08.b Draft minutes 10-04-2022 Planning Commission
October 4, 2022
The Scandia Planning Commission held their regular monthly meeting on the above date with
modifications. The meeting was conducted in-person and virtually over an electronic platform.
All participants who joined the meeting remotely could hear each other and contribute to
discussions.
Vice-Chair Kirsten Libby called the meeting to order at 7:08 p.m. The following were in
attendance: Commissioners Laszlo Fodor, Kirsten Libby, Mike Lubke, Perry Rynders. Absent:
Chair Jan Hogle. Staff present: City Planner Evan Monson, City Administrator Ken Cammilleri,
and City Clerk Brenda Eklund. City Council member Jerry Cusick was also present.
PUBLIC FORUM
There were no public comments.
APPROVAL OF AGENDA, MINUTES
Commissioner Libby announced an addition to the agenda, a request by Shannon Mulvehill to
extend the term of a variance to construct a garage at 19235 Larkspur Avenue. The topic will
follow the public hearing. Rynders, second by Lubke, moved to approve the agenda as
amended. Motion carried unanimously.
Rynders, second by Lubke, moved to approve the September 6, 2022 minutes as presented.
Motion carried unanimously.
INTRODUCTION OF PLANNING COMMISSIONERS
The Commissioners each gave a brief introduction of themselves.
PUBLIC HEARING: VARIANCES FROM SETBACK REQUIREMENTS FOR A
DETACHED GARAGE AND FOR AN ADDITION ONTO AN EXISTING STRUCTURE
AT 16955 197TH STREET NORTH. MELINDA MAHER, APPLICANT. PC
RESOLUTION NO. 2022-13
Planner Monson described the variance application from Melinda Maher to remodel an existing
seasonal cabin on her property at 16955 197th Street North. Along with a remodel, an addition of
450 square feet on the west end of the current cabin is proposed, and a small detached garage to
be constructed on the west end of the site. Monson explained that the property consists of
multiple parcels that total just under an acre in size; if combined they are nonconforming to the
minimum lot size required in the Ag Core zoning district. A small wetland resides on the west
end of the property, while another wetland is to the north of the property. A small shed and
outhouse reside on the site as well, proposed for removal as part of this project.
Planner Monson stated that there are multiple setbacks from property lines and a nearby wetland
which require variances. The required setback from the St Croix River is 200 feet; nearly all of
the property is within 200 feet of the ordinary high-water level (OHWL) of the river.
A detailed list of required and proposed setbacks was in a table in the staff report.
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Table 1: River and wetland setbacks:
Setback from north
wetland
Setback from west
wetland
Setback from River
Cabin – Existing 26’
Variance of 49’
64’
Variance of 11’
87’11”
Variance of 112’1”
Cabin – Proposed
West Addition
14’5”
Variance of 60’7”
39’4”
Variance of 35’8”
119’
Variance of 81’
Proposed Detached
Garage
52’1”
Variance of 22’11”
15’5”
Variance of 59’7”
194’
Variance of 6’
Table 2: Property line setbacks:
Setback from side line
(north)
Setback from side
line (south)
Setback from front line
(west)
Cabin – Existing 2’1”
Variance of 17’11”
>40’ 106’
Cabin – proposed
west addition
7’0”
Variance of 13’
>40’ 81’1”
Proposed Detached
Garage
>55’ 5’1”
Variance of 14’11”
10’1”
Variance of 29’11”
Monson reported that the City Engineer and the Watershed District had provided comments on
the proposed project that should be incorporated if the variance is approved. The National Park
Service provided a letter that the submitted plans would be in compliance with the scenic
easement.
Planner Monson concluded with a recommendation to approve the variances to remodel the
cabin as the minimum actions required to eliminate the practical difficulty of the lot lacking
buildable area, but explained that findings could not support criteria for the proposed cabin
addition and detached garage, as they do not appear to be the minimum actions necessary.
Monson stated that it is not a unique difficulty not to be able to have a garage on a site, as it is
not uncommon for small properties such as this one to not have a garage on them. Findings and
conditions to approve the remodel were presented in a resolution, including that the parcels for
the property shall be combined onto one deed through the lot line adjustment process.
