7.a)2) TKDA Memo-Chisholm Variance Application " �. a� ��
: 444 Cedar Street,Suite 1500
Saint Poul,MN 55101
651.292.4400
� tkda.com
TKDA
Memorandum
To: Scandia City Council Reference: Chisholm Variance Application,
Kristina Handt, City City of Scandia
Administrator
Copies To: Kimberly A. Chisholm
Project No.: 15253.020
From: Sherri Buss, RLA AICP, Routing:
Planner
Date: September 10, 2013
SUBJECT: Chisholm Variance Request to locate garage closer to the road right-
of-way than primary structure
MEETING DATE: September 17, 2013
LOCATION: 15450 220th Street North
Scandia, Minnesota
APPLICANTS: Kimberly A. Chisholm
ZONING: General Rural District
60-DAY PERIOD: October 8, 2013
ITEMS REVIEWED: Application and Plan received August 9, 2013
BRIEF DESCRIPTION OF THE REQUEST:
The applicant is requesting a variance to construct a new 3-car garage on the property. The
proposed location is closer to the 220th Street right-of-way than the home. The location is
proposed to avoid construction on the slopes on the property.
The property is 9.58 acres in size, and is located in the General Rural (GR) District.
DETAILED EVALUATION OF THE REQUEST:
Comprehensive Plan
The Comprehensive Plan indicates that single-family residential uses and related accessory
uses are supported in the GR District. The plan recommends that the General Rural Area be
An employee owned company promoting affirmative action and equal opportunity
Chisholm Variance Staff Report
Scandia City Council Page 2 September 20, 2013
developed at a maximum density of four dwelling units per 40 acres, with a minimum allowed lot
size of 2 acres.
The proposed use of the qropertv and existinq lot size are consistent with the qoals of the
Comprehensive Plan for the General Rural District.
Development Code Requirements: Lot Size and Setbacks
The applicanYs lot is 9.58 acres in size, and conforms to the minimum lot size requirements of
the Development Code.
The required setbacks in the General Rural District include the following:
• Front: 40 feet
• Side: 20 feet for lots 1.5 acres in size or larger
• Rear: 50 feet
The proposed qaraqe meets the setback repuirements.
Accessory Structures
There is no existing garage or other accessory structure on the parcel.
Proposed location of the qaraqe
Chapter 2, Section 3.2 of the Development Code requires that no detached structure be located
closer to the road right-of-way than the principal building on the lot without a variance, unless
the structure is at least 200 feet from the road right-of-way and the lot is 5 acres or more in size.
The applicant is proposing to locate the garage approximately 110' from the right-of-way of 22ptn
Street, based on the sketch plan. Several factors affect the potential to locate the garage
further from the road right-of-way:
• The existing septic system is located to the west of the home, and limits the potential to
locate the garage further from the right-of-way than the home on that side.
• The topographic information provided by the applicant indicates that the slopes to the
west of the home have a grade of approximately 20%, and the slopes on the east side of
the home are approximately 25%. The Development Code prohibits development on
slopes over 25%, and requires that development on slopes between 12% and 25%
require measures to prevent soil erosion, sedimentation, vegetation loss and structural
damage.
• The applicant noted that building contractors, foundation contractors and a structural
engineer that evaluated the project recommended that the garage be constructed in the
proposed location rather than on the slopes.
Size and Number of Accessoiv Structures
The Development Code permits up to 2 residential accessory structures with a total area of
2,500 square feet on lots between 5 and 10 acres in size. The Chisholm property has no
accessory structures at this time. The proposed garage structure is 32'x36', or 1152 square feet
1
Chisholm Variance Staff Report
Scandia City Council Page 3 September 20, 2013
in size. The number and size of proposed accessorv structures meets the ordinance
requirement.
Second Storv
The elevation sketch provided by the applicant indicates that the design includes a loft area that
is approximately 7 feet in height at the peak of the roof. The applicant indicated verbally to the
Planner that the loft will be less than 7 feet in height when constructed, and will be used for
storage only.
The Development Code requires that accessory structures be limited to one story in height,
unless a Conditional Use Permit (CUP) is approved for a second story. The State Building
Code defines a "story" as the area between a floor and ceiling that is 7 feet in height or greater.
The Planner has included a condition that the loft area must be less than 7 feet in heiqht. If a
second story is required, the applicants will need to obtain a CUP to permit for the second story.
Building Height
The maximum building height permitted in the General Rural District is 35 feet. The City defines
building height for gable roofs as "the vertical distance from the average of the highest and
lowest point of the grade for that portion of the lot covered by the building to the mean height
between eaves and ridge." Based on the definition, the height of the proposed structure is
approximately 12 feet. The buildinq meets the heiqht requirements in the zoninq ordinance.
