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4.b 1 ErkenbrackVariance PC 7.5.16 Memorandum To: Scandia Planning Commission Neil Soltis, City Administrator Reference: Erkenbrack Variance Application Copies To: Brenda Eklund, Clerk Gary and Regina Erkenbrack, Applicants Project No.: 16022.014 From: Sherri Buss, RLA AICP, Planner Routing: Date: June 20, 2016 SUBJECT: Erkenbrack Variance for an Accessory Structure MEETING DATE: July 5, 2016 LOCATION: 10455 192nd Street North APPLICANT: Gary and Regina Erkenbrack ZONING: General Rural (GR) District and Shoreland District of White Rock Lake 60-DAY PERIOD: August 12, 2016 ITEMS REVIEWED: Application and Sketch Plan received June 13, 2016 BRIEF DESCRIPTION OF THE REQUEST: The applicants are seeking to build an accessory building closer to the roadway than the existing home at 10455 192nd Street North. The proposed structure would be located about 130 feet from the north boundary of their property and approximately 90 feet from the right -of- way of 192nd Street North. The applicant’s parcel includes approximately 4.4 acres, and is located in the General Rural (GR) District and within the Shoreland Overlay District of White Rock Lake, which is classified as a Natural Environment Lake in the Shoreland Ordinance. 10455 192nd Street North Variance Request Scandia Planning Commission Page 2 July 5, 2016 BACKGROUND AND DETAILED EVALUATION OF THE VARIANCE REQUEST: The applicants are requesting a variance to build a 40’x60’’ accessory building on the parcel located at 10455 192nd Street North. They are requesting to build the structure approximately 90 feet from the road right-of-way. The Development Code requires that “no detached accessory structure, including storage sheds, shall be located closer to the road right-of-way in relation to the front lot line than the principal building on a lot without a variance unless all of the following conditions are met: 1. The accessory structure is at least 200 feet from the road right-of-way on lots of five (5) acres or more; and 2. All setbacks are met.” The applicants require a variance to place the accessory building in the proposed location. Comprehensive Plan The Comprehensive Plan includes goals to preserve the community’s rural character and recognize, protect and encourage agriculture as a long-term land use. The Plan’s goals for the General Rural (GR) District include the following:  Provide for a wide range of land uses that are able to coexist within a rural setting, including traditional and specialty agriculture, horse and hobby farms, limited raising of animals, market gardening, and residential development and institutional uses. The Comprehensive Plan permits single-family residential uses and accessory structures in the General Rural District and Shoreland District. It includes goals to protect shoreland areas through enforcement of the setbacks, impervious surface requirements and other requirements in the Ordinance. The proposed use of the property is consistent with the goals of the Comprehensive Plan for the General Rural District and Shoreland Districts. Development Code Requirements: Lot Size and Setbacks The applicant’s lot is 4.4 acres in size. The GR District permits lots of 2 acres and larger in size. The required setbacks for structures in the GR District and Shoreland Overlay District of White Rock Lake are the following:  Front setback (from ROW): 40  Side setbacks for most structures: 20 feet  Rear setback: 50 feet  Setback from OHWL: 200 feet The applicant’s proposed setbacks include the following:  Front setback (from ROW): approximately 90’  Side setback (west property line): 60’  Rear setback: 400+’  Setback from OHWL: 400+’ 10455 192nd Street North Variance Request Scandia Planning Commission Page 3 July 5, 2016 The proposed structure meets the setback requirements in the GR Zoning District and Shoreland Overlay District. Accessory Structures There is one existing accessory structure on the parcel—a garden shed. The proposed building will be 2,400 square feet in size. The Development code permits up to two residential accessory structures with a total area of 2,500 square feet on parcels between 3.0 and 5.0 acres in size. The applicants indicated that they will remove the existing shed in order to stay within the total area of accessory buildings that are permitted on the parcel. The Planner has included a proposed condition for approval of the variance that the applicants shall remove the existing shed. Lot Coverage The Development Code permits up to 25% lot coverage on parcels within the GR District. The Planner calculated the existing impervious coverage of the parcel as approximately 4% (existing house, garage, and driveway). The addition of the accessory building would increase the coverage on the parcel to approximately 5%. The proposed lot coverage meets the Development Code requirement. Building Height, Materials and Color The proposed building height would be approximately 21 feet at the roof ridge line, and 24 feet including two cupolas. The maximum building height permitted in the GR District is 35 feet. The proposed height meets the Development Code requirement. The applicant indicated that the building will be constructed of pre-painted panels with colors that will match the house. The Planner has included a condition that existing vegetation to the north and west of the proposed building be maintained to provide screening for the structure from 192nd Street and the adjacent property. Driveway Access The parcel has an existing driveway access to 192nd Street. The applicants do not propose to change the access. Wastewater Treatment The addition of the accessory building will not require an expansion of the wastewater treatment system. Stormwater Management The proposed building is located outside the existing drainage easements of the parcel. The applicants have proposed the location to avoid wetlands on the parcel. 