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08.b1 CC Staff Report Berggren 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: Berggren Variance Application Copies To: Brenda Eklund, Clerk Ken Cammilleri, City Administrator Kris Berggren & Ben Olk, Applicants Project No.: 18407.000 Berggren Variance From: Evan Monson, Planner Routing: Date: September 14, 2022 SUBJECT: Variances to construct a cabin on a nonconforming lot within required setbacks of wetlands and the St Croix River MEETING DATE: September 20, 2022 LOCATION: 16963 197th Street North, PIDs 30.032.19.13.0034 & 30.032.19.13.0009 APPLICANT/OWNERS: Kris Berggren and Ben Olk ZONING: Agricultural Core (AG C), St Croix River Overlay REVIEW PERIOD: 60-day period ends October 4, 2022 (30-day DNR review period ended September 3rd) DESCRIPTION OF THE REQUEST The owners of the property are looking to replace the current cabin on their property with a new one, as the existing cabin is in need of numerous repairs. The proposed plan is to rebuild a seasonal residence on the same location as the current cabin, 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 cabin is within the required 200 foot setback from the ordinary high water level (OHWL) of the river. The existing cabin is also within the required setbacks of two nearby wetlands; a wetland is present south of the cabin on a neighbor’s parcel, and a wetland is present on the applicant’s parcel north of the cabin. In order to rebuild on the site, variances from setback requirements are needed. The property itself is also not meeting minimum requirements (size, frontage, and buildable area), so the lot is nonconforming. In order to build on a nonconforming lot, another variance is also needed. The Planning Commission reviewed the request at their September 6th meeting. The commissioners recommended approval of the request, with a number of conditions. Their recommendation is found at the end of this report. Berggren Variance Staff Report September 20, 2022 Scandia City Council Page 2 PROPERTY INFORMATION Parcel description: 16963 197th Street North is located east of St Croix Trail North, off of 197th Street and along the scenic St Croix 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 running through it, and is also in close proximity to wetlands on the parcel 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 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. The septic system on the site received variances from setback requirements in 2014. Land use: Single-Family Residential Figure 1: Subject parcels shown in red, via City of Scandia GIS EVALUATION OF THE REQUEST Staff Comments on the Variance Request Engineer The City Engineer noted the following:  Confirm with County the existing septic will accommodate the new cabin.  Construction will damage existing tree canopy, recommend requiring a tree replacement plan.  MnDNR shall review for compliance, specifically related to viewshed of the river way.  Grading plan shall be required prior to building permit issuance. Berggren Variance Staff Report September 20, 2022 Scandia City Council Page 3  All site work shall be within compliance of Washington Conservation District and Watershed District. Watershed The Carnelian Marine St Croix W atershed District Board conditionally approved the project at their June meeting. The conditional approval memo from the watershed dated 8/5/2022 is included in the meeting materials. NPS Based off the proposed plans, the NPS noted the project was permissible under the terms of the scenic easement present on the property. Wetlands A delineation of the wetlands near the cabin was conducted in 2021. 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. 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 the site. Since the proposed cabin would be a new structure, said structure would need to meet the minimum standards required in the Development Code such as setbacks, impervious surface coverage, etc. The property consists of two parcels. If the project is approved, it would be wise to require as a condition of approval to combine the two parcels into one. W hile the parcels (once combined) would not result in a conforming lot, it would remove the prop erty line that cuts through the yard currently. Setbacks The required setback from the St Croix River is 200 feet, as is required in the Lower St Croix River Bluffland & Shoreland Management Regulations. The steps of the new cabin would be 78’10” from the OHWL of the river. While this would be well within the 200 foot setback, this would be less of an encroachment of the current cabin, which is 74’6” from the OHWL. The Shoreland Management Chapter of the Development Code outlines required setbacks from wetlands. The wetland north of the cabin is a ‘Manage 1’ wetland, which requires a minimum setback of 75 feet. The wetland south of the cabin is a ‘Preserve’ wetland, which requires a 100 foot setback. The proposed cabin would be within both setbacks, as it will be 21’3” from the north wetland at its nearest point, and 16’1” from the south wetland at its nearest point. As with the river setback, these would be an increase compared to the current cabin, which is 14’5” from the south wetland and 17’9” from the north wetland. Table 1 summarizes the current and proposed conditions. Table 1: Comparison of existing and proposed conditions Setback from north wetland Setback from south wetland Setback from River Impervious surface coverage Existing 17’9” 14’5” 74’6” 15.7% Proposed 21’3” 16’1” 78’10” 16.7% Berggren Variance Staff Report September 20, 2022 Scandia City Council Page 4 Figure 2: Proposed site plan, with buildable area colored in red Non-conforming