Lot Coverage
The General Rural District permits a maximum impervious area of 25%. The Planner estimated
that the lot coverage with the new garage would be approximately 4,900 square feet, based on
the sketch plan submitted by the applicant. The lot is approximately 9.58 acres in size (435,600
square feet reported by the applicant. Lot coverage with the new garage would be
approximately 1% of the lot area. The propertv would meet the lot coveraqe requirement with
the addition of the proposed qaraqe.
Wastewater Treatment
The proposed expansion does not require additional wastewater treatment on the parcel.
Stormwater Management and Land Alteration
The Planner sent the application to the Carnelian-Marine-St. Croix Watershed District for review
and comment. The District Administrator responded with an email that indicated that the District
had no comments on the application as long as the City's requirements for erosion and
sediment control are met, and the addition of the accessory structure is unlikely to require a
District permit.
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 the proposed expansion. The
conditions require that the applicant obtain the land alteration and qradinq permit.
1
Chisholm Variance Staff Report
Scandia City Council Page 4 September 20, 2013
Landscape Plan
No landscape plan is required for the garage construction.
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 applicant is requesting a variance from the Development Code requirements to build a new
garage on a site that is closer to the right-of-way of 220th Street than the existing primary
structure. The applicant indicated that the site is proposed to avoid construction on the steep
slopes that exist to the side and rear of the house. The applicant noted that building contractors
and a structural engineer recommended construction of the garage on the proposed location
rather than on the slopes on the property.
Findings
The following bullets present the Planner's findings related to the Chisholm 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 with the general purposes
and intent of the official control.
The Comprehensive Plan and Development Code support development of single-family
residences and related accessory structures in the General Rural District. The Code
prohibits new construction on slopes greater than 25°/o, and requires extra measures to
protect steep slopes and vegetation when construction is proposed on slopes between
12 and 25%. The applicant's proposal to construct a garage in a location that would
avoid disturbing steep slopes and protect vegetation on the slopes is therefore in
harmony with the general purposes and intent of the official control.
1
Chisholm Variance Staff Report
Scandia City Council Page 5 September 20, 2013
• The property owner proposes to use the property in a reasonable manner under the
conditions allowed by official control(s).
Single-family residences and accessory structures are reasonable uses in the General
Rural District.
• The practical difficulties are not caused by the landowner, and are unique to the
property.
The practical difficulties are caused by the steep slopes in the locations on the property
where the garage could be constructed to meet the code requirement, and the location
of the existing septic system. The practical difficulties are related to physical features
that are unique to the property.
• The variance would not alter the essential character of the area.
The applicant's property is adjacent to other residential properties with garages and
accessory buildings. The existing vegetation between the garage and the roadway and
adjacent properties will help to screen the garage from view from the roadway and
adjacent properties. Granting the variance would not alter the essential character of the
area.
• Economic conditions alone shall not constitute practical difficulties.
The practical difficulties are caused by the location of the steep slopes on the property.
The difficulties are not caused by economic conditions.
• The proposed variance will not impair an adequate supply of light and air to adjacent
property, or substantially increase fhe congestion of the public streets, or increase fhe
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. The property will remain as a single-family residential use and will not
increase congestion or endanger public safety. The location is unlikely to diminish or
impair property values in the neighborhood.
• The required variance is the minimum action required to eliminate the practical difficulty.
The applicant has proposed to locate the garage as far from the road right-of-way as
possible while avoiding disturbance of the steep slopes. The required variance is the
minimum action required to eliminate the practical difficulty.
• Practical difficulties include, but are nof limited fo, inadequate access to direct sunlight
for solar energy systems.
The variance is not related to a need for direct sunlight for solar energy systems.
7
Chisholm Variance Staff Report
Scandia City Council Page 6 September 20, 2013
PLANNING COMMISSION PUBLIC HEARING AND DISCUSSION
The Planning Commission held a public hearing on the Chisholm application at their meeting on
September 3. The Commission received no verbal or written comments on the application. The
Commissioners discussed the height of the loft area, and modified the condition regarding loft
height. Commissioner's noted that the applicant provided a scaled sketch plan rather than a
certificate of survey, and requested that a condition be added requiring that the garage location
be staked so that the building inspector could verify the 110-foot distance from the right-of-way.
The Commission recommended that the garage be located "approximately" 110 feet from the
right-of-way so that it could be located to minimize the loss of trees. With the revised condition,
the Commission recommended approval of the variance.
