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Saint Paul,MN 55101
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TKDA
Memorandum
To: Scandia City Council Reference: Krueger Variance Application,
Kristina Handt, City City of Scandia
Administrator
Copies To: John Krueger, Applicant
Project No.: 15253.016
From: Sherri Buss, RLA AICP, Routing:
Planner
Date: July 3, 2013
SUBJECT: Krueger Variance Application
MEETING DATE: July 16, 2013
LOCATION: 12199 205th Street North
Scandia, Minnesota
APPLICANTS: John Krueger
ZONING: General Rural District and Shoreland Zone
60-DAY PERIOD: August 10, 2013
ITEMS REVIEWED: Application and Plan received June 10, 2013
BRIEF DESCRIPTION OF THE REQUEST:
The applicant is seeking to build a swimming pool and hot tub between the existing home on the
property and Big Marine Lake. The proposed location for the pool is within the required
structure setback from the lake.
The parcel includes 5.09 acres. The property is located in the General Rural (GR) District and
within the Shoreland Zone of Big Marine Lake, a Recreational Development Lake.
DETAILED EVALUATION OF THE VARIANCE REQUEST:
Comprehensive Plan
The Comprehensive Plan indicates that the General Rural District includes areas of mixed lot
sizes, and will continue to do so. Single-family residential uses, including accessory uses, are
An employee owned company promoting affirmative oction and equal opportunity
Krueger Variance Staff Report
Scandia City Council Page 2 July 16, 2013
supported in the GR District. The plan recommends that the General Rural Area be developed
at a maximum density of four dwelling units per 40 acres, with a minimum allowed lot size of 2
acres. The Shoreland Overlay District also permits single-family residences and accessory
structures.
The proposed use of the propertv is consistent with the qeneral qoals of the Comprehensive
Plan for the General Rural District and Shoreland Overlay District.
Deve/opment Code Requirements: Lot Size and Setbacks
The applicants' lot includes 5.09 acres. The General Rural District requires a minimum lot size
of 2.0 acres, and the Shoreland Overlay District requires that existing lots on Recreational
Development Lakes such as Big Marine Lake meet the lot size requirements of the underlying
district. The lot meets the lot size requirement.
The required setbacks in the Shoreland Overlay District for Big Marine Lake (a Recreational
Development Lake) include the following:
• Right-of-Way Line of a Public Street: 40 feet
• Side: 10 feet
• Structure setback from the Ordinary High Water Level (OHWL): 100 feet
The applicant is proposinq to locate the swimminq pool structure approximately 60 feet from the
OHWL of the lake. The proposed hot tub is located closer to the lake than the pool on the
concept plan. The proposed swimminq pool structure and hot tub require a variance. The
proposed structures meet the side lot line and right-of-way setback requirements.
The applicant reviewed other options for potential location of the structures. Sites that would
meet the setback requirement from the OHWL are occupied by the home, driveway, and the
primary and secondary septic fields. A location to the east of septic area #2 (shown on
attached plan) would be a long distance from the house, limiting view of the pool and creating
safety concerns, and would require the removal of existing trees. Preservation of natural
vegetation is a goal in the Shoreland Overlay District.
Accessory Structures
The Development Code allows one non-agricultural accessory structure up to 720 square feet in
size on lots less than 1 acre in size. The property includes one existing shed. No new
accessory structures are proposed with the variance application. The proposed plan meets the
accessorV structure requirements.
Lot Coverage
The Shoreland District allows impervious coverage up to 25% of the area of the parcel that is
above the Ordinary High Water Level (OHWL). The applicant did not provide an analysis of lot
coverage with the application.
The Planner utilized the Washington County aerial photo of the property to determine the
approximate lot coverage of the existing structures and hard surfaces. The current lot coverage
is approximately .6 acres, or 12 percent, of the area above the OHWL. The addition of the pool
would increase the coverage to approximately 12.5 percent. The proqosed lot coveraqe is
within the ordinance requirement.
1
Krueger Variance Staff Report
Scandia City Council Page 3 July 16, 2013
Building Height
No new buildings are proposed.
Wastewater Treatment
The proposed expansion does not require additional wastewater treatment on the parcel.
