7.b)3) TKDA Memo-Mann Variance Application .. � . b� 3)
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TKDA
Memorandum
To: Scandia City Council Reference: Mann Variance Application,
Kristina Handt, City City of Scandia
Administrator
Copies To: Sherri and Charles Mann,
owners
Project No.: 15253.017
From: Sherri Buss, RLA AICP, Routing:
Planner
Date: July 10, 2013
SUBJECT: Mann Variance Request for a Storage Building
MEETING DATE: July 16, 2013
LOCATION: 18180 Olinda Avenue North
Scandia, Minnesota
APPLICANTS: Sherri and Charles Mann
ZONING: General Rural District and Shoreland Zone
60-DAY PERIOD: August 10, 2013
ITEMS REVIEWED: Application and Plan received June 11, 2013
BRIEF DESCRIPTION OF THE REQUEST:
The applicants are requesting a variance to build a new storage building that would replace an
existing building on the property. If the building is permitted, there would be a total of 3
accessory structures on the property, and the total square footage would be 2,936 square feet.
The number and total area of structures would exceed the allowance for properties between 5.0
and 10.0 acres, and therefore requires a variance.
The property includes 8.6 acres. Approximately 8.2 acres of the lot are above the Ordinary High
Water Level. The property is located in the General Rural (GR) District and within the
Shoreland Zone of Big Marine Lake, a Recreational Development lake.
An employee owned company promoting affirmative action and equal opportunity
Mann Variance Staff Report
Scandia City Council Page 2 July 16, 2013
DETAILED EVALUATION OF THE VARIANCE REQUEST:
Comprehensive P/an
The Comprehensive Plan indicates that the General Rural District includes areas of mixed lot
sizes, and will continue to do so. The Plan supports single-family residential uses, agricultural
uses, and natural resource conservation activities 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 agricultural uses and accessory structures, and supports maintenance and
restoration of native shoreland vegetation.
The proposed uses of the property, and existinq lot size are consistent with the qoals of the
Comprehensive Plan for the General Rural District and Shoreland Overlav District.
Deve/opment Code Requirements: Lot Size and Setbacks
The applicants' lot is approximately 8.6 acres in total size, with 8.2 acres above the Ordinary
High Water Level of Big Marine Lake. 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 meet the lot size requirements of the underlying district The lot meets the
size requirements of the General Rural District and Shoreland Overlay District.
The required setbacks in the Shoreland Overlay District for Big Marine Lake (a Recreational
Development lake) and the underlying General Rural District include the following:
• Front or Right-of-Way Line of a Public Street: 40 feet
• Side: 10 feet
• Rear: 50 feet
The Shoreland Overlay District requires that structures be setback a minimum of 100 feet from
the Ordinary High Water Level of Recreational Development Lakes.
The proposed structure would be located approximately 400 feet from the right-of-way of Olinda
Avenue, approximately 50 feet from the nearest side lot line, and approximately 700 feet from
the OHWL of Big Marine Lake. The proposed structure meets the setback reauirements.
Accessory Structures
The Development Code allows two accessory structure up to 2,500 square feet in size on lots
that are between 5.0 acres and 10.0 acres in size.
The applicants are proposing to build a new 40'x50' steel accessory building (2000 square feet)
to replace a pole barn structure (26'x36') that was damaged by a storm in the spring of 2013
and removed. The applicants are proposing to retain two existing accessory structures on the
property that total 936 square feet. The applicants are proposing that they be permitted to have
three accessory structures totaling 2,936 square feet. The proposed structures would exceed
the number of structures allowed by 1, and the total square footage allowed by 436 square feet.
The qroposed number and size of accessorv structures reauires a variance, which is analyzed
in a later section.
1
Mann Variance Staff Report
Scandia City Council Page 3 July 16,2013
The Development Code requires that no detached accessory structure shall be located closer to
the road right-of-way than the principal structure on a lot, unless the following conditions are
met:
• The accessory structure is at least 200 feet from the road right-of-way on lots of 5 acres
or more, and
• All setbacks are met.
