08-06-2019 Planning Commission
August 6, 2019
The Scandia Planning Commission held their regular monthly meeting on the above date.
The following were in attendance: Commissioners Greg Amundson, Perry Rynders and Chair
Dan Squyres. Absent: Commissioners Jan Hogle and Travis Loeffler. Staff present: City
Planner Merritt Clapp-Smith and Deputy Clerk Brenda Eklund. City Council liaison Jerry
Cusick was also present.
Chair Squyres called the meeting to order at 7:01 p.m.
APPROVAL OF AGENDA, MINUTES
Rynders, seconded by Amundson, moved to approve the agenda as presented. The motion
carried 3-0.
Rynders, seconded by Amundson, moved to approve the June 4, 2019 meeting minutes as
presented. The motion carried 3-0.
PUBLIC HEARING: VARIANCE FROM THE RIGHT-OF-WAY TO CONSTRUCT A
SECONDARY DWELLING UNIT AT 18640 OLINDA TRAIL. MARSCHALL SMITH,
APPLICANT (PC RESOLUTION NO. 08-06-19-01)
Marschall Smith is proposing to add an accessory dwelling unit (ADU) on property he owns at
18640 Olinda Trail, a 20-acre farmstead with existing agricultural outbuildings. The proposal
for the ADU meets the requirements for a secondary dwelling unit, but its location requires a
variance from the development code that accessory structures must be at least 200-feet from the
road right-of-way on lots 5 acres or more when the structure cannot be located to the rear or
sideyard of the primary residence. The proposed location measures 138’ from the right-of-way
of Olinda Trail.
Planner Clapp-Smith provided an evaluation of the request. Four existing agricultural structures
on the property do not meet right-of-way setbacks and are legally nonconforming. The proposed
location of the secondary dwelling is further back than some of these and is compatible with the
farmstead look of this agricultural property. The location of large trees and slopes of the
property limit location options. Clapp-Smith reported that neither Washington County nor the
Carnelian-Marine Watershed had concerns regarding the variance request. Regarding the
requirements of the secondary dwelling, Clapp-Smith reported that it meets the ordinance
requirements to be administratively approved with conditions that well and septic service are in
accordance with state, county and city requirements.
Planner Clapp-Smith recommended approval of the variance request with findings and four
conditions written into a resolution. The practical difficulties of the property were not created by
the property owner, and the proposed location would not alter the character of the area.
Conditions stated that all other permits must be obtained for adding an accessory dwelling unit.
Chair Squyres opened the public hearing at 7:11 p.m.
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Barb Lawson, property owner of 18640 Norrell Avenue had questions about accessory dwelling
units. Squyres explained that only one secondary unit is allowed per property, and the applicant
is requesting the variance to construct it closer to the road than allowed; the location will avoid
removal of historic trees.
There were no other comments, and Chair Squyres closed the hearing at 7:19 p.m.
Commissioner Amundson said the location fits in well with the grouping of existing buildings;
three existing structures are closer to the road than this one will be.
Commissioner Rynders stated that at the site visit it appeared that there is a location behind the
lilacs that meets the 200’ setback, making a variance unnecessary. Mr. Smith explained that this
location would require removal of a treasured box elder tree that he is protecting. Chair Squyres
reasoned that approval of the variance will not affect views from the roadway or adjacent
properties, accommodates the future septic connection, offers tree preservation, and fits into a
traditional farm grouping of structures; the effect of the variance is minor on the public. Squyres
said he supports saving the tree with minimal impact, and encourages accessory dwelling units
on properties. Commissioner Amundson voiced his agreement.
Squyres, seconded by Amundson, moved to adopt PC Resolution 08-06-19-01, Approving a
Variance for 18640 Olinda Trail North as presented. The motion carried 3-0.
The recommendation of approval will be presented to the City Council at their August 20th
meeting.
PUBLIC HEARING: VARIANCE FROM THE 75-FOOT WETLAND SETBACK FOR A
SEPTIC SYSTEM AT 11565 239TH STREET. GARY GESKE, APPLICANT (PC
RESOLUTION NO. 08-06-19-02)
Gary Geske, on behalf of the property owners, has applied for a variance from the 75-foot
wetland setback to install a replacement septic system serving an existing residence at 11565
239th Street. The proposed location measures approximately 65-feet from the estimated edge of
the wetland.
Planner Clapp-Smith provided an evaluation of the request. The lot it 3.58 acres in size. The
slopes, poor soils and large trees limit other locations on the property to locate a septic system
that meets the required wetland setback. Washington County staff measured the approximate
edge of the wetland. The proposed location is the only area on the parcel where the system can
be placed near the home on soils that are suitable for an operating septic system and to meet the
setback from the existing well. The City Engineer deferred review to the Comfort Lake Forest
Lake Watershed for controls on grading and drainage adjacent to a wetland, but the Watershed
had not yet provided comments on the application.