Vice Chair Libby opened the public hearing at 7:24 p.m.
Melinda Maher, 16955 197th Street, thanked the Commission and staff. Maher questioned the
statement that the addition and garage may not be the minimum action required for the
difficulties of the property. Maher explained that the garage will replace an existing shed and
outhouse, with the garage size as the bare minimum for one car. Maher said the addition is the
minimum action for a small kitchen and bathroom facility in the cabin. Maher clarified other
points made in the staff report, that the property is on a public thoroughfare with road frontage.
Administrator Cammilleri noted this correction, but is not the minimum frontage required for a
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lot this size. Maher also explained that the septic system, replaced in 2020, will accommodate the
new plumbing of the remodeled cabin.
Vice-Chair Libby asked that the record make note of the five written letters of support from
neighboring residents that were received for the public hearing.
Three were no further comments and Vice-Chair Libby closed the public hearing at 7:31 p.m.
Commissioner Rynders said he agreed with staff recommendations. The existing cabin is 720
square feet; adding another 450 square feet is large. The addition will be within the setbacks, and
he is concerned about this. Rynders said he is however empathetic to having a garage, especially
by removing the existing shed and outhouse.
Vice-Chair Libby said that based on the Commission’s site visit, she sees that the project will not
alter the essential character of the area; there is good screening from the riverway, with no other
placement on the property to have the garage and not be seen from the river.
Commissioner Fodor asked if Maher plans to rebuild the steps toward the river. Maher said yes,
the steps will be replaced with the same setback from the river.
The criteria and required process for considering variance requests was discussed, particularly
what minimum action would be necessary to keep the historic character of the property. Libby
stated that the addition for kitchen and bathroom amenities, along with a usable garage, is
keeping the historic character of the cabin, saying she sees this as the minimal action.
Commissioner Rynders said the cabin is already 720 square feet in size, and finds this as
reasonable space for living area for this environment along the river; the cabin has the ability to
have what is being proposed for the addition. Rynders suggested reducing the size of the garage
by removing its bathroom.
Commissioner Fodor said he supports keeping the garage size but to remove the bathroom.
Maher was asked what purpose a second bathroom in the garage serves. Maher said the house is
quite small, with guests currently using the outhouse which will be removed. The bathroom
garage will replace the outhouse. Maher said she is amenable to the concept, but anxious about
the size and features within the cabin. Maher said she does need an addition. Commissioner
Rynders said he is looking to minimize the impacts of disturbing the site, saying he does
appreciate needing more room, but this amount may not be necessary.
Questions about the neighbor’s access were addressed. Driveway placement was clarified by
showing the survey and aerial view of the property, with staff confirming that there will be
continued access for the neighbor to the south.
Commissioners continued to discuss the size of the addition, with Commissioners Fodor, Libby
and Lubke saying they were comfortable with the size. Commissioner Rynders said if a vote to
approve the addition and garage is proposed, they need to make necessary changes to the
resolution.
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The Commissioners and staff identified amendments to the findings of fact to support the
applicant’s project. The garage and addition do not alter the essential character of the area in
finding #3 (strike the third sentence from the end and the last sentence). Reword finding #4 that
granting the variances would not alter the essential character of the area. Reword finding #7 with
language to support the garage and addition as the minimum action. Amend condition #1 to
replace “remodel” with “proposed project”.
Rynders, second by Fodor, moved to adopt PC Resolution No. 2022-13, as amended to
approve variances for a remodel, addition and garage for Parcels 30.032.19.13.0006,
30.032.19.13.0008, 30.032.19.13.0032, & 30.032.19.13.0033. Motion carried 4-0 by roll call
vote.
The recommendation to approve the variances will be presented to the City Council at their
meeting on October 18, 2022.
ADDITION: REQUEST TO EXTEND A VARIANCE TO CONSTRUCT A GARAGE AT
19235 LARKSPUR AVENUE, SHANNON MULVEHILL
Staff received a request from Shannon Mulvehill, 19235 Larkspur Avenue North, for an
extension to a variance to construct a garage within setbacks, initially approved in 2018.
