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7.b 1 Hedelson setback and accessory structure variance - resolution 09 20 16 02Memorandum To: Scandia City Council Reference: Hedelson Variance Application, City of Scandia Copies To: Neil Soltis, City Administrator Brenda Ecklund, City Clerk Paul Hedelson, applicant Dorothy Pool, owner Project No.: 16022.016 From: Sherri Buss, RLA AICP, Routing: Planner Date: September 12, 2016 SUBJECT: Hedelson Variance Application for an Accessory Structure MEETING DATE: September 20, 2016 LOCATION: 16970 St. Croix Trail North Scandia, Minnesota APPLICANT: Paul Hedelson 6911 Country Lane Rockford, MN 55373 OWNER: Dorothy Pool 8106 Highwood Drive, Apt. Y117 Bloomington, MN 55438 ZONING: Agriculture – Core (AG C) and St. Croix River Overlay District 120 -DAY PERIOD: October 8, 2016 ITEMS REVIEWED: Application and aerial photos received August 9, 2016 BRIEF DESCRIPTION OF THE REQUEST: The property at 16970 St. Croix Trail North includes two parcels, identified on attached sketch figure—parcel 30.03.21.91.30.041 and parcel 30.30.21.91.30.0003. The applicant replaced a substandard accessory structure that was destroyed by a storm with a new structure on the western parcel. The primary structure on the property is located on the eastern parcel, and the location of the accessory structure does not meet the required setback from the Ordinary High An employee owned company promoting affirmative action and equal opportunity 444 Cedar Street, Suite 1500 Saint Paul, MN 55101 651.292.4400 tkda.cam TKDA Memorandum To: Scandia City Council Reference: Hedelson Variance Application, City of Scandia Copies To: Neil Soltis, City Administrator Brenda Ecklund, City Clerk Paul Hedelson, applicant Dorothy Pool, owner Project No.: 16022.016 From: Sherri Buss, RLA AICP, Routing: Planner Date: September 12, 2016 SUBJECT: Hedelson Variance Application for an Accessory Structure MEETING DATE: September 20, 2016 LOCATION: 16970 St. Croix Trail North Scandia, Minnesota APPLICANT: Paul Hedelson 6911 Country Lane Rockford, MN 55373 OWNER: Dorothy Pool 8106 Highwood Drive, Apt. Y117 Bloomington, MN 55438 ZONING: Agriculture – Core (AG C) and St. Croix River Overlay District 120 -DAY PERIOD: October 8, 2016 ITEMS REVIEWED: Application and aerial photos received August 9, 2016 BRIEF DESCRIPTION OF THE REQUEST: The property at 16970 St. Croix Trail North includes two parcels, identified on attached sketch figure—parcel 30.03.21.91.30.041 and parcel 30.30.21.91.30.0003. The applicant replaced a substandard accessory structure that was destroyed by a storm with a new structure on the western parcel. The primary structure on the property is located on the eastern parcel, and the location of the accessory structure does not meet the required setback from the Ordinary High An employee owned company promoting affirmative action and equal opportunity Hedelson Variance Staff Report Scandia City Council Page 2 September 20, 2016 Water Line (OHWL) of the St. Croix River. Replacing the structure in the proposed location requires a variance from the requirements of the St. Croix River Overlay District and the City's Development Code. The parcels are 0.65 and 0.62 acres respectively in size. The property is located in the Agriculture - Core (AG C) District and the St. Croix River Overlay District. BACKGROUND Structure History The City received a complaint that the applicants constructed an accessory building on the property at 16970 St. Croix Trail North that did not meet the ordinance requirements. City, National Park Service (NPS), and DNR staff met at the site to review the structure and issues. NPS staff used their GPS equipment to locate the structure, and the City Administrator identified the location on an aerial photo and estimated that the structure is 170' from the OHWL of the St. Croix River. Staff review of the boundaries of the two parcels at the property and noted that the structure was built on a parcel that does not have a primary structure. While structures 120 square feet in size or smaller do not require a building permit, these structures are required to meet the setbacks and other standards of the zoning ordinance. The original accessory structure was approximately 10'x12' in size, and was destroyed during a storm. The structure was used for maple syrup production activities. The new structure was built on the same location and is of similar size to the structure that was destroyed. The applicant provided photos of the structure. Ordinance Requirements and Issues for the Variance The new structure does not meet the requirements of the Lower St. Croix Riverway Ordinance and the City's Development Code: The accessory building is defined as a "substandard structure' by the St. Croix Riverway Ordinance: "Substandard structure means any structure established before the effective date of the St. Croix Riverway Ordinance which is permitted within a particular zoning district but does not meet the structure setbacks or other dimensional standards of the Ordinance." (In other districts, the structure might be defined as a "nonconforming" structure, but in the St. Croix Riverway District, such structures are defined as "substandard" structures, and different regulations apply than the rules that regulate nonconforming structures in other districts. The regulations that apply to "legal, nonconforming structures" do not apply to "substandard structures" in the St. Croix Riverway District.) The St. Croix Riverway Ordinance requires that "If a substandard structure needs replacement due to destruction, deterioration, or obsolescence, such replacement shall comply with the