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08.b1 Resolution No. 2022-34 Maher Variance CITY OF SCANDIA, MINNESOTA CC RESOLUTION NO. 2022-34 APPROVING A VARIANCE FOR PARCELS 30.032.19.13.0006, 30.032.19.13.0008, 30.032.19.13.0032, AND 30.032.19.13.0033 WHEREAS, Melinda Maher has made an application for variances to remodel and construct an addition onto an existing nonconforming cabin, and construct a detached accessory structure within required setbacks of wetlands and the St Croix River, on property identified as PID 30.032.19.13.0006, 30.032.19.13.0008, 30.032.19.13.0032, AND 30.032.19.13.0033; and WHEREAS, the property is legally described as follows: See Attachment A; and WHEREAS, the Planning Commission reviewed the request for variances at a duly noticed Public Hearing on October 4, 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 of Variances to remodel and construct an addition onto an existing nonconforming cabin, and construct a detached accessory structure within required setbacks of wetlands, property lines, and the St Croix River, located at PIDs 30.032.19.13.0006, 30.032.19.13.0008, 30.032.19.13.0032, AND 30.032.19.13.0033, 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, wetlands, slopes, woodlands, vegetation, drainage ways, shore lands, and flood plain areas”. The small size of the lot, and locations of the wetlands, trees, existing cabin and septic greatly limit where one can build. The proposal by the applicant is to place the addition away from the river, which will prevent impact to existing trees south and east of the cabin and keep the project within what is allowed for the NPS Scenic easement that is applicable to the site. The detached garage would occupy the location that a small shed currently resides in. The structure would be large enough for one vehicle to park in it. Due to the required setbacks, the areas one can build a garage on this site at are very limited. The proposed remodel and addition, and detached garage appear to be in harmony with the Comprehensive Plan and the official controls. Conditions of approval are added in order to ensure the project does not negatively impact the existing natural features of the site. 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 CC Resolution No.: 2022-34 Page 2 of 5 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 of the site 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; the proposed improvements would be consistent with and maintain the current character of the surrounding area. Granting the variances for the garage or addition 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 wetland setbacks would be encroached by the proposed addition. Conditions are recommended to ensure the wetlands are not negatively impacted. The proposed garage is located where a small shed currently resides. The garage would be located within the setback of both wetlands, the river, and two property lines. Due to the unique characteristics of the site, and the intent of the applicant to make practical improvements to the site, the variances as requested appear to be the minimum action necessary to eliminate the practical difficulty of there being no buildable areas on the property. 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 project shall adhere to the site plan reviewed and approved, and received as part of this request. 2. The parcels for the property shall be combined onto one deed through the lot line adjustment process. 3. Applicant shall verify and demonstrate Washington County’s approval of the existing septic system to accommodate the remodeled 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 CC Resolution No.: 2022-34 Page 3 of 5 to be removed and added, in order to ensure that drainage is not directed to adjacent properties and proper erosion control measures are taken. a. A tree replacement plan shall be submitted to the City for review prior to issuance of a building permit, showing replacement of removed existing trees with new trees on the site. 