4.a Application for variance for 13424 182nd St.4214 r Street, 5vte 1500
Saint Paul, MN 55101
651 292.4400
lkda.com
TKDA
Memorandum
To: Scandia Planning
Commission
Copies To: Neil Soltis, City
Reference: 13424182 nd Street North
Variance Request
Administrator
Brenda Ecklund, City Clerk
James and Barb Riehle,
applicants
Project No.: 16322.010
From: Sherri Buss, RLA AICP, Routing:
Planner
Date: May 29, 2018
SUBJECT: Request for a Variance from Required Setbacks in Shoreland District
to construct a new home
MEETING DATE: June 5, 2018
LOCATION: 13424182 nd Street North
PID 3403220330008
APPLICANT: James and Barbara Riehle
10950 Norell Avenue North
Stillwater, MN 55082
ZONING: General Rural (GR) District and Shoreland Overlay District
60 -DAY PERIOD: July 13, 2018
ITEMS REVIEWED: Application, updated survey, and supplemental information received
May 14 and 21, 2018
BRIEF DESCRIPTION OF THE REQUEST:
The applicants are proposing to build a new home and related structures on a vacant parcel at
13424182 nd Street North, within the Shoreland Overlay District of Big Marine Lake. The
proposed home location would require a variance from the City for the required setbacks from
the roadway right-of-way and from the bluff line for the home and well, and from Washington
County for the size and location of the proposed septic system. The area of the parcel above
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13424 182nd Variance Request
Scandia Planning Commission Page 2 June 5, 2017
the Ordinary High Water Level (OHWL) is approximately 0.30 acres, and it is located in the
General Rural (GR) District and the Shoreland Overlay District of Big Marine Lake, a
Recreational Development Lake.
BACKGROUND
The applicants are proposing to construct a new home, septic system and well, and driveway on
the parcel at 13424 182nd Avenue North. The proposed location of the home and septic system
require a variance from the dimensional standards in the Shoreland Ordinance:
• The proposed home location is approximately 17 feet from the roadway right-of-way.
The required setback is 40 feet.
• The proposed structures are located on the bluff, and would not meet the required 30'
setback from the bluff line. The entire parcel is located within the bluff area on slopes
greater than 18'.
• The proposed well is located approximately 5' from the roadway right-of-way, and the
required structure setback is 40 feet.
The proposed septic system requires a variance from the standards in the County's Subsurface
Septic System (SSTS) Ordinance. The applicants have applied to Washington County for the
necessary variances, and the County has stated that it will grant the variances if the City grants
the variances required for the proposed location of the structure.
EVALUATION OF VARIANCE REQUEST
Comprehensive Plan
The Comprehensive Plan describes the General Rural District as a residential area of mixed lot
sizes. The Plan supports single-family residential uses in the GR District, and states that overall
density in the District should meet the Metropolitan Council requirement of no more than 1
housing unit per 10 acres, but acknowledges that there are a significant number of existing
smaller parcels in the District, that areas around the lakes in Scandia that do not meet the lot
size and density standard, and that this will continue.
The Comprehensive Plan includes goals to protect the water resources in the City through
enforcement of the City's ordinances, including the Shoreland ordinance. The Comprehensive
Plan also includes goals to protect bluffs and steep slopes from the impacts of development.
The proposed conditions for approval require that the applicants obtain and comply with City
and Watershed Permit requirements to manage stormwater runoff, construction on the slopes,
and potential erosion and sedimentation in order to be consistent with the goals and policies of
the Comprehensive Plan for uses in the General Rural and Shoreland Overlay Districts. The
applicants have located the house and driveway as close to the roadway as possible, to
maintain the required setbacks from the OHWL of Big Marine Lake. Protecting the lake is
higher priority than maintaining the setback from the roadway right-of-way. If the applicants
obtain the required permits and meet the conditions, the proposed use will be in harmony with
the goals of the Comprehensive Plan and official controls.