Lot The subject property is located within the AG C zoning district, as well as the St Croix River overlay zone. The minimum lot size for the AG C zone is 2-5 acres, or 20 acres or greater; the St Croix overlay zone utilizes the lot standards of the AG C zone. The subject property is less than an acre, so it is not conforming to the minimum lot size. The AG C zone also sets a minimum buildable area (areas outside of setbacks, waterbodies, and bluffs/steep slopes) of one acre, and a minimum frontage of 160 feet. The overlay zone sets a maximum impervious surface coverage of 20% of the lot. The property is meeting the impervious surface coverage currently, and will continue to be below the 20% threshold under the proposed plans. The size of the subject property being less than an acre means that the property is unable to conform to the buildable area requirement. Required setbacks cover most of the site, which leaves almost no portion of the site as buildable. As shown on Figure 2, a small portion of the property approximately 150 SF in size is located outside of a required setback area. The required setback from the river covers most of the property; the setback from the south wetland extends past the north side property line, while the setback from the north wetland extends south into a neighbor’s property. The site does not front a public street, so it is not conforming to the minimum frontage requirement; the site is able to access 197th Street through a private road that serves a number of other seasonal cabin lots in this neighborhood. Berggren Variance Staff Report September 20, 2022 Scandia City Council Page 5 Table 2: Summary of Variances required Required Proposed Variance Setback from north wetland 75’ 21’3” 53’9” Setback from south wetland 100’ 16’1” 83’11” Setback from River 200’ 78’10” 121’2” Minimum Lot Size 2-5 acres, or 20+ acres 0.81 acres 1.19 acres Minimum Frontage 160’ none 160’ Minimum Buildable Area 1 acre none 1 acre 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 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, vegetation, drainage ways, shorelands, and flood plain areas”. The small size of the lot, and locations of the existing well and septic systems limit areas to build on. The proposal by the applicant is to not encroach any closer to the river, or the wetlands, than the current cabin. By not encroaching more 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. Neighboring parcels are also occupied by seasonal cabins. 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 nearly all of the property being located within required setbacks, 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 within the 200 foot 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, with one of the wetlands running through the lot itself. The practical difficulties were not caused by the current landowner and are unique to the property. Berggren Variance Staff Report September 20, 2022 Scandia City Council Page 6  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. The new proposed cabin would be slightly smaller than the existing cabin, and would have slightly larger setbacks from the wetlands and the river as compared to the current 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.  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 practi cal difficulty. Most of the property is located within the required setback from the river and two wetlands; without a variance from those setback requirements the lot is unable to be used . The wetlands in close vicinity to the cabin are high in quality, so conditions could be added to ensure the wetlands are not negatively impacted. The small size of the property, combined with the locations of the well and septic systems, greatly limit potential locations of the cabin that would require smaller setback variance requests. Compared to the current cabin on the site, the new cabin would be set back further from both wetlands as well as the river. The requested variances appear to be the minimum actions required to eliminate the practical difficulty of the lot lacking space outside of required setbacks.  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 variances. ACTION REQUESTED The City Council can do one of the following: 1. Approve, with or without conditions 2. Deny, with findings 3. Table the request Berggren Variance Staff Report September 20, 2022 Scandia City Council Page 7 STAFF RECOMMENDATION The Planning Commission recommended approval of a 53’9” foot variance from the setback from a Manage 1 wetland, an 83’11” foot variance from the setback of a Preserve wetland, and a 121’2” foot variance from the setback from the OHWL of the St Croix River in order to construct a cabin on a nonconforming property, located at 16963 197th Street North. The following conditions for the variances are recommended: 1. The proposed location of the new cabin, including decks, patios and stairs, shall adhere to the proposed setbacks as indicated on the submitted plans. 2. The two parcels shall be combined onto one deed through the lot line adjustment process. 3. Applicants shall verify and demonstrate Washington County’s approval of the existing septic system to accommodate the new cabin. 4. The applicant shall secure applicable permits from the Watershed District, and comply with their requirements. 5. A grading plan and erosion control plan shall be submitted to the City for revie w 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. 6. The applicant shall secure any other applicable Federal, State, County, and local permits required for the project. 7. The applicant shall pay all fees and escrows associated with this application.