Stormwater Management and Land Alteration
No alteration is shown in the grades on the site, and no grading plan was included with the
application. However, construction of the pool structure and hot tub will require grading to
create a flat area. Areas to the south and east of the pool include significant slopes. While the
slopes do not meet the definition of"bluffs" or "steep slopes" in the Shoreland District
regulations, care will be required to avoid creating steep or unstable slopes when the pool area
is graded.
The Planner sent the application to the Carnelian-Marine Watershed District and the Minnesota
DNR for review and comment. District staff noted that it is likely that the proiect will reauire
Watershed District Permits for bluffs, stormwater manaqement and erosion control, and the
conditions require that the applicants obtain anv required permits from the District.
The City's ordinance requires that the applicants obtain a land alteration and grading permit if
1,000 square feet or more of land area will be disturbed for the proposed pool and hot tub. The
applicant should obtain the land alteration and qradinq permit if the land disturbance exceeds
1 000 square feet. The Planninq Commission included a condition that the applicant shall
submit the qradinq plan for the site to the City for approval bv the City Enqineer before a
buildinq permit maY be issued.
Landscape Plan and Tree Rep/acement Requirements
No landscape plan is required for the expansion. The Minnesota DNR staff suggested that the
City could consider requiring screening for the proposed pool if noise or activity is likely to
impact other lakeshore owners.
Some mature trees may need to be removed to construct the pool structure and hot tub. The
Shoreland Overlay District regulations do not allow removal of healthy trees over six (6) inches
in diameter at a point fifty-four inches above ground level (dbh) within the required building
setback without replacement. The applicant will be required to submit a tree replacement plan
that identifies anv healthy trees that are qroposed for removal within the setback area that are
over 6 inches dbh and proposed replacement trees (1:1 replacement). The plan must be
a�proved bv Citv staff before a buildina permit mav be issued.
CRITERIA FOR VARIANCES AND FINDINGS
Chapter 1, Section 6.0 of the Development Code includes the criteria and required process for
considering variance requests.
Variances may only be granted when the terms of the variance are consistent with the
Comprehensive Plan and in harmony with the general purpose and intent of the development
code. The other variance criteria include:
1. The applicant proposes to use the property in a reasonable manner not permitted by the
Development Code.
7
Krueger Variance Staff Report
Scandia City Council Page 4 July 16, 2013
2. The plight of the landowner is due to circumstances unique to the property not created
by the landowner.
3. The variance, if granted, will not alter the essential character of the locality.
4. Economic conditions alone shall not constitute practical difficulties.
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.
6. The required variance is the minimum action required to eliminate the practical difficulty.
7. Practical difficulties include, but are not limited to, inadequate access to direct sunlight
for solar energy systems.
The applicant is requesting a variance from the Shoreland Overlay District regulations to place a
swimming pool and hot tub within the required structure setback from Big Marine Lake. The
required setback is 100 feet. The structure is proposed to be located approximately 60 feet
from the OHWL. The applicanYs variance rationale is that the proposed location is the only
potential location due to location of existing buildings, driveway and septic system on the parcel,
the need to have the pool reasonably close to the home, and the goal to maintain existing
vegetation on the property. The current owner did not create those conditions.
Findings
The following bullets present the Planner's findings related to the Krueger request for a
variance, based on the statutory criteria for granting a variance. Each of the criteria is shown in
italics:
• Variances shall only be permitted when they are in harmony with the general purposes
and intent of the official control.
The Comprehensive Plan supports single-family residential uses in the General Rural
District and Shoreland District. Accessory structures such as swimming pools are
permitted in the GR District and Shoreland District. The proposed use is in harmony
with the general purposes and intent of the Comprehensive Plan.
• The property owner proposes to use the property in a reasonable manner under the
conditions allowed by official control(s).
Single Family Residences and accessory structures are reasonable uses in the General
Rural District and Shoreland Overlay District.
• The practical difficulties are not caused by the landowner, and are unique to the
property.