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13424 182nd Variance Request
Scandia Planning Commission Page 3 June 5, 2017
Development Code Requirements: Lot Size and Setbacks
The area of the applicants' parcel that is above the OHWL is approximately 13,244 square feet
in size (approximately 0.3 acres) and is a legal nonconforming lot in the Shoreland Overlay
District.
The table that follows identifies the required setbacks in the Shoreland Ordinance and the
applicants' proposed setbacks:
Structure
OHWL
Setback
Required
Bluff
Setback
Required
ROW Setback
Required
Side
Setback
Setback
Proposed
Building
100'
100'
Building
30'
0'
Building
40'
17'
Building
10'
10.3 and 12.3'
Septic System
75'
75'
Septic System
30'
0'
Septic System
40'
55'
Septic System
10'
10'
Well
40'
5'
The proposed home and well require a variance from the required setback from the roadway
right-of-way, and the home and septic system require a variance from the required setback from
the bluff line.
Accessory Structures
There are no existing or proposed accessory structures on the parcel.
Lot Coverage
The Shoreland Overlay District permits up to 25% lot coverage. The surveyor calculated the
proposed impervious cover to be 16.3%. The proposed structures meet the impervious cover
requirement of the ordinance.
Building Height
The maximum structure height permitted in the Shoreland Overlay District is 35 feet. The
applicants estimate that the building will be approximately 25 feet in height. The conditions for
approval require that the building inspector shall verify that the proposed structure height meets
the ordinance reauirement.
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13424 182nd Variance Request
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Driveway Access
The site plan includes a proposed driveway. The City Engineer's comments included the
following conditions for the proposed driveway:
• The applicants shall provide a detailed grading plan that includes the grades for the
proposed driveway. The existing grades in the driveway area appear to be around 23%.
My concern is what the driveway/garage floor opening elevation will be as they try to
match the road elevation, and what the height from the driveway to the east side of the
driveway will be.
Wastewater Treatment and Well
The applicants are proposing a new well and septic system. The proposed system will require a
variance from Washington County to accommodate a system that will work on the steep slopes
on the parcel. The County provided the following comment to the applicant regarding the septic
system: "Our department has reviewed your application for a subsurface sewage treatment
system for property described as Geo Code: 3403220330008. In order to continue to process
your permit, we will need you to submit an approved variance, approved by the City of Scandia
for setback requirements as outlined below:
• Variance from the required setback from occupied buildings -10 feet for septic tanks
and 20 feet for drain fields. (The proposed trenches are 10' from the house.)
• Variance from the required setback from the bluffline: 30 feet. "
The County also commented as follows: "Our main concerns are system operation and public
health/safety. Having the system closer to the home than the ordinance requires is not optimal,
but shouldn't impact its operation in this case. Due to the steepness of this lot and that the
proposed 2 -bedroom house is a walkout, the trenches will be several feet lower than the lowest
level of the house, and therefore shouldn't pose a health risk to the home or its occupants.
Other than the setbacks, the design falls under the `standard' Type 1 system requirements."
The proposed septic system location meets the setback requirements from the OHWL of the
lake (75) and from the proposed well location (50'). The proposed well location requires a
variance from the required setback from the roadway right-of-way in order to meet the required
separation from the septic system.
The City Engineer proposed the following conditions for the septic system and well:
• Washington County shall review the proposed septic system locations and related sewer
work, and the applicant shall obtain all necessary County approvals.
• The Minnesota Department of Health shall review the proposed well and related work
and the applicants shall obtain all necessary approvals.
Vegetation
The Shoreland Ordinance permits vegetation alteration necessary for the construction of
structures and sewage treatment systems under validly -issued permits. The ordinance also
requires that vegetation clearing be limited in shore and bluff impact zones and on steep slopes,
except to provide a view to the water from the principal dwelling and accommodate the
placement of stairways or pathways.