The proposed structure would be located approximately 400 feet from the road right-of-way, and
the lot is 8.6 acres in size. The aroposed structure meets the_conditions, and therefore does not
require a variance to be located closer to the road riqht-of-way than the primary structure.
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 applicants did not submit a coverage
analysis, so the Planner completed the analysis based on the plan provided.
The size of the lot above the OHWL is approximately 8.2 acres (357,192 square feet). The
existing lot cover (house, two accessory structures and driveway) is approximately 3.5% of the
area above the OHWL. With the proposed structure, the coverage would be approximately
4.2% of the area above the OHWL. The proposed plan meets the ordinance requirement for lot
coveraqe.
Building Height
The applicants indicated that the new building will be 25' in height. The maximum building
height permitted in the General Rural District and Shoreland District is 35'. The qroqosed
buildinq meets the ordinance heiqht requirement.
Wastewater Treatment
The proposed expansion does not require additional wastewater treatment on the parcel.
Stormwater Management and Land Alteration
No alteration is proposed in the grades on the site.
The Planner sent the application to the Carnelian-Marine Watershed District and the Minnesota
DNR for review and comment. Any agency comments received before the Planning
Commission meeting will be presented at the meeting on July 2. The proiect mav require a
Watershed District Permit, 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 construction of the proposed
building. The applicants should obtain the land alteration and qradinq permit if the land
disturbance exceeds 1,000 square feet.
Landscape Plan
No landscape plan is required for the expansion.
7
Mann Variance Staff Report
Scandia City Council Page 4 July 16,2013
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.
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 applicants are requesting a variance from the Development Code requirements to have 1
more accessory structure and a larger total square footage of accessory structures than the
Code permits on lots between 5 and 8 acres in size. The applicanYs variance rationale is as
follows:
• The additional accessory structure area is needed to support agricultural activities on the
property, and equipment that is used for the applicants' efforts to restore the lakeshore.
They need to store equipment that is used to process the harvest the produce from their
orchard and gardens.
• The applicants need the additional space to store other equipment, including boats and
home maintenance equipment.
Findings
The following bullets present the Planner's findings related to the Manns' 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 wilh 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. It also supports agricultural production activities,
including small-scale production such as orchards, and conservation of natural
resources, such as restoration of native habitats. Accessory structures are permitted in
the GR District and Shoreland District. The requested variance would provide storage
for equipment that is used for agricultural production and natural resource reclamation
7
Mann Variance Staff Report
Scandia City Council Page 5 July 16, 2013
activities on the property, as well as storage for household equipment. The request is in
harmony with the general purposes and intent of the Comprehensive Plan.
• The property owner proposes to use fhe property in a reasonable manner under the
conditions allowed by official control(s).
Single Family Residences, agricultural production, natural resource conservation, 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 original pole barn on the property was irreparably damaged by a tree fall in the
spring of 2013. The proposed accessory structure will replace the storage that was
provided by that structure and expand the storage, and will maintain the number of
accessory structures that existed on the property prior to the damage to the pole barn.
The need for the new structure was not caused by the landowner, and the
circumstances are unique to the property.
• The variance would not alter the essential character of the area.
The applicants' home is near other parcels that include residential and accessory
structures to the north and south along Layton Avenue. The proposed garage would not
alter the essential character of the area.
• Economic conditions alone shall not constitute practical difficulties.
The practical difficulties are related to the loss of the pole barn that served a similar
purpose to the proposed structure, and the need to safely store equipment that is used
for agricultural, conservation, and household use. The difficulties are not due to
economic conditions alone.
• 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.
Granting the proposed variance will not impair the supply of light or air to adjacent
properties, will not increase congestion of public streets, endanger public safety, or
substantially diminish or impair property values within the neighborhood.