dimensional standards of the ordinance." The applicants are requesting a variance to permit replacement of the shed structure in its existing location, where it would not meet the setback requirements. Therefore, the City needs to determine if the shed can be placed in another location on the parcel that meets the setback requirements, and a variance may be granted only if there is no other location for the cabin that can meet the setback requirements, or the proposed replacement location 7 Hedelson Variance Staff Report Scandia City Council Page 3 September 20, 2016 meets the criteria for granting a variance. Variances may only be granted if they meet the "practical difficulties" criteria in State Statutes, and the City's Development Code. • NPS and City staff used GPS equipment and aerial photos to estimate the location of the accessory structure. They found that the structure is approximately 170 feet from the OHWL of the St. Croix River. The required structure setback in the Riverway District is 200 feet from the OHWL. This information was provided to the applicant, and staff stated that the applicant could provide a survey to show the location of the structure if he believed that the estimate was in error and the structure meets the setback requirement. The applicant did not submit a survey with the application. • The accessory structure is located on a different parcel than the primary structure. The Development Code (Chapter 2, Section 3.2) requires that "No accessory structure shall be constructed on a lot prior to the construction of the principal structure on the lot." Staff have suggested to the owner and applicant that they may combine the two parcels to meet the ordinance requirement. EVALUATION OF VARIANCE REQUEST Comprehensive Plan The Comprehensive Plan established the Agriculture - Core (AG C) District to protect and encourage long-term agriculture. Residential development is permitted as a secondary use in the District. The Comprehensive Plan also supports protection of the natural and scenic resources of the St. Croix River Corridor through the application of the St. Croix Riverway District standards as an overlay district. The ordinance that governs the St. Croix River District permits single-family residential and related accessory uses in within the overlay district. It regulates the setback of structures and septic facilities. The ordinance requires that any replacement, extension, enlargement, or alteration of an existing substandard structure shall meet the setback requirements in order to meet the purpose of the ordinance. The applicant has replaced a demolished, substandard accessory building that was located within the structure setback from the OHWL in a location that violates the dimensional requirements of the Riverway District ordinance. The replacement of the accessory building in its previous location within the setback from the OHWL is not consistent with the goals and reauirements of the St. Croix River Overlav District or the Comprehensive Plan. Development Code Requirements: Lot Size and Setbacks The applicant's property includes two parcels that are each 0.65 and 0.62 acres in size, and are substandard lots in the St. Croix River Overlay District—the District requires lots in rural areas to be at least 2.5 acres in size. The AG C District permits lots of 2.0-5.0 acres or 20 acres and larger in size, and therefore each of the lots is nonconforming lots in the AG C District. The required setbacks for structures in the St. Croix River Overlay District are the following: • Building setback from the OHWL: 200 feet • Building setback from the bluff line: 100 feet I Hedelson Variance Staff Report Scandia City Council Page 4 September 20, 2016 The required setbacks in the AG C District include the following: • Side setback: 20 feet • Rear setback: 50 feet Staff used the GPS data from the National Park Service and aerial photos to create a drawing that shows the current shed location and estimated setbacks. The current location is approximately 170' from the OHWL, and does not meet the required setback from the St. Croix River. The structure does comply with the side and rear setbacks. The staff sketch (attached) estimated the area on the property where the accessory building could be placed to comply with all of the setback requirements in the St. Croix Riverway Ordinance and Development Code. The area is shown with blue hatching. The area excludes the approximate location of the existing septic system. The structure would need to be set back from the septic system location by a minimum of 10'. A survey would be needed to verify the accurate location of the septic system, structures, and parcel boundaries, and to accurately determine the location(s) where the accessory structure could be placed so that it would not require a variance. The sketch indicates that there is ample area on the western parcel to replace the original structure in a location that would meet the setback requirements from the OHWL and the side and rear setback requirements. The applicant would need a variance from the setback requirements to locate the replacement building in the same location as the structure that was demolished. The variance analvsis and findinas are included below. Accessory Structures The new accessory structure and original structure were located on a parcel that does not have a primary structure, as required by the Development Code. The address at 16970 St. Croix Trail North includes 2 parcels -30.032.19.13.0041, the location of the accessory structure and a detached garage, and 30.032.19.13.0003, which includes the primary building. The ordinance