7
13424 182nd Variance Request
Scandia Planning Commission Page 5
June 5, 2017
The Planner has included a condition for approval that the applicants shall identify the areas on
the plan for proposed vegetation removal and protection. Vegetation may be removed for
construction of the home and related structures, but existing vegetation outside the area
required for construction shall be preserved and protected from construction impacts. The
grading plan shall identify the vegetated areas that shall be protected, best management
practices that will be implemented to protect the vegetation outside the areas disturbed for
construction, and the timetable and methods for stabilizing the disturbed areas in the short and
long-term.
Stormwater Management and Watershed District Comments
The Planner sent the application to the Carnelian -Marine -St. Croix Watershed District
(CMSCWD) for comments. The Planner has not received comments from the CMSCWD to
date. Any comments received will be provided to the Planning Commission at the public
hearing on June 5. The Planner has included a condition for approval that the applicants shall
obtain all required Watershed District permits.
The City Engineer provided the following comments and recommended conditions related to
stormwater management:
• The applicants shall provide a detailed aradina and stormwater manaaement plan to the
City for review and approval by the City Engineer.
• To prevent drainage onto adjacent properties, the owners shall provide and complete
grading along the side lot lines to direct drainage onto their parcel, and depending on the
roof pitch direction, should consider installing gutters and rain leaders.
• Soil piles from the excavation for the proposed work shall be handled with care. Material
should be hauled off-site immediately, or stored in a manner that has perimeter
protection.
• All erosion control devices must be installed before any construction work begins.
The Planner included the Engineer's proposed conditions for approval of the variance request.
DNR Comments
The Planner sent the application to the DNR for review and comments but has not received any
comments from the agency to date. Any comments received will be provided to the Planning
Commission at the public hearing on June 5.
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 in the Development Code include:
1. The applicant proposes to use the property in a reasonable manner not permitted by the
Development Code.
I
13424 182nd Variance Request
Scandia Planning Commission Page 6 June 5, 2017
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.
Applicant's Rationale for the Variance and Discussions with the City
The applicants' survey notes that the entire parcel is within the bluff setback area, and therefore
any development of structures on the parcel will require a variance from the bluff setback
requirements. The applicants noted the following:
• The proposed home and septic system locations meet the required setback from the
OHWL and the location requires a variance from the roadway setback. This is
consistent with previous city approvals that prioritize the lakeshore setback over the
setback from the roadway ROW.
• The proposed septic system location is the area on the parcel where the slope is the
shallowest and where the system is down -hill from the house.
Variance Request and Findings
The following bullets include the Planner's findings related to the Reihle request for a variance.
Each of the criteria is shown in italics:
• Variances shall only be permitted when they are in harmony with the Comprehensive
Plan and general purposes and intent of the official control.
The proposed residential use is consistent with goals and policies for the General Rural
District in the Comprehensive Plan and general purposes and intent of the Development
Code. The Comprehensive Plan and Shoreland Ordnance include policies to preserve
steep slopes and meet setback requirements. The proposed variance preserves the
required separation between the lake and the house and septic system, and between
the septic system and proposed well, by granting a variance from the required structure
setback from the roadway. The entire parcel at 13424 18211 Street North is located
within the bluff area, and it is not possible to develop a residential use on the parcel
without a variance from the bluff setback requirement. The conditions for approval
require that the applicants complete a detailed grading plan for City approval, and that
they obtain all required permits for grading, erosion and sediment control from the City
and Watershed District.
• The property owner proposes to use the property in a reasonable manner under the
conditions allowed by official control(s).
7
13424 182nd Variance Request
Scandia Planning Commission Page 7 June 5, 2017
Single-family residences are permitted in the General Rural District and Shoreland
District, and are a reasonable use on the parcel.
• The practical difficulties are not caused by the landowner, and are unique to the
property.
The practical difficulties are unique to the property, and include the bluff that exists over
the entire parcel, the location of soils and slopes best suited to the septic system
location, and the existing size of the parcel. The parcel could not be developed for the
proposed use without a variance. The practical difficulties were not created by the
landowner.
