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7.b)1) TKDA Memo-Schwinghammer Variance Application 4 444 Cedar Street,Suite 1500 Saint Paul,MN 55101 651.292.4400 � tkda.com TKDA Memorandum To: Scandia Planning Reference: Schwinghammer Variance Commission Application, City of Scandia Kristina Handt, City Administrator Copies To: David and Carol Schwinghammer, applicants Project No.: 15253.021 From: Sherri Buss, RLA AICP, Routing: Planner Date: November 11, 2013 SUBJECT: Schwinghammer Variance Request to locate an accessory building closer to the road right-of-way than the primary structure MEETING DATE: November 19, 2013 LOCATION: 21535 Pomroy Avenue North Scandia, Minnesota APPLICANTS: David and Carol Schwinghammer ZONING: General Rural District 60-DAY PERIOD: December 14, 2013 ITEMS REVIEWED: Application, Plan and other materials received October 15, 2013 BRIEF DESCRIPTION OF THE REQUEST: The applicant is requesting a variance to construct a new pole barn on the property. The proposed location is closer to the Pomroy Avenue right-of-way than the home. The location is proposed to avoid construction within the wetland buffer and required setback. The property is 6.5 acres in size, and is located in the General Rural (GR) District. An employee owned company promoting affirmative oction and equal opportunity Schwinghammer Variance Staff Report Scandia City Council Page 2 November 19, 2013 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 developed at a maximum density of four dwelling units per 40 acres, with a minimum allowed lot size of 2 acres. The Comprehensive Plan also supports protection of wetlands, water resources and related buffers in Scandia. The proposed use of the propertv 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 6.5 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 applicanYs plan indicates that the proposed pole building would be located approximately 88 feet from the right-of-way of Pomroy Avenue. It would be approximately 370 feet from the nearest side property line, and approximately 200 feet from the rear property line. The proposed qaraqe meets the minimum setback requirements in the Development Code. Jim Shaver, administrator of the Carnelian-Marine-St. Croix Watershed District indicated that the proposed pole building should be located at least 75 feet from the wetland edge to meet wetland buffer requirements and incorporate the required setback from the wetland buffer. The applicanYs plan indicates that the pole buildinq would be located 75 feet from the delineated wetland boundarv to meet the buffer and setback requirement. Accessory Structures Size and Number of Accessorv Structures There is no accessory structure on the parcel. The Development Code permits up to two residential accessory structures with a total area of 3,000 square feet on parcels between 5 and 10 acres in size. The proposed pole buildina is consistent with the number and size of residential accessorv structures permitted bv the Development Code. 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. 7 Schwinghammer Variance Staff Report Scandia City Council Page 3 November 19, 2013 The applicant is proposing to locate the pole building approximately 88' from the right-of-way of Pomroy Avenue, based on the sketch plan. Several factors affect the potential to locate the building further from the road right-of-way: • Placing the pole building farther from the roadway near the proposed location would impact the required wetland buffer setback. • The existing septic system and well are located on the south side of the home, and this limits the potential to locate the pole building to the south of the home on a location that would meet the ordinance requirement. • The parcel is long and narrow, and includes significant wetlands at both the north and south ends of the parcel. Locations farther to the north than the proposed location would have the same potential to impact wetlands, buffers or required setbacks as the proposed location. 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 21 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 current lot coverage is .2 acres, or 3% of the lot area. The proposed pole building will increase the coverage by about 1%, to a total of 4%. The proqertv would meet the lot coverape requirement with the addition of the proposed qole buildinq. 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. Jim Shaver, District Administrator, indicated that the pole building will not require a watershed district permit. He noted that it will need to meet the required setback from the wetland and buffer (total setback of 75'). A grading and land alteration permit is not required, as a building permit is required for this project and the land disturbance will be minimal. Landscape Plan No landscape plan is required for the garage construction. 1 Schwinghammer Variance Staff Report Scandia City Council Page 4 November 19, 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 properties, 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 pole building on a site that is closer to the right-of-way of Pomroy Avenue than the existing primary structure. The applicant indicated that the site is proposed to avoid construction on the required setback from the wetland buffer. The property shape and coverage by wetlands, the existing home, septic system and well limit the potential locations for the pole building. Findings The following bullets present the Planner's findings related to the Swinghammer 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 Plan also supports protection of wetlands and buffers, and the City's Local Water Management Plan (a chapter of the Comprehensive Plan) requires that applicants meet the Watershed District's rules. The applicanYs proposal to construct the pole building in a location that avoids impacts to the wetland buffer and required setback is therefore in harmony with the general purposes and intent of the official control. • The property owner proposes to use the property in a reasonable manner under the conditions allowed by official control(s). 