting another driveway access to this property, and it
appears the existing garage could block access to the existing driveway for the new
structure and applicant would need another driveway access connection to Lofton Ave.
o Any new driveway access would have to be approved by Washington County through
their permitting process.
If approved, a grading plan shall be submitted for review.
Markgraf Variance Staff Report June 21, 2022
Scandia City Council Page 3
o Grading limits/elevations shall be identified, including low floor opening of the detached
accessory building.
o Erosion & sediment control will be very important on this site being adjacent to the
wetland.
Site work shall be within compliance of the Watershed District.
Loss of tree canopy would occur upon building construction, a tree replacement plan is
recommended for discussion.
Watershed
The Comfort Lake Forest Lake W atershed District noted the variance would trigger permits and
requirements of the watershed.
DNR
The East Metro Area Hydrologist did not provide comments at the time of this staff report.
Development Code
The Development Code lists standards for accessory structures in Chapter Two, Section 3.2 of the
current Development Code. Section 3.2(3)(C) has the table showing the number of buildings and the
square footage permitted for lots depending on their size. The applicant’s lot totals 3.26 acres in size,
which correlates to an allowance of 2,500 SF of accessory structures. The site currently has an attached
garage, and a detached garage; the attached garage is 726 SF in size, which is within the 864 SF
allowance permitted for a garage. The existing detached garage is 624 SF in size, while the proposed
structure is 1,860 SF in size. These two combine for 2,484 SF in accessory space, which is within the
2,500 SF allotment for parcels that are 3 acres to less than 5 acres in size.
The Development Code sets setbacks from wetlands in Chapter 5, the Shoreland Management
Ordinance. Section 6.41(B) lists the setbacks from wetland types. Since the wetland on the applicant’s
property is a Manage 1 wetland, a setback of 75 feet is required from both structures and septic systems.
The edge of the wetland runs at an angle, and gets much closer to the east property line the further south
one is on the lot. With the east property line being the front property line, the wetland s etback overlaps
the front setback required of 50 feet from Lofton Avenue. While the front setback is typically 40 feet, since
the functional classification of Lofton Avenue in the Comprehensive Plan is ‘major collector’ a setback of
50 feet from the ROW or 100 feet from the centerline is required, per Chapter Two, Section 2.6(7). The
structure is proposed to be 42 feet away from the ROW , given the ROW for Lofton Avenue is 120 wide,
the 50 foot setback would be a greater distance than 100 feet from the centerline. The existing house and
detached garage are both slightly closer to the ROW than the proposed new detached garage. The
applicant is not planning to add a second driveway for the proposed structure. Any access onto Lofton
would require a permit from the county.
Table 1: Proposed & Required setbacks
Proposed
setback -
Wetland
Required Proposed setback
– Lofton Ave ROW
Required
Proposed Detached
Garage
36’ 75’ 42’ 50’
The 50 foot setback from the collector road and the 75 foot setback from the wetland overlap in areas,
greatly limiting the areas on the site outside of setbacks. Existing items and other required setbacks limit
Markgraf Variance Staff Report June 21, 2022
Scandia City Council Page 4
options elsewhere on the site. The septic system for the site is located to the west of the hous e, in
between the house and the wetland, so placing the structure to the rear of the house is not an option. A
well for the site is located in the front yard of the property east of the house , so that area is not viable.
Other portions of the lot outside of the wetland are either within the front yard setback , or the side yard
setback.
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 Planning Commission’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 2040 Comprehensive Plan identifies Lofton Avenue as a ‘major collector’ road; which
requires a greater setback (50 feet) than what is required from local township roads (40 feet). The
Plan also notes 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, vegetation, drainage ways,
shorelands, and flood plain areas”. Existing structures and improvements on the lot have
previously been permitted to encroach into either the front setback, the wetland setback, or both.
The city should discuss if the request is 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 for single family residential, which 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 are due to the limited amount of land not located within required
setbacks. A large wetland occupies much of the lot, and as a result of being a Manage 1 wetland,
a 75 foot setback is required from its edge. The front setback is required to be 50 feet, due to the
functional classification of Lofton Avenue as ‘major collector’. Based on the location of the
wetland, these two setbacks overlap on much of the lot. Other portions of the site are either
occupied by utilities (septic and well), existing structures, or are within setbacks from other
property lines. The practical difficulties are 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 residential. Apart from some houses to the
north of the applicant, most land nearby is either park, lake, wetlands, or undeveloped. Granting
the variances should not alter the essential character of the area. The city should discuss the
potential impact of any trees being removed as a part of the project.
Economic conditions alone shall not constitute practical difficulties.
The practical difficulties are related to the limited amount of buildable land located outside of
required setbacks. The practical difficulties are not only economic in nature.
Markgraf Variance Staff Report June 21, 2022
Scandia City Council 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 the
neighborhood.
Granting the requested variances 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 parcel is located within either the setback from the wetland, or the setback from the
right-of-way for Lofton Avenue. Apart from shrinking the size of the requested structure, it is hard
to find a location on the property that would encroach less into a required setback. The requested
variance appears to be the minimum action required to elim inate the practical difficulty of the lot
lacking buildable areas outside required setbacks.
Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar
energy systems.
N/A, the variance is not related to a need for direct sunlight for solar energy systems.
The findings support granting the requested variances to setback requirements.
ACTION REQUESTED
The City Council can do one of the following:
1. Approve the request
2. Approve the request, with conditions
3. Deny the request, with findings for denial
4. Table the request
RECOMMENDATION
The Planning Commission recommended approval of a 39 foot variance request from the minimum 75
foot setback from a Manage 1 wetland & an 8 foot variance from the minimum 50 foot setback from a
‘Major Collector’ road, in order to construct a detached accessory structure, 23820 Lofton Avenue North.
The following conditions for the variances were recommended:
1. The proposed project shall be setback a minimum of 36 feet from the wetland, and 42 feet
from the right-of-way, as shown on the site plans 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.
Markgraf Variance Staff Report June 21, 2022
Scandia City Council Page 6
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, in order to ensure proper erosion control measures are taken. Grading
limits/elevations shall be identified, including the low floor opening of the proposed detached
accessory building.
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.