Mulvehill had the variance extended administratively for one year, then extended for another 3
years by the Council in 2019, set to expire in February 2023. Mulvehill cited the many
challenges of supply chain issues, securing a contractor, and family health matters that have
become problematic to her project. The property currently has no garage for parking or storage.
Administrator Cammilleri explained that the ordinance language has confusing elements in the
current code’s expiration provision; the language being somewhat unclear and ambiguous on the
number of allowed extensions.
Shannon Mulvehill, 19235 Larkspur Avenue, addressed the Commission and explained the
hardships she has encountered in renovating her home, requiring unexpected costs. In 2020,
Covid hit with shortages and difficulty in securing contractor obligations. Mulvehill said she has
been unable to move forward with the garage, saying a garage is a necessity. Mulvehill said she
has spent hours trying to get the project started and cannot line up the work before February
2023.
Administrator Cammilleri advised the Commission to consider if the criteria in Chapter One,
Section 6.7 is met in order to offer an extension, has the applicant demonstrated a good faith
attempt, and does the city have the legal authority to grant an extension.
Vice-Chair Libby said that it is difficult to get building done these days. Commissioner Rynders
said the language appears to give authority to grant an extension, agreed to by Commissioner
Lubke.
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In considering the term for another extension, Cammilleri said the practice has been a maximum
of 3 years depending on the nature, but 2 years would be reasonable here. Commissioner
Rynders said they should propose an extension to June 30, 2024.
Rynders, second by Libby, moved to recommend to the City Council that the Variance for
19235 Larkspur Avenue be extended to June 30, 2024. Motion carried 4-0 by roll call vote.
The recommendation to extend the variance will be presented to the City Council at their
meeting on October 18, 2022.
DISCUSSION ON SOLAR FARM MORATORIUM AND STUDY
Planner Monson summarized the community survey results on commercial solar farms. There
were 207 responses (5% of the city population) intended to give a snapshot of opinions on the
solar installations. Monson said comments were mixed regarding the issue, as there were
respondents who were strongly supportive of solar farms, as well as respondents strongly in
support of not allowing additional solar farms. There was a slight preference to add more
restrictions to new solar farms, using larger lots and further setbacks from the roads.
Incorporating plantings and crops with solar farms improved respondent’s views on solar farms.
Chair Hogle provided written comments on the survey results, noting the low response rate does
limit conclusions.
Commissioner Rynders said solar energy is an important component of addressing current issues,
but the Council is concerned with public perception, as shown in the survey results. Rynders said
he is not comfortable only relying on survey results, and questioned if they should go to the
Council for direction in continuing to study the solar ordinance; it’s challenging to formulate a
recommendation based on survey results.
Administrator Cammilleri said the survey results have found a divided community, and it makes
it unclear what direction to go – they thought there would be more clear direction from the
community based on the results.
Commissioner Lubke said visibility and screening are problems with existing solar sites, and
suggested they form a subcommittee to contact the developers to improve the existing screening.
Cammilleri said forming subcommittees is difficult for the small staff size we have.
There was consensus among the Commission to table further discussion on the solar farm study
for the next meeting.
DISCUSSION ON TINY HOUSES
The topic of tiny houses was recommended by Chair Hogle to be on the agenda. Administrator
Cammilleri explained that they are allowed, just not on an axle defined as a recreational vehicle;
the structure must be permanently affixed to the ground.
By consent, the Commissioners tabled this topic to the next meeting.
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CITY COUNCIL UPDATES
Planner Monson reported the following actions by the City Council at their meeting on
September 20, 2022.
• Approved Variances to replace an existing cabin with a new cabin, located at 16963
197th Street with the conditions as recommended by the Commission.
• Adopted the new Unified Development Code, and will adopt a new zoning map to
accompany the new code at the October 5, 2022 Council Work Session. New
development and applications will have to adhere to the new code once a summary is
officially published in the city’s legal newspaper on October 12th, per the resolution
passed by the City Council.
FUTURE ITEMS: Next meeting – November 1, 2022
A variance application is planned for the next meeting.
ADJOURNMENT
Rynders, second by Lubke, moved to adjourn the meeting. Motion carried 4-0.
The meeting adjourned at 9:19 p.m.
Respectfully submitted,
Brenda Eklund
City Clerk