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 18th day of October, 2022. _________________________________ Christine Maefsky, Mayor ATTEST: _________________________________ Ken Cammilleri, City Administrator CC Resolution No.: 2022-34 Page 4 of 5 Attachment A ALL THAT PART OF LOT 1, BLCOK 19, AND OF STEAMBOAT LANDING, IN THE PLAT OF REVISION OF VASA, AS SURVEYED AND PLATTED AND NOW ON FILE AND OF RECORD IN THE OFFICE OF THE REGISTER OF DEEDS IN AND FOR THE COUNTY OF WASHINGTON, STATE OF MINNESOTA, DESCRIBED AS FOLLOWS, VIZ: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1, THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT 1 A DISTANCE OF 53 FEET; THENCE EASTERLY ON A LINE PARALLEL WITH THE SOUTH LINE OF SAID LOT 1, A DISTANCE OF 142 FEET TO THE EAST LINE OF LOT 1 OVER STEAMBOAT LANDING A DISTANCE OF 100 FEET, MORE OR LESS, TO THE LOW WATER LINE OF THE WEST BANK OF THE ST CROIX RIVER A DISTANCE OF 85 FEET 9 INCHES, MORE OR LESS, SOUTH OF THE NORTHEASTERN CORNER OF THE STEAMBOAT LANDING; THENCE NORTHERLY ALONG THE WEST BANK OF THE ST CROIX RIVER A DISTANCE OF 85 FEET 9 INCHES, MORE OR LESS, TO SAID NORTHEAST CORNER OF SAID STEAMBOAT LANDING; BEING TO THE SOUTHEAST CORNER OF THE MILL RESERVE; THENCE WESTERLY ALONG THE NORTH BOUNDARY OF SAID STEAMBOAT LANDING A DISTANCE OF 100 FEET, MORE OR LESS, FROM THE LOW WATER LINE OF THE WEST BANK OF SAID ST CROIX RIVER TO THE SOUTHEAST CORNER OF LOT 7, (SAID CORNER BEING ALSO THE NORTHWEST CORNER OF SAID STEAMBOAT LANDING AND THE SOUTHWEST CORNER OF SAID MILL RESERVE); THENCE SOUTHERLY ON A LINE PARALLEL WITH THE LOW WATER LINE OF THE WEST BANK OF THE ST CROIX RIVER ALONG THE WEST LINE OF THE STEAMBOAT LANDING A DISTANCE OF 60 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 1; THENCE WESTERLY ON THE NORTH LINE OF SAID LOT 1 TO THE POINT OF BEGINNING, TOGETHER WITH ANY PART OR PORTION OF ANY STREET OR ALLEY ADJACENT TO SAID PREMISES HERETOFORE VACATED OR TO BE VACATED. AND ALL THAT PART OF LOT 1, BLCOK 19, AND OF STEAMBOAT LANDING, IN THE PLAT OF REVISION OF VASA, AS SURVEYED AND PLATTED AND NOW ON FILE AND OF RECORD IN THE OFFICE OF THE REGISTER OF DEEDS IN AND FOR THE COUNTY OF WASHINGTON, STATE OF MINNESOTA, DESCRIBED AS FOLLOWS, VIZ: BEGINNING AT A POINT 53 FEET SOUTH OF THE NORTHWEST CORNER OF LOT 1, THENCE SOUTHERLY ALONG THE WEST LINE OF LOT 2 A DISTANCE OF 5 FEET TO THE SOUTHWEST CORNER OF LOT 1; THENCE ALONG THE WEST LINE OF LOT 2 A DISTANCE OF 50 FEET TO THE SOUTHWEST CORNER OF LOT 2; THENCE EASTERLY ALONG THE SOUTH LINE OF LOT 2 A DISTANCE OF 50 FEET TO THE SOUTHWEST CORNER OF LOT 2; THENCE EASTERLY ALONG THE SOUTH LINE OF LOT 2 A DISTANCE OF 142 FEET; THENCE CONTINUING EASTERLY FROM SAID SOUTH LINE OF LOT 2 AS EXTENDED OVER AND ACROSS THE STEAMBOAT LANDING A DISTANCE OF 100 FEET, MORE OR LESS, TO THE LOW WATER LINE OF THE WEST BANK OF THE ST CROIX, BEING A POINT APPROXIMATELY 140 FEET 9 INCHES FROM THE NORTHEAST CORNER OF SAID STEAMBOAT LANDING; THENCE NORTHERLY ALONG THE WEST BANK OF THE ST CROIX RIVER A DISTANCE OF 55 FEET TO A POINT 85 FEET 9 INCHES, MORE OR LESS, SOUTH OF THE NORTHEAST CORNER OF SAID STEAMBOAT LANDING; THENCE WESTERLY PARALLEL WITH THE SOUTH LINE OF SID LOT 1; THENCE WESTERLY PARALLEL WITH THE SOUTH LINE OF SAID LOT 1 AS EXTENDED TO A POINT 5 FEET NORTH OF THE CC Resolution No.: 2022-34 Page 5 of 5 SOUTHEAST CORNER OF SAID LOT 1; THENCE WESTERLY PARALLEL WITH THE SOUTH LINE OF SAID LOT 1 A DISTANCE OF 142 FEET TO THE PLACE OF BEGINNING; BEING THE SOUTHERLY 5 FEET OF LOT 1 AND ALL OF LOT 2 AND THE 55 FEET OF THE STEAMBOAT LANDING RUNNING NORTHERLY ALONG THE WEST BANK OF THE ST CROIX RIVER ADJOINING SAME, TOGETHER WITH ANY PART OR PORTION OF ANY STREET OR ALLEY ADJACENT TO SAID PREMISES HERETOFORE VACATED OR TO BE VACATED, EXCEPT THAT PART CONVEYED IN BOOK 184 OF DEEDS, PAGE 105, SAID PART BEING THE SOUTH 25 FEET OF LOT 2, IN BLOCK 19, IN THE REVISION OF VASA, AND THAT PART OF “STEAMBOAT LANDING” IN REVISION OF VASA, LYING BETWEEN THE EASTERLY EXTENSIONS OF THE NORTH AND SOUTH LINES OF SAID SOUTH 25 FEET OF LOT 2, IN SAID BLOCK AND ADDITION, ACCORDING TO THE RECORDED PLAT THEREOF, TOGETHER WITH ANY PART OR PORTION OF ANY STREET OR ALLEY ADJACENT TO SAID PREMISES HERETOFORE VACATED OR TO BE VACATED.