ACTION REQUESTED:
The City Council can recommend the following for this application:
1. Approval
2. Approval with conditions
3. Denial with findings
4. Table the request
PLANNING COMMISSION RECOMMENDATIONS:
The Planning Commission recommends that the City Council approve the variance to allow
construction of a new garage approximately 110 feet from the right-of-way of 220th Street at the
property located at 15450 220th Street North. The Commission recommends the following
conditions for approval of the variance:
1. The construction of the new garage shall be in substantial compliance with the plans
submitted to the City on August 9, 2013.
2. The applicant shall obtain a building permit for the garage. The applicant shall stake the
proposed location of the garage so that the building inspector can verify that the
structure is located approximately 110 feet from the right-of-way of 220th Street.
3. The applicant shall obtain a land alteration and grading permit from the City if the area
that will be disturbed for construction exceeds 1,000 square feet.
4. The loft area above the garage shall be less than 7 feet in height.
5. The Applicant shall pay all fees and escrows.
1
CITY OF SCANDIA, MINNESOTA
RESOLUTION NO. 09-17-13-02
APPROVING A VARIANCE FOR 15450 220TH STREET NORTH
WHEREAS, Kimberley A. Chisholm has made an application for a Variance to allow
construction of a garage on the property at 15450 220t" Street North in a location that is closer to
the 2201h Street right-of-way than permitted by the Development Code; and
WHEREAS, the property is legally described as follows:
That part of the South Six hundred sixty (660) feet of the West Half of the Southwest
Quarter (W% of SW'/4) of Section Twelve (12), Township Thirty-two (32) North, Range Twenty
(20) West, lying East of the West Six hundred sixty (660) feet thereof, containing 9.5 acres, more
or less, and subject to the existing township road along the south line thereof, Washington
County, Minnesota.
According to the United States Government Survey thereof.
together with all hereditaments and appurtenances belonging thereto, subject to the
following exceptions:
Covenants, Easements and Restrictions of Record, if any.
WHEREAS, the Planning Commission reviewed the request for the Conditional Use
Permit at a duly noticed Public Hearing on September 3, 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 recommend approval of a Variance to construct a garage on the property at
15450 220th Street North in a location that is approximately 110 feet from the right-of-way of
220r� Street, based on the following findings:
1. The use of the property for a single-family home and garage is consistent with the
Comprehensive Plan's goals and policies for the General Rural District. The Plan and
Development Code prohibit construction on slopes greater than 25%, and require
Resolution No.: 09-17-13-02
Page 2 of 3
protection of slopes between l2 and 25%. The applicant's proposal to construction the
garage in the location on the property that would avoid disturbing steep slopes and
protect the vegetation on the slopes is in harmony with the general purposes and intent of
the Comprehensive Plan and Development Code.
2. Single-family residences and garages are reasonable uses in the General Rural District.
3. The practical difficulties related are caused by existence of steep slopes in the locations
on the property where the garage could be constructed to meet the code requirement and
the location of the existing septic system. The practical conditions are related to physical
features that are unique to the property.
4. The applicant's property is adjacent to other residential properties with garages and
accessory buildings. The existing vegetation between the garage, the roadway, and
adjacent properties will help to screen the garage from view. Granting the variance will
not alter the essential character of the area.
5. The practical difficulties are caused by the location of the steep slopes on the property,
and are not caused by economic conditions.
6. Granting the variance will not impair the supply of light or air to adjacent properties. The
use of the property as a single family residence will continue, and the use will not
increase congestion or endanger public safety. The location is unlikely to diminish or
impair property values in the neighborhood.
7. The applicant has proposed to locate the garage as far from the road right-of-way as
possible while avoiding disturbance of the steep slopes. The required variance is the
minimum action required to eliminate the practical difficulty.
8. The variance is not related to a need for direct sunlight for solar energy systems.
FURTHER BE IT RESOLVED, that the following conditions of approval shall be met:
1. The construction of the new garage shall be in substantial compliance with the plans
submitted to the City on August 9, 2013.
2. The applicant shall obtain a building permit for the garage. The applicant shall stake the
proposed location of the garage so that the building inspector can verify that the structure
is located approximately I 10 feet from the right-of-way of 220�h Street.
3. The applicant shall obtain a land alteration and grading permit from the City if the area
that will be disturbed for construction exceeds 1,000 square feet.
4. The loft area above the garage shall be less than 7 feet in height.
5. The Applicant shall pay all fees and escrows.
Resolution No.: 09-17-13-02
Page 3 of 3
Adopted by the Scandia City Council this 20th day of September, 2013.
Randall Simonson, Mayor
ATTEST:
� Kristina Handt, Administrator/Clerk
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