• The required variance is the minimum action required to eliminate the practical difficulty.
The proposed variance will replace one structure that was lost due to tree damage with
another structure. The applicant indicated that the expansion of the structure is needed
to accommodate equipment that is needed for the agricultural, conservation and
household uses that the Comprehensive Plan and Zoning Ordinance support on the
7
Mann Variance Staff Report
Scandia City Council Page 6 July 16, 2013
property. The required variance is the minimum action required to eliminate the practical
difficulty.
• Practical difficulties include, but are not limited to, inadequate access to direct sunlight
for so/ar 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 Mann's application on July 2. There
were no public comments at the hearing. The Planning Commission discussed the application
and noted that the City's goals and policies support the proposed uses for the structure and that
the applicant had established the need to replace the existing structure with a larger structure.
The Commission recommended approval of the variance, and added a condition that the
existing pole barn that was damaged be removed before a building permit is issued for the new
structure.
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 Commissions recommends that the City Council approve the proposed variance
to permit the proposed accessory structure and permit a total of three accessory structures
totaling 2,935 square feet on the property at 18180 Olinda Avenue North. The Planning
Commission recommends the following conditions for the variance:
1. The development on the property shall be in substantial compliance with the site plan
submitted to the City on June 11, 2013.
2. The applicants shall obtain a Building Permit from the City prior to construction of the
new steel building.
3. The applicants shall obtain a Grading and Land Alteration Permit from the City if more
than 1,000 square feet are disturbed for construction of the accessory building.
4. The applicants shall obtain a Watershed District permit for storm water management and
erosion control, if required.
5. The applicants shall remove the existing, damaged pole barn structure before the City
shall issue a building permit for the new accessory structure.
6. The Applicant shall pay all fees and escrows.
1
CITY OF SCANDIA, MINNESOTA
RESOLUTION NO. 07-16-13-02
APPROVING A VARIANCE FOR 18180 OLINDA AVENUE NORTH
WHEREAS, Sherri and Charles Mann have made an application for a Variance to allow
construction of a new storage structure to replace an existing, damaged pole barn on their
property, and with the addition of the new structure the property would exceed the number and
total square footage of accessory structures permitted on parcels between 5.0 and 10.0 acres in
size; and
WHEREAS, the property is legally described as follows:
Lot 1, Block 1, Bluffs of East Bay; 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 new accessory structure up to
2,000 square feet in size and a total of three accessory structures with a total area of 2,936 square
feet on the property at 18l 80 Olinda Avenue North 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 Shareland Overlay District by supporting the
ongoing agricultural and conservation uses on the property.
2. The proposed single-family residential use and accessory structure are a reasonable use of
the property under the Development Code.
3. The need for the structure was created by the loss of an existing pole barn structure due to
tree damage, and the need to provide adequate storage for equipment that was previously
Resolution No.: 07-16-13-02
Page 2 of 3
stored in the pole barn. The practical difficulties were not caused by the landowner and
are unique to the property.
4. The addition of the proposed accessory structure will not alter the essential character of
the surrounding General Rural District.
5. The practical difficulties are related to the loss of the previous pole barn structure that
served a similar purpose to the proposed structure, and the need to safely store equipment
that is used for agricultural, conservation and household use. 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 eliminate the practical difficulties. The
number of accessory structures on the property will not increase with the replacement of
the pole barn with the new steel structure. The applicants have established the need for
the additional storage space to safely store equipment that is needed for ongoing
agricultural, conservation and household uses of the property. The uses are supported
and encouraged by the Comprehensive Plan and Shoreland Overlay District.
8. The practical difficulty was not related to inadequate access to direct sunlight for solar
energy systems.
FURTHER BE IT RESOLVED, that the following conditions of approval shall be met:
1. The development on the property shall be in substantial compliance with the site plan
submitted to the City on June 11, 2013.
2. The applicants shall obtain a Building Permit from the City prior to construction of the
new steel building.