• The variance would not alter the essential character of the area.
Granting the variance from the setback from the roadway right-of-way and bluffline
would not alter the character of the area. The neighborhood includes homes of similar
sizes and locations.
• Economic conditions alone shall not constitute practical difficulties.
The practical difficulties are not related to economic conditions alone, but are caused by
the bluffs that occupy the entire parcel, the location of soils and slopes suitable for the
proposed septic system, and the small size of the existing parcel.
• 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 residential use will not impair the supply of light or air to adjacent
properties or 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 practical
difficulty.
The requested variance is the minimum action required to develop a residential use on
the parcel. The proposed primary structure, septic system and well locations preserve
the required setback from the OHWL of Big Marine Lake and the required separation
between the septic system and well by granting a variance from the required setback
from the roadway right-of-way. A variance is required from the bluff setback for the
development of any structures on the property because the entire property is located on
a bluff.
• 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.
7
13424 182nd Variance Request
Scandia Planning Commission Page 8 June 5, 2017
The findings support granting the variance.
ACTION REQUESTED:
The Planning Commission should receive public comments at the hearing on June 5, discuss
the variance request, and can recommend the following:
1. Approval
2. Approval with conditions
3. Denial with findings
4. Table the request
PLANNING STAFF RECOMMENDATIONS:
The Planner recommends that the Planning Commission recommend approval of a variance to
permit the construction of a new single family dwelling that is a minimum of 16.9 feet from the
roadway right-of-way and a well that is approximately 5 feet from the roadway right-of-way on
the parcel at 13424 182nd Street North. The variance permits construction of the home and
related structures with a setback of 0.0 feet from the bluffline. The Planner recommends the
following conditions for the variance:
1. The development of the parcel shall be consistent with the Certificate of Survey provided
to the City on May 21, 2018.
2. The applicants shall obtain Washington County's approval of the variance needed for the
subsurface sewage treatment system (SSTS) and obtain all required approvals for the
system and its construction.
3. The applicants shall submit a detailed grading and stormwater management plan for
approval by the City Engineer prior to approval of the building permit. The plan shall
include the grades for the proposed driveway, and shall show the proposed
driveway/garage floor opening elevation.
4. The applicants shall identify the areas on the plan for proposed vegetation removal and
protection. Existing vegetation outside the area that will be disturbed for construction of
the home shall be preserved and protected from construction impacts. The grading plan
shall identify the vegetated areas that shall be protected, the best management practices
that will be implemented to protect the vegetation outside the areas disturbed for
construction, and the timetable and methods for stabilizing the disturbed areas in the
short- and long-term.
5. To prevent drainage onto adjacent properties, the applicants shall provide and complete
grading along the side lot lines to direct drainage onto their parcel, and depending on the
roof pitch direction, should consider installing gutters and rain leaders.
6. Soil piles from the excavation for the proposed work shall be handled with care. Material
should be hauled off-site immediately, or stored in a manner that has perimeter
protection.
7. All erosion control devices shall be installed before any construction work begins.
7
13424 182nd Variance Request
Scandia Planning Commission Page 9 June 5, 2017
8. The applicants shall obtain a building permit for the proposed development of the site.
The building inspector shall verify the height of the structure is consistent with the
Shoreland Ordinance requirement.
9. The applicant shall obtain the required permit(s) for the new well and related work from
the Minnesota Department of Health.
10. The applicant shall obtain any required Watershed District permits.
11. The applicant shall pay all fees and escrows associated with the variance application.
7
Scale In Feet
LEGEND
CERTIFICATE OF SURVEY
Nrol
1 � o
`G 'o, PGS/ ,� 1 ,
• FOUND MONUMENT
® TELEPHONE PEDESTAL
UTILITY POLE
�w PROPOSED WELL (MINIMUM 50 FT. FROM
SEPTIC AND 3 FT. FROM STRUCTURE)
Lot Areas (square feet)
Total Area above OHW 13,244
House and Garage 1,664
Concrete drive and sidewalk 491
2,155
PROPOSED IMPERVIOUS = 16.3%
PROPERTY SUMMARY
EXISTING DESCRIPTION (Document No. 3993424)
Lot 7 of Herbert Engquist Subdivision, Washington
County, Minnesota.