The proposed location of the pool is based on the location of the existing home,
driveway and septic system, the desire to have the pool within a reasonable distance
from the home and viewable from the home for safety. Constructing the pool in a vacant
location that could meet the setback requirement from the OHWL would require removal
of existing trees, which conflicts with Shoreland Overland District goals to preserve
7
Krueger Variance Staff Report
Scandia City Council Page 5 July 16,2013
natural vegetation. The practical difficulties were not caused by the landowner and are
unique to the existing development and vegetation on the property.
• The variance would not alter the essential character of the area.
The applicants' home is near other residential structures that have a variety of accessory
structures. The proposed use would not alter the essential residential character of the
area.
• Economic conditions alone shall not constitute practical difficulties.
The practical difficulties are related to the shape of the existing lot, location of existing
structures, septic system and vegetation. 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.
The proposed variance will not impair the supply of light or air to adjacent properties. It
will not increase congestion, endanger the public, or substantially diminish or impair
property values in the neighborhood.
• The required variance is the minimum action required to eliminate the practical difficulty.
The proposed pool structure will be 60 feet from the OHWL. The hot tub should be
relocated to maintain at least the same 60-foot setback from the OHWL. Some
separation is needed between the pool and the other structures and septic system, so
the proposed location provides as much separation from the lake as possible without
impacting other structures. The variance is the minimum action needed to eliminate the
practical difficulty.
• 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.
PLANNING COMMISSION PUBLIC HEARING AND DISCUSSION
The Planning Commission held a public hearing on the application at its July 2�d meeting.
Neighbors noted concerns about potential impacts of lighting and noise on surrounding
properties. The Planning Commission discussed those concerns, noted that the lack of a
certificate of survey made evaluation of setback and slope issues difficult, and noted concerns
about potential slope impacts as the area is graded to accommodate the pool. They also
concluded that the hot tub should be relocated so that it meets the same setback as the pool, as
there is ample area available around the pool structure to relocate the hot tub and maintain as
much of the lake setback as possible. The Planning Commission recommended approval of the
variance and added conditions related to the following issues:
1
Krueger Variance Staff Report
Scandia City Council Page 6 July 16,2013
• Require a certificate of survey to verify setbacks before approval of the building permit.
• Require that the hot tub be relocated to maintain the same setback as the pool.
• Require that light sources be focused on the pool and not reflect light onto surrounding
properties.
• Require that the applicant maintain the existing screening between the pool and the
lake, and replace any trees lost to meet the Shoreland Overlay District requirements.
• Require that the applicant submit a grading plan for review by the City Engineer before a
building permit may be approved.
ACTION REQUESTED:
The City Council can recommend the following:
1. Approval
2. Approval with conditions
3. Denial with findings
4. Table the request
PLANNING COMMISSION RECOMMENDATIONS:
The Planning Commission recommends that the City Council approve the proposed variance
from the required setback from the Ordinary High Water Level (OHWL) of Big Marine Lake to
allow construction of the proposed swimming pool structure and hot tub at 12199 205th Street
North at a minimum of 60 feet from the OHWL. The Planning Commission recommends the
following conditions for the variance:
1. The location of the pool structure and hot tub shall be in general compliance with the
sketch plan submitted to the City on June 10, 2013. The applicant shall relocate the hot
tub to be at least 60 feet from the OHWL. The variance allows construction of a
swimming pool structure and hot tub no closer than 60 feet from the OHWL of Big
Marine Lake.
2. The applicant shall submit a certificate of survey to the City for review and approval
before a building permit may be approved.
3. The applicant's surveyor shall survey and stake the location of the proposed pool
structure and hot tub for review and approval by the building inspector before
construction begins.
4. The applicant shall submit a grading plan to the City for approval by the City Engineer
before a building permit may be approved.
5. The applicant shall maintain the existing screening between the pool structure and the
lake to the extent feasible. If any healthy trees within the setback area that are more
than six (6) inches in diameter measured at a point fifty-four inches above ground level
are proposed for removal to construct the pool structure and hot tub, the applicant shall
complete a landscape plan that shows the trees proposed for removal and replacement
trees, and obtain the City's approval of the plan before the building permit may be
approved.
1
Krueger Variance Staff Report
Scandia City Council Page 7 July 16, 2013
6. The applicant shall obtain a Building Permit and Land Alteration Permit from the City
prior to construction of the swimming pool and hot tub.