7 Schwinghammer Variance Staff Report Scandia City Council Page 5 November 19, 2013 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 fhe property. The practical difficulties are caused by the location of multiple wetlands on the property, the buffer and setback requirements; the location of the existing home, septic system and well; and the long, narrow shape of the parcel. All of those factors limit the potential location of the pole building. • The variance would not alter the essential character of the area. The applicanYs property is adjacent to other residential properties with accessory buildings. The existing vegetation between the proposed building and the roadway and adjacent properties will help to screen the building from view from the roadway and adjacent properties. Granting the variance would not alter the essential rural residential character of the area. • Economic conditions alone shall not constitute practical difficulties. The practical difficulties are caused by the location of the wetlands and existing structures on the property, and the shape of the lot. 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 the congestion of fhe 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. 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 pole building as far from the road right-of-way as possible while maintaining the required setback from the wetland buffer. 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 solar energy systems. The variance is not related to a need for direct sunlight for solar energy systems. 1 Schwinghammer Variance Staff Report Scandia City Council Page 6 November 19, 2013 PLANNING COMMISSION PUBLIC HEARING, DISCUSSION AND RECOMMENDATION The Planning Commission held a public hearing on this application at their meeting on November 5, 2013. Several neighbors spoke and submitted written comments on the variance request. Comments included the following: • The proposed structure will be visible from Pomroy Avenue and neighboring homes during leaf-off conditions. Commenters requested screening with conifers. • The color of the pole building should be a neutral or earth-tone color to blend with surrounding woods and minimize visibility, rather than the red color proposed by the applicants. • Other structures in the subdivision are placed farther from the roadway. The subdivision design emphasized a rural appearance and maintaining wooded areas. The proposed structure does not fit the original character and aesthetics that long-time residents associate with the subdivision. • Supplemental lighting should not be left on overnight. Planning Commission members discussed the comments at length, and noted that the ordinance requirements related to the color of accessory structures only applies on parcels that are 4 acre or less in size. They discussed options to screen or reduce the visual impact of the pole barn. Members also discussed whether a grading plan should be required to determine if the building could be set lower on the site, but determined that the grading plan may not help to address the neighbors' concerns, and the project should not be delayed to request information that is not required of all applicants. The Commission voted to recommend approval of the variance with two additional conditions: • The applicants should complete a landscape plan for staff approval that would include planting conifers no smaller than 6 feet in height to screen the north and west sides of the building. • The applicants should use an exterior color on the pole building that resembles the existing color on the home, which blends with the surrounding woods better than the red color originally proposed. 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 Commission recommends that the City Council approve the variance to allow construction of a pole building approximately 88 feet from the right-of-way of Pomroy Avenue North at the property located at 21535 Pomroy Avenue North. The Commission also recommends the following conditions for approval of the variance: 1 Schwinghammer Variance Staff Report Scandia City Council Page 7 November 19, 2013 1. The construction of the pole building shall be in substantial compliance with the plans submitted to the City on October 15, 2013. 2. The applicant shall obtain a building permit for the pole building. 3. The applicant shall complete a landscape plan for staff approval before approval of the building permit. The plan shall include a staggered row of conifer trees to provide year- round screening of the north and west sides of the building. The trees proposed for planting should be no less than 6' in height. Proposed planting locations should supplement the existing screening, and minimize loss of existing mature trees that could provide screening for the pole building. 4. The applicant shall utilize an exterior color on the pole barn that resembles the present color of the house. 5. The pole building may not include a dwelling unit, and may not be rented, leased, or sold separately from the rental, lease or sale of the primary structure. 6. The Applicant shall pay all fees and escrows. 