08.b1 Resolution No. 2022-31 Beggren Variance
CITY OF SCANDIA, MINNESOTA
CC RESOLUTION NO. 2022-31
APPROVING A VARIANCE FOR PARCELS 30.032.19.13.0034 & 30.032.19.13.0009
LOCATED AT 16963 197TH STREET NORTH
WHEREAS, Ben Olk and Kristen Berggren has made an application for a variance to
construct a cabin on a nonconforming property within the required setbacks of wetlands and the
St. Croix River, on property identified as PID 30.032.19.13.0034 & 30.032.19.13.0009; and
WHEREAS, the property is legally described as follows:
Parcel 1:
PART STEAMBOAT LANDING COMMENCING AT THE SE CORNER OF LOT 6
BLOCK 19 REVISION OF VASA PLAT & RUNNING THENCE NORTH ON THE
WEST LINE OF SAID STEAMBOAT LANDING A DISTANCE OF 100 FT TO THE
NE CORNER OF LOT 5 BLOCK 19 OF SAID REVISION OF VASA PLAT RUNNING
THENCE IN A STRAIGHT LINE BEING A CONTINUATION OR EXTENSION OF
THE NORTH LINE OF LOT 5 BLOCK 19 AFORESAID TO THE LOW WATER MARK
OF THE ST CROIX RIVER THENCE SOUTHERLY ALONG THE SHORE OF THE ST
CROIX RIVER A DISTANCE OF 100 FEET THENCE IN A STRAIGHT LINE TO THE
POINT OF BEGINNING SUBJECT TO SCENIC EASEMENT
Parcel 2:
LOTS 4-6, BLOCK 19, REVISION OF VASA, TOGETHER WITH THAT PART
VACATED 2ND STREET LYING NORTH OF COLUMBUS STREET AND
IMMEDIATELY ADJACENT TO LOTS 4, 5 & 6 BLOCK 19 IN THE REVISION OF
VASA PLAT; and
WHEREAS, the Planning Commission reviewed the request for variances at a duly
noticed Public Hearing on September 6, 2022, and recommended that the City Council approve
the variances with conditions;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should
and hereby does approve 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, based on the following findings:
1. 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,
CC Resolution No.: 2022-31
Page 2 of 3
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 than the setback
of the existing cabin, the request appears to be in general harmony with the
Comprehensive Plan and Development Code.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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
CC Resolution No.: 2022-31
Page 3 of 3
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.
8. The variance is not related to a need for direct sunlight for solar energy systems.
FURTHER BE IT RESOLVED that the following conditions of approval shall be met:
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 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.
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.
Adopted by the Scandia City Council this 20th day of September, 2022.
_________________________________
Christine Maefsky, Mayor
ATTEST:
_________________________________
Ken Cammilleri, City Administrator