1. Subject property identification number is 3403220330008, the parcel is vacant.
2. Soil Test Area based on mapping done by Brian Humpal, Inspect Minnesota & Midwest Soil Testing
651-492-7550. Test Area as shown = 4,460 sq.ft.
3. The subject property is zoned Shoreland Overlay District, per City of Scandia.
Buidling Setbacks are as follows: Septic Setbacks are as follows:
182nd St. North = 40 ft. Tank Treatment Area
Side lot line = 10 ft. Buildings = 10 ft. 20 ft.
OHW line = 100 ft. Blufflines = 20 ft. 20 ft.
4. The slope across the parcel exceeds 18% to the edge of the roadway. The building setback is shown
graphically from the lot line.
5. Elevations shown hereon are based on the NGVD 29 Datum
DATE: MAY 11, 201'8
DATE
AMENDMENTS
BY
PREPARED FOR: BARBARA RIEHLE
SCALE: AS SHOWN
W I DS ET H SMITH N 0 LT I N G
May 18, 2018
Septic - OHW Dimension
KLJ
I HEREBY CERTIFY THAT THIS SURVEY, PLAN, ORIR ORT WAS PREPARED BY
ME OR UNDER Y DIRECT SUPERVISION AND M A DULY LICENSED
DRAWN BY: KLJ
LAND SURV N R THE LAWS OF TH AT FMI NESOTA
CHECKED BY: KLJ
Kelly L. Jordan ATE: 05-11-2018 LIC. NO. 42648
t Engineering I Architecture I Surveying I Environmental
_\
FILE NUMBER: 1290FOO98.001
b.eklund@ci.scandia.mn.us
From: JB RIEHLE <wildhockeyfans@msn.com>
Sent: Monday, May 7, 2018 12:26 PM
To: b.eklund@ci.scandia.mn.us
Subject: Fw: Septic System Permit Application
From: JB RIEHLE <wildhockeyfans@msn.com>
Sent: Monday, May 7, 2018 8:35 AM
To: b.eklund@ci.scandia.mn.us
Subject: Fw: Septic System Permit Application
Brenda,
I am looking for some direction with this.
Forwarding to you via email for a point of discussion.
I will be in touch.
Thank you,
Barbara Riehle
651-275-9484
wildhockeyfans@msn.com
From: Joe Sanders <Joe.Sanders@co.washington.mn.us>
Sent: Friday, May 4, 2018 4:33 PM
To: 'wildhockeyfans@msn.com'
Subject: Septic System Permit Application
Dear Mr. Riehle,
Our department has reviewed your application for a subsurface sewage treatment system for property described as Geo
Code: 3403220330008.
In order to continue to process your permit we will need you to submit an approved variance, approved by the City of
Scandia for setback requirements as outlined below:
The Application indicates a setback of 10 feet from the soil treatment area to the building and setback to the bluff on the
secondary system will be less than 20 feet.
Section 16.2, Table V, of Washington County Ordinance #196 states in relevant part: Table V—
Minimum
Sewage
Soil
Setback
Tank
Treatment
Distances
Dispersal
(Feet)
Area
Occupied
10
20
buildings and
buildings with
basements or
crawl spaces
Shoreland 20 20
Blu/Jlines
Once we have the approved variance we will proceed to process your application.
If you have any questions please contact me.
Have a good weekend,
Joe Sanders I Environmental Specialist
Washington County Department of Public Health & Environment
14949 62nd St N, Room 4600 1 Stillwater MN 55082
W 651-430-6679 8 651-430-6730
Ejoe.Sanders@co.washington.i-nn.us