1 CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 11-19-13-03 APPROVING A VARIANCE FOR 21535 POMROY AVENUE NORTH WHEREAS, David and Carol Schwinghammer have made an application for a Variance to allow construction of a pole building on the property at 21535 Pomroy Avenue North in a location that is closer to Pomroy Avenue North right-of-way than permitted by the Development Code; and WHEREAS, the property is legally described as follows: Maple Hills, Lot 1, Block 2, Subdivision CD00187; and WHEREAS, the Planning Commission reviewed the request for the Variance at a duly noticed Public Hearing on November 5, 2013, and recommended approval of the Variance with conditions; 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 pole building on the property at 2l 535 Pomroy Avenue North in a location that is 88 feet from the right-of-way of Pomroy Avenue North, 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 also supports protection of wetlands and their buffers, and the City requires that applicants meet the Watershed District's rules. The applicants' proposal to construct the pole building in a location that avoids impacts to the wetland buffer and required setback is therefore in harmony with the general purposes and intent of the official control. 2. Single-family residences and garages are reasonable uses in the General Rural District. 3. The practical difficulties related are caused by the location of multiple wetlands on the property, the wetland buffer and setback requirements; the location of the existing home, Resolution No.: 11-19-13-03 Page 2 of 3 septic system and well; and the long, narrow shape of the parcel. Those factors limit the potential location of the pole building. The practical difficulties are related to physical features that are unique to the property. 4. The applicant's property is adjacent to other residential properties with accessory buildings. The existing vegetation between the pole building, the roadway, and adjacent properties will help to screen the building from view. Granting the variance will not alter the essential rural residential character of the area. 5. The practical difficulties are caused by the location of the wetlands and existing structures on the property, and the shape of the lot, 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 pole building as far from the road right-of-way as possible while maintaining the required setback from the wetland buffer. 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 fol lowing conditions of approval shall be met: 1. The construction of the pole building shall be in substantial compliance with the plans submitted to the City on October 15, 2013. 2. The applicant shall obtain a building permit for the pole building. 3. The applicant shall complete a landscape plan for staff approval before approval of the building permit. The plan shall include a staggered row of conifer trees to provide year- round screening of the north and west sides of the building. The trees proposed for planting should be no less than 6' in height. Proposed planting locations should supplement the existing screening, and minimize loss of existing mature trees that could provide screening for the pole building. 4. The applicant shall utilize an exterior color on the pole barn that resembles the present color of the house. 5. The pole building may not include a dwelling unit, and may not be rented, leased, or sold separately from the rental, lease or sale of the primary structure. 6. The Applicant shall pay all fees and escrows. Resolution No.: 11-19-13-03 Page 3 of 3 Adopted by the Scandia City Council this 19th day of November, 2013. Randall Simonson, Mayor ATTEST: Kristina Handt, Administrator/Clerk L�lt 1 lt' 1C�A�1 � Vt' � U 1� V � Y ___ _ . LOT l, BLOCK 2, MAPLE NILLS �� '��+��'�1-% j PART OF TNE SOUTNWEST OUARTER OF T�1E NORTNEAST OUARTER, � AND PART OF TNE SOUTNEAST QUARTER OF TNE NORTNWEST QUARTER 0'�:! 1h21i± ! ' �� ; SECTION 13, TOWNS4�IP 32 NORTN, RANGE 20 WEST, ' �;oFsc,r,^:��-- ' CITY OF SGANDIA, WASNINGTON GOUNTY, MINNESOTA SUR VEY PREPARED FOR: Da vrd J, arld Carol L. Sch winghammer �i� �C-^�� I r-I A I r_-^T n �-� ��I v �_�\ v ►�_ v v � 1�..� I n I�t 21S.3SPomroyA venue North g , o ,, ,,: � Scandia,Minnesota SS073 �58.0o u 90'21'34" � . � � � DETAIL � � I i DRAIVAGE q � SC.ALE�1 ACII=25 FGG'T � ��I� ��EASEbiENT � 1 ip � >g� � /� \�-''�- � �O . / L I� � / �264 � � 5.0 ��.�1.0 � �/ LATH dc NAIL� �265 I� /�� , LATH k NAI� � '.5� '. � WO � an/%ne i � � � (7� O \ I � I DRATNAGF, o C m � 'p r. � E�SE�lE�T Z �o O �63 �, N ( � G� '�p 0 '.� LATH k NAIL � ��, `�� ."� � ,,\ 1 1��' : �a �yz62 `, \ � DRAI�AGE 5�c.r, aae � ..e�'� '�� 261 LATH `?��, , � EASEMENT p �3` ..� ` 1 �sQ �• �ani ac NniL �?y� " � I pE � LATH )' ,��.�' ,y,$i• � r_� �� I 6.5`� �� /"a � � \ :�� OC� `�\ ��' I �� \�\ � � v .a0 V V� nI � � �`:�� `J;(`f /�N `, � � ��'�� '�� - DRAIhAGE�� ^ � � EASEMENT � �C � � � ttl ,J nr � , ' . SCALE IN FEET (� ,, �h ' i � BLOCI��J o so �o0 200 �` �� 6.493 Acresf i � � .� i �---� SCALE: I INCH= IUO FEET , �0 gs•a -� � /� � � ,��WETLAND� � I 5'� wetland � � �delineation� � ,,flogs J DESCRIPTION " tj� - sEE `�. , F `r DETAIL ` '� � ` ,�ti ,n,� SPECIAL/LIMITED WARRANTY DEED �i�� Drtn�ACE � �.— EASEMENT l Document No.3908371 '` O All that certain parcel of land situated in the County of --�� 95•B HOUSE Washington,in the State ofMinnesota,described as follow•s: 1\ 9, Lot 1,Block 2,Maple Hills.More commonly known as 21535 � �� Fomroy Avenue,Scandia,MN 55073-7627. � �, n �-' 9 � LEGEND �� , � � Orie�tation of the north azimuth system \ 3<.06 130.96 // is tbe Washington County Coordinota System, NAD 83, 1986 Ad�ustment. �(pC, (�2 �i Distances oro tn /eet and decimals of a foot. � 270•22�,4G�p Q Denotes o i/2 inch inside T L)n� � � � n �n /� � N 4 O C� i � � V 7 N � O :..t �- �� F �U a `;NF o c � � "' } aonT `,r-; ��;��' J � � °'ca�i N � � �� OW m � �� , � �, ik � ' U = o��N �, � V @ o o c �.:' J t.a_' ''.. 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