7. The applicant shall obtain the required Watershed District permits for buffers and for
storm water management and erosion control, and provide a copy of the approved
permits to the City.
8. The applicant shall locate and focus any lighting for the pool area on the pool and deflect
light away from surrounding residential properties.
9. The Applicant shall pay all fees and escrows.
7
CITY OF SCANDIA, MINNESOTA
RESOLUTION NO. 07-16-13-01
APPROVING A VARIANCE FOR 12199 205T" STREET NORTH
WHEREAS,John Krueger has made an application for a Variance to allow construction
of swimming pool structure and hot tub approximately 60 feet from the ordinary high water level
of Big Marine Lake, which does not meet the required 100-foot structure setback from the
OHWL; and
WHEREAS, the property is legally described as follows:
Lot 3, Block 1, Maxwill Bay Subdivision; and
WHEREAS, the Planning Commission reviewed the request for the Variance at a duly
noticed Public Hearing on July 2, 2013 and recommended approval of the Variance; and
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 the variance to allow construction of a swimming pool structure and
hot tub a minimum of 60 feet from the Ordinary High Water Level of Big Marine Lake based on
the following findings:
1. Granting the requested variance is in harmony with the Comprehensive Plan goals and
policies for the General Rural District and Shoreland Overlay District.
2. The proposed single-family residential use and structures are a reasonable use of the
property under the Development Code.
3. The proposed location of the pool is based on the location of the existing home, driveway
and septic system, the desire to have the pool within a reasonable distance from the home
and viewable from the home for safety, and the goal to preserve existing natural
vegetation on the property. These practical difficulties were not caused by the landowner
and are unique to the property.
Resolution No.: 07-16-13-01
Page 2 of 3
4. The proposed expansion is consistent with the essential character of the surrounding
General Rural District and Shoreland Overlay District.
5. The practical difficulties are related to the shape of the existing lot, the location of the
existing home and septic system, and the goal to preserve existing natural vegetation.
The practical difficulties are not due to economic conditions alone.
6. The proposed variance will not impair an adequate supply of light and air to adjacent
properties, substantially increase the congestion of public streets, increase the danger of
fire or endanger public safety or substantially diminish or impair property values in the
neighborhood.
7. The requested variance is the minimum needed to maintain as much separation as
possible from the lake as well as from the existing buildings and septic system, while
providing a reasonable location for the pool.
8. The practical difficulty was not related to inadequate access to direct sunlight for solar
energy systems; and
FURTHER BE IT RESOLVED, that the following conditions of approval shall be met:
1. The location of the pool structure and hot tub shall be in general compliance with the
sketch plan submitted to the City on June 10, 2013. The applicant shall relocate the hot
tub to be at least 60 feet from the OHWL. The variance allows construction of a
swimming pool structure and hot tub no closer than 60 feet from the OHWL of Big
Marine Lake.
2. The applicant shall submit a certificate of survey to the City for review and approval
before a building permit may be approved.
3. The applicant's surveyor shall survey and stake the location of the proposed pool
structure and hot tub for review and approval by the building inspector before
construction begins.
4. The applicant shall submit a grading plan to the City for approval by the City Engineer
before a building permit may be approved.
5. The applicant shall maintain the existing screening between the pool structure and the
lake to the extent feasible. If any healthy trees within the setback area that are more than
six (6) inches in diameter measured at a point fifty-four inches above ground level are
proposed for removal to construct the pool structure and hot tub, the applicant shall
complete a landscape plan that shows the trees proposed for removal and replacement
trees, and obtain the City's approval of the plan before the building permit may be
approved.
Resolution No.: 07-16-13-01
Page 3 of 3
6. The applicant shall obtain a Building Permit and Land Alteration Permit from the City
prior to construction of the swimming pool and hot tub.
7. The applicant shall obtain the required Watershed District permits for buffers and for
storm water management and erosion control, and provide a copy of the approved permits
to the City.
8. The applicant shall locate and focus any lighting for the pool area on the pool and deflect
light away from surrounding residential properties.
9. The Applicant shall pay all fees and escrows.
Adopted by the Scandia City Council this 16th day of July, 2013.