3. The applicants shall obtain a Grading and Land Alteration Permit from the City if more
than 1,000 square feet are disturbed for construction of the accessory building.
4. The applicants shall obtain a Watershed District permit for storm water management and
erosion control, if required.
5. The applicants shall remove the existing, damaged pole barn structure before the City
shall issue a building permit for the new accessory structure.
6. The Applicant shall pay all fees and escrows.
Resolution No.: 07-16-13-02
Page 3 of 3
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: (attac.lz separate sheet if necessn���)
See Addendum A: Mann Agricultural & Storage Building Variance Request
Description
$. Project Name: Mann Agricultural & Storage Building
I hereby apply for consideration of the above dcscribed request and declarc that the information and materials submitted
with this application are complete and accurate. I understand that no application shall be considered complete unless
accompanied by fees as required by city ordinance. Applications for projects reyuiring more ihan 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 reiinburse the city for all out-of-pocket costs incurred for processing,reviewing and hearing the
application.These costs shall include,but are not limited to: parcel searches;publication and mailing of notices;review
by the city's engineering,planning and other consultants; legal costs,and recording fees. An escrow deposit to cover
these costs will be collected by lhe eity at the tune of applicaiion. The minimum escrow deposit shall be cumulative total
of all minimum escrow deposits for cach type of review required for thc project,unless reduced as provided for by
ordinance. Tlie city may increase tl�e amount of the required escrow 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 ihe
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 bc considered complete.
Property Fee Owner Signature(s) Date:
Digitally signed by C D.Mann 6/10/2 013
� /J � DN:cn=C D.Mann,o,ou,
j,''�• ~-��emall�hudcgortwnnorg,c�1S
Date:2073.OG10 72:4339-OS'00'
Applicant Signature(s) Date:
6/10/2013
�� �.�
For City Use Only PAID
Application Fees: _�_/ �� �UN � � 20�3
Escrow Deposit: �_y:/�_J--
CITY
Addendum A• Mann Agricultural & S�torage Building Variance Reauest
pescri�tion
Sherri & I are requesting a variance to ailow a larger number and more total square feet
of accessory structures on our 8.2 acre property than are permitted by the Development
Code, Chapter 2, Section 3.2(B�.
In 2010 we planted an extensive orchard and garden, we will continue to reclaim the
agricultural use of the property by planting additional orchards and gardens.
Additionally we have engaged in extensive sedge reclamation on the lake side portion
of our properry. The original 26' x 36' pole barn was old & sagging. Our plans to
replace were expedited when It was irreparably damaged by tree fall in the spring of
2013. To be able to farm, process the harvest from our orchard & gardens and maintain
reasonable storage for a{I equipment and necessary home maintenance items we are
proposing a new 4�' x 50' steel building and retaining the two existing residential
accessory structures on the property_ If the variance is approved our total Accessory
Structure count would consist of 3 buildings total (1 agricultural/storage - the new
building and two residential accessory structures - existing) The total building square
footage use would equal 2,936 sq. ft. (all 3 accessory structures combined). This is 436
sq. ft. over the 2,500 sq. ft. allowed for acreage between 5.0 and 10.0 acres. We
respectfully request granting this reasonable square footage and total building variance
request.
Additionally, we request a variance to place the new building in front of the home - see
attached survey with proposed position. The driveway to the home and buildings is
over 1/10th of a mile long from Ofinda Trail_ (Co. Rd. 3}. The building can not be
placed on the bluff behind the house and a should not be placed below the bluff near
the lake. We wish to continue to rehabilitate the watershed area below the bluff, back
towards its natural state. There are no sight or visibility issues (aesthetic or functional)
that would be affected by granting this variance. Placing the new building in the
proposed position allows reasonable use access and continued restoration and
agricultural use. The proposed building placement maintains a!I structures well over
150 yards from Olinda Trail and meets all existing set back requirements. We
respectfully request granting of this placement variance.
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