10455 192nd Street North Variance Request Scandia Planning Commission Page 4 July 5, 2016 The Planner sent the application to the Rice Creek Watershed District (RCWD) for review and comment. The District’s staff responded that “RCWD has no comment regarding the variance. The project appears to be under permit thresholds.” CRITERIA FOR VARIANCES AND FINDINGS Chapter 1, Section 6.0 of the Development Code and Minnesota Statutes 462.357 include the criteria and required process for granting 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 diff iculty. 7. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Applicant’s Rationale for the Variance The applicant noted the following in his rationale for the variance request:  The potential locations for the structure that would be farther from the road right-of-way than the house are restricted. The septic system is located to the east of the house, the lake is to the south, and the poor soils west of the house do not permit the building to be constructed there. Findings—Planner Analysis and Options for Consideration The following bullets present the Planner’s findings related to applicant’s request for a variance, based on the criteria for granting a variance. Each of the criteria is shown in italics, with the analysis in standard text that follows:  Variances shall only be permitted when they are in harmony with the general purposes and intent of the official control. The Comprehensive Plan, Development Code, and Shoreland Ordinance permit accessory structures for residential uses in the General Rural District. The Code requires that accessory structures be located behind the primary structure to protect views from local roads and nearby properties. The proposed location is screened from 192nd Street and the nearest residential properties by existing vegetation. It meets the 10455 192nd Street North Variance Request Scandia Planning Commission Page 5 July 5, 2016 setback requirement from White Rock Lake. The proposed variance is in harmony with the general purpose and intent of the official controls.  The property owner proposes to use the property in a reasonable manner under the conditions allowed by official control(s). Accessory structures are permitted, and therefore reasonable, uses in the General Rural District. The proposed use is a reasonable use based on the official controls.  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 location of the existing septic system, location of White Rock Lake, and poor soils in locations that would meet the requirement to be located farther from the road right-of-way than the existing home. The proposed location maintains all other setback requirements.  The variance would not alter the essential character of the area. The applicant’s parcel is adjacent to residential and agricultural properties. Many of the parcels have accessory structures. The proposed structure will be screened from adjacent parcels and 192nd Street North by existing vegetation. Granting the variance would not alter the essential character of the area.  Economic conditions alone shall not constitute practical difficulties. The practical difficulties are the result of the location of the existing septic system, lake, and poor soils on the parcel. The practical difficulties are not only economic in nature.  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 variance will not impair the supply of light or air to adjacent properties, increase congestion, endanger the public, or substantially diminish or impair property values in the neighborhood if the building is screened from view from nearby parcels.  The required variance is the minimum action required to eliminate the practical difficulty. The variance permits construction of the building in a location that is setback as far as possible the roadway right-of-way while avoiding poor soils, the septic system, and the required setback from the OHWL of White Rock Lake. The location meets the other setback requirements in the Development Code. The proposed variance is the minimum action needed to eliminate the practical difficulty to permit construction of the proposed accessory building on the parcel.  Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. 10455 192nd Street North Variance Request Scandia Planning Commission Page 6 July 5, 2016 The variance is not related to a need for direct sunlight for solar energy systems. The findings support granting a variance to add the garage in the proposed location. ACTION REQUESTED: The Planning Commission should receive public comments at the hearing on July 5. The Planning Commission should 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 construction of a 40’x60’ accessory building that is 130’ feet from the northern parcel boundary of the parcel at 10455 192nd Street North. The accessory building shall meet all other setback requirements for accessory structures in the General Rural and Shoreland Overlay Districts. . The Planner recommends the following conditions for the variance: 1. Development of the property shall be consistent with the plans submitted to the City on June 13, 2016. 2. The applicants shall obtain a building permit and land alternation permit (if needed) from the City. 3. The applicants shall remove the existing garden shed prior to construction of the accessory building. 4. The accessory building may be used for personal use or agricultural use only. No commercial use or commercially-related storage is permitted in the barn. 5. The applicants shall maintain the existing vegetation to the north and west of the accessory building to provide screening for the structure. 6. The applicants shall pay all fees and escrows associated with this application.