Victoria council approves shoreline variance for pool at 6580 Astor Trail

The Victoria City Council on the evening approved a variance allowing a proposed pool and patio at 6580 Astor Trail to encroach up to 28 feet into the city’s 100-foot shoreline setback, with verification that any required Minnesota Department of Natural Resources (DNR) approvals be obtained.

The vote followed planner testimony that the homeowners requested the relief because the flattest buildable area on the lot lies between the house and Lake Virginia. "A pool being a part of a single-family home is a reasonable request ... and it is a permitted use," Associate Planner Travis Brierley told the council while outlining alternatives that staff and the applicant reviewed.

Council members spent more than an hour debating stormwater and shoreline protection measures, hearing technical testimony from the homeowners’ landscaping contractor and the city attorney. Nick Bloom of Outdoor Perfection said the proposed design uses engineered permeable pavers and captures roof gutters and downspouts so "they would... be in a better position for rain runoff than they are currently right now." City Attorney Brittany Bose warned that state and regional agencies have standing to sue if they believe a variance harms public resources, but she also noted the DNR is routinely notified on shoreland requests.

Why it matters: the lot at 6580 Astor Trail sits inside the shoreland overlay for Lake Virginia, where the city enforces a 100-foot setback measured from the ordinary high-water line. Granting a variance for permanent, impervious features inside that buffer can increase runoff to the lake unless mitigation is required and built. The planning commission recommended denial on the second hearing by a reported 6–1 vote; the council took additional evidence and testimony into account before acting.

Key facts and council direction: the applicant requested a 28-foot encroachment; they presented an alternate design that would encroach about 9 feet. The applicant proposes an 18-by-36-foot pool, permeable paving, and captured roof drains as primary mitigation. Staff said they had discussed the project with the DNR, Carver County, and the Minnehaha Creek Watershed District. The approved resolution requires verification that a DNR approval, if required, is obtained and allows staff to review the final site and stormwater plans.

Council members expressed differing views. Several members stressed the city’s shoreland protections and the need to avoid setting a precedent for other properties; others said the particular lot’s shape and topography create practical difficulties and that the mitigation proposed reduced environmental risk. After debate, a motion to approve the 28-foot encroachment (moved by Council Member Patterson) passed with one councilmember recorded in opposition; the motion included the condition that any required DNR approvals be verified.

Background: Staff said the parcel was created by a 2014 minor subdivision and has an unusual Y-shaped layout that limits buildable options. The planning commission held two public hearings, in February and March, before forwarding a denial recommendation to the council. The applicant and their contractors provided new stormwater information after the first hearing, which prompted the second hearing.

What’s next: City staff will review the final pool and patio construction plans and stormwater-mitigation details and confirm whether a DNR permit is required. If DNR review is required by state shoreland rules, the applicant will need to complete that separate permitting process before project construction proceeds.