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6.b Staff report_Westberg Variance PC 03.02.2021 Memorandum To: Scandia Planning Commission Reference: Westberg Variance Application Copies To: Brenda Eklund, Clerk Ken Cammilleri, City Administrator Mike Westberg, applicant/owner Project No.: 18108.000 Westberg Variance From: Evan Monson, Planner Routing: Date: February 26, 2021 SUBJECT: Variances for an addition and remodel to an existing non-conforming residential structure MEETING DATE: March 2, 2021 LOCATION: 12970 236th Street North, PID 04.032.20.13.0003 APPLICANT/OWNER: Michael and Amanda Westberg ZONING: General Rural (GR), Shoreland Overlay REVIEW PERIOD: March 30, 2021, 120-day May 29, 2021 ITEMS REVIEWED: Application and plans received January 29 2021 DESCRIPTION OF THE REQUEST: The applicant is looking to remodel and add onto an existing house on this property. The house is over 100 years old, and is located in the middle of the lot. The parcel abuts Sea Lake, which as a ‘Natural Environment’ Lake requires a 200 foot setback for structures from the Ordinary High Water Level (OHWL). An existing garage, partial remains of a barn, and a silo also are located within the 200 foot setback. The applicant would like to add onto the existing house, and add an attached garage. Additions to the house would be on the west side, and would not be encroaching closer to the lake than what is existing. The house is 142 feet from the OHWL, per the submitted survey. The Development Code for the city notes in Chapter One, Section 13.3(1) that a nonconforming structure that is “removed, destroyed or altered by any means to the extent that the cost of repair or replacement would exceed fifty percent (50%) of the appraised value of the original structure shall not be replaced, except in conformity with this Development Code. If a replacement structure cannot be placed on the lot meeting all current standards, the variance procedure must be followed.” With the applicant ’s project exceeding this 50% value threshold, the remodel of the residence therefore requires a variance be granted. Chapter Five of the Development Code (Shoreland Ordinance) notes a varia nce is needed when Westberg Variance Staff Report March 2, 2021 Scandia Planning Commission Page 2 additions or expansions to nonconforming structures does not meet setback requirements. Without moving the house, it then needs a variance from the setback requirements. PROPERTY INFORMATION Parcel description: 12970 236th Street is located in the northern portion of the cit y on the west side of Sea Lake; roughly half a mile from Lofton Avenue North. Sea Lake is classified as a ‘Natural Environment’ lake. The parcel is an irregular shape, totaling approximately 16.18 acres in size. The parcel is wooded throughout, with some slopes/inclines near the shore of the lake. There is an existing house on the site (referred to as the cabin in the appli cant’s narrative), an old garage, a recently built shed/shop; an old Quonset shed, an unused silo, and a half-razed barn. Zoning: General Rural, Shoreland Overlay Land use: Single-family Residential EVALUATION OF VARIANCE REQUEST Applicant’s Explanation of the Plan and V ariance Request “Keep existing setback from the lake, and leave part of the existing nonconforming 1868 log home and then build new house with an attached garage off of said log home . All new construction would be further away from the lake than the existing structure.” Staff Comments on the Variance Request Engineer The City Engineer provided the following comments during the review of the variance:  Assume property will use the current driveway access.  Grading plan shall be prepared and submitted for review. Perimeter erosion control shall be required.  Site improvements shall be in compliance with the Watershed District.  Proposed septic system/expans ion shall be permitted/approved through Washington County.  They should show a plan that includes the proposed house along with the structures that are being demolished. Demolition permit shall be executed. Watershed The Comfort Lake Forest Lake Watershed District provided the following comments: “This type of project and variance will trigger two District Permitting rules: 1. Erosion and Sediment control 2. Lake, Stream, and Wetland Buffer Requirements Due to the variance, the project will be required to install a lakeshore buffer and go before the District Board of Managers for approval.” DNR The Department of Natural Resources provided the following:  The East Metro Area Hydrologist did not have any issues with the request . Westberg Variance Staff Report March 2, 2021 Scandia Planning Commission Page 3 County Conservation District Jay Riggs with the Conservation District reviewed the plans and the site to determine if a wetland delineation is required. Based off aerial imagery, the National Wetlands Inventory (NWI) notes a possible wetland extending to just behind the exis ting garage on the parcel. Based off the elevation of the land, though, Jay was not sure if the NWI was accurate. A site visit when weather allows would allow Jay to verify whether the NWI is accurate or not . Figure 1 - Map with NWI layer in yellow. Elevation contours are in tan/brown. Development Code The Shoreland Ordinance (Chapter Five of t he Development Code) notes the minimum setback from the OHWL of a ‘Natural Environment’ Lak e is 200 feet for structures, and 150 feet for sewage treatment systems . The entire house, and a large portion of the lot above the OHWL, are within the 200 foot lake setback. Without moving the house 60 feet to the west, it is difficult to meet that lake setback. Chapter One of the Development Code (Section 13.3) notes the rules and regulations for nonconforming buildings and structures. Since this structure is already non-conforming to the lake setback , and said alteration would exceed the appraised value by 50%, a variance is triggered. The Shoreland Ordinance also c overs requirements for wetlands. Different wetlands have different setback requirements. The issue with the potential wetland indicated by the NWI is that the nonconforming house on the site could be within a required setback location from a wetland along with the setback from the lake. Westberg Variance Staff Report March 2, 2021 Scandia Planning Commission Page 4 ACTION REQUESTED The request at this time is to table the request until a determination on the extent of wetlands on the site can be made.