Planner Clapp-Smith recommended approval with findings and five conditions written into a
resolution. The practical difficulties of the property, and the necessity of a septic system to
support the residential use of the property were found to be grounds for approval. Conditions
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included the setback to be no less than 65’ (Condition #2) and required Watershed, wetland and
septic permits (Conditions #3-4) be obtained.
Chair Squyres opened the public hearing at 7:33 p.m. There were no comments and the hearing
was closed.
The Commissioners discussed their site visit and estimated the edge of the wetland to be closer
than 65’ to the marked septic area of the edge of the future berm. Since there is no other
reasonable location on the property for the septic system, Planner Clapp-Smith recommended to
remove Condition #2 and reword condition #1 that development of the property for the septic
system replacement is consistent with the plans submitted on July 16, 2019.
Mr. Geske answered a question that the existing septic tanks will be collapsed and filled with
sand upon abandoning the old septic site.
Amundson, seconded by Squyres, moved to adopt PC Resolution 08-06-19-02, Approving a
Variance for 11565 239th Street North as amended. The motion carried 3-0.
The recommendation of approval will be presented to the City Council at their August 20th
meeting.
PUBLIC HEARING: AMENDMENTS TO THE DEVELOPMENT CODE REGARDING
ACCESSORY STRUCTURES
Over the past several months, the Planning Commission has studied the accessory structure
ordinance to re-evaluate the standards in relation to the number and size of structures allowed,
particularly for smaller structures such as animal shelters, garden and tool sheds, and children’s
playhouses. Planner Clapp-Smith presented a draft ordinance for the formal public hearing and
noted the significant changes:
• Structures 150 square feet or smaller are exempt from a building permit, increased from
the current 120 square feet.
• Increased the square footage of accessory structures on parcels up to 20 acres; increased
the number and square footage on parcels greater than 20 acres.
• Removed the lot size requirement for the historic accessory structure exemption.
Chair Squyres opened the public hearing at 7:44 p.m.
Cindy Johnson, 18599 Langly Avenue said she is in support of larger structures. Asked for
clarification that 150 ft2 structures do not need building permits, but do count as an allowed
accessory structure. Those sheds less than 120 ft2 are not counted towards allowed structures.
Hannah Weber, 21087 Olinda Trail recommended that a limit be placed on the number of
structures less than 120 ft2 for one property, as the ordinance presented appears to allow an
unlimited amount. Weber said she has concerns that the small sheds could be habitable and used
as a residential unit. Planner Clapp-Smith said that they are covered under the definition of an
accessory dwelling unit and would need to meet the standards of the building code. It was
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clarified that the ordinance applies to residential accessory structures and that the Architectural
Guidelines for commercial structures would not apply.
Chad Feldman, 13383 205th Street said he is very much in favor of the increased allowances.
Hannah Weber asked if the ordinance applies to structures physically attached to a building.
Planner Clapp-Smith clarified that the ordinance regulates detached accessory structures.
There were no other comments and Chair Squyres closed the hearing at 8:05 p.m.
The Commissioners discussed putting limits on the number of allowed small sheds less than 120
ft2. The Commissioners agreed to a maximum of 6 sheds on properties less than an acre, up to 12
on parcels between one and five acres, and unlimited on parcels greater than five acres.
Squyres, seconded by Rynders, moved to recommend to the City Council the ordinance
amendments pertaining to accessory structures with the addition of the recommended
limits for number of small sheds less than 120 square feet. The motion carried 3-0.
The recommendation of approval will be presented to the City Council at their August 20th
meeting.
FUTURE AGENDAS
Commissioner Amundson noted the closing of area businesses and his concerns regarding these
losses. Planner Clapp-Smith explained that once the final Comprehensive Plan is adopted, the
City will be looking at zoning and the development code in the future. There is potential for
rezoning to more commercial, smaller lot sizes, and business friendly ordinance changes.
Planner Clapp-Smith announced that she will be absent for the September 3rd Planning
Commission meeting. Unless an application needing a public hearing is received by next week’s
deadline, the Commissioners agreed to hold off their next meeting until October.
A public hearing on the Capital Improvement Plan will be held this fall.
ADJOURNMENT
Rynders, seconded by Amundson, moved to adjourn the meeting. The motion carried 3-0.
The meeting adjourned at 8:27 p.m.
Respectfully submitted,
Brenda Eklund
Deputy Clerk