Randall Simonson, Mayor
ATTEST:
Kristina Handt, Administrator/Clerk
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7. Brief Description of Request: (attach sepurute sheet if necessary)
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8. Project Name: / /
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I hereby apply for consideration of the above described request and declare that the information and materials submitted
with this application are complete and accuratc. I understand that no application shall be considered complete unless
accompanied by fees as required by city ordinance. Applications for projccts requiring more than one type of review
shall include the cumulative total of all application fees specified for each type of review. I understand that applicants
are required to reimburse the city for all out-of-pocket costs incurred for processing, reviewing and hearing the
application. These eosts shall include,but are not limited to: parcel searches; publication and mailing of notices;review
by the cit��'s engineering,planning and other consultants; legal costs,and recording fees. An escrow deposit to cover
these costs will be collected by the city at the time of application. The minimum escrow deposit shall be cumulative total
of all minimum escrow deposits for each type of review required for the project,unless reduced as provided for by
ordinance. The city may inerease the amount of the required escro«�deposit at any time if the city�s costs are reasonably
expected to exceed the minimum amount. Any balance remaining after review is complete will be refunded to the
applicant. No interest is paid on escrow deposits.
PLEASE NOTE: If the fee owner is not the applicant, the applicant must provide written authorization by the fee
owner in order for this application to be considered complete.
Property Fee Owner Sign re(s) Date:
��� � �o z0,�3
�
Applicant Sign urc(s) Date:
For City Use Only
Application Fees: � I SD JUN 1 12013
Escrow Deposit: � 3 � 5 GTY OF SCANDIA
APPLICATION FOR PIANNING AND ZONING REQUEST,DESCRIPTION OF REQUEST:
1 was planning on having a 25x50 foot pool and 8x8 foot hot tub installed in my yard facing the lake. I
have discussed this proposal with Sherri Buss, RLA,AICP.
Please see the diagram which was included with this application.
The reasons for requesting a pool and hot tub within 100 feet of the high water mark are:
1. The high water mark is at elevation 942.2. This is very old high water mark on this lake that was
determined before the water outlet was installed on the south end of the lake. Due to this water outlet,
it is no longer possible for the water level to ever reach this level again.
2. The site for the pool is still 60 feet away from the high water mark. The hot tub would be
approximately 10 feet away from the pool. The hot tub would be at the same elevation as the pool.
3. The pool and hot tub elevation is a lot higher than the water level and the high water mark;they
would be 12.8 feet higher than the high water mark(955 pool elevation-942.2). Therefore,we would
not have to worry about the lake water level ever affected the pool/hot tub. Also,the actual water lake
level since we have lived at this residence is 80-100 feet further than the high water mark. We have
never seen it get closer than to the high water mark than this.
4. The elevation of the pool/hot tub location is not 20 feet above the high water mark,so there
would be no problems with set backs from bluff issues/concerns. {if it was 20 feet or more, bluff set
back would be a concern).
5. It would be ecstatically looking to have the house's large windows and large deck facing the pool
on this side lake of the house. Plus,we would not want a pool facing the road.
6. On the south side of the house is a septic system. On the north side of the house is a driveway
and another septic system. Beyond that,to the north it is heavily wooded lot. We are trying to
preserve some of the trees on the property. There are not many trees between the house and the lake.
So the proposed location for the pool/hot tub would be the best location to avoid trees on the property.
Also, I believe the pool must be 20 feet from any septic or drain field. This would make the proposed
location for pool and hot tub even more appropriate.
7. The hard/impervious cover requirements would not be an issue for this pool/hot tub since the
property is located on 7.75 acres.
8. Also the property is long and skinny,with a road way on one side and the lake on the other side.
The proposed location for the pool is at the widest part of the property(widest area between the road
and the lake).
9. Given the required set back of 40 feet from the road and the location of the driveway,there is
no space to put a pool between the house and the road.
Given the location of the house,driveways,septic systems,the road and the lake,this proposed location
for the pool and hot tub would be the most appropriate area for practical and as well as ecstatic
reasons.
If you have any questions or concerns, please contact me.
John Krueger
(651)707-5748
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