permits one shed of 120 square feet or less in addition to the number and square footage of accessory structures permitted on each parcel, but no accessory structure may be constructed on a parcel without a primary structure. Lot Coverage The St. Croix River Overlay District permits up to 20% lot coverage. The Planner estimated the existing lot coverage by impervious surfaces is approximately 9%. The parcel coverage did not change with the replacement of the original structure with the new structure. The parcel would meet the coveraae reauirement with the replacement of the structure in the same location. Building Height and Color The maximum structure height permitted in the St. Croix River District is 35 feet. The one-story accessory buildina meets the ordinance reauirement. The Lower St. Croix River Bluffland and Shoreland Management Ordinance requires that the exterior color of new or removed structures, including roofs, shall be of earth or summer 01 Hedelson Variance Staff Report Scandia City Council Page 5 September 20, 2016 vegetation tones, unless completely screened from the river. The replacement structure is not visible from the St Croix River. Driveway Access There is an existing driveway that provides access to the parcel. Wastewater Treatment and Well The accessory structure does not have or require wastewater or water facilities. Stormwater Management/Watershed District Comments The accessory structure does not require stormwater management practices. The Planner sent the application to the Carnelian -Marine -St. Croix Watershed District (CMSCWD) for comments, but has not received any comments from the District to date. Landscape Plan No landscape plan is required. DNR Comments The Planner sent the application to the DNR for review and comments but has not received any comments from the agency to date. National Park Service (NPS) Comments The National Park Service provided the following comments on the variance request in a letter dated August 29, 2016: • The scenic easement on the property would allow the replacement of the structure in its current location. • However, city codes may require that the shed be located to another area on the property to meet setback requirements. • The scenic easement permits relocation of the structure to a location further from the river. • If the structure is moved to a new location, no new structure may be rebuilt on the footprint of the structure that has been moved. Communications with the Applicant The City received the Hedelson application on August 9. City staff had previously met with the applicant, NPS and DNR staff to review the site and structure. City staff reviewed the application materials, and provided the following comments to the application in an email on August 10, so that the applicant understood the ordinance requirements, options for ordinance compliance, and likely staff recommendation regarding the variance before investing further time and money in the variance process: 7 Hedelson Variance Staff Report Scandia City Council Page 6 September 20, 2016 "The City received your variance application for the shed location on your property at 16970 St. Croix Trail North. I am the City's Planner and have been reviewing the application and materials today, and have discussed them with Neil. Based on the requirements in the Lower St. Croix Riverway District zoning ordinance, we suggest the following: • That you consider moving the shed so that it meets the setback requirements from the OHWL of the St. Croix River and the parcel boundaries. The approximate potential area where the shed could be moved to meet all setback requirements is shown on the attached sketch (blue rectangle). • Apply for a lot consolidation, so that the shed would be on the same parcel as the primary building (the cabin). "Here is our rationale: • The Lower St. Croix Bluffland and Shoreland Management Ordinance defines your original shed as a "substandard" structure because it did not meet the structure setback requirements in the ordinance. • The ordinance requires that "if a substandard structure needs replacing due to destruction, deterioration, or obsolescence, such replacement shall comply with the dimensional requirements of the ordinance," including all setbacks. It cannot simply be rebuilt in the old location—the ordinance requires that if it is rebuilt, it must be built in a location that meets the setbacks. • It would be very difficult for the City to grant a variance to you to allow the new structure to be placed in the same location as the old one if there is another location on the property where it could meet the setback requirements. The City's development code includes a number of criteria for granting a variance, and if a location is available where the shed could meet the setbacks, it is unlikely to meet those criteria. • Neil and I reviewed the parcel, and identified a large area that is available for the shed location that would meet all of the required setbacks. (outlined in blue on the sketch) "Neil and I suggest that you • Withdraw the variance application. • Move the shed to a location where it meets the setbacks • Apply to the City for a lot consolidation "We want to find a process that meets the ordinance requirements, saves the time and money of an unsuccessful variance application, and addresses the issues so that you can have the shed on your property. "After you review this, please call Neil or me if you have questions. You can contact Brenda Eklund if you wish to withdraw the variance application and submit an application for a lot consolidation. Moving the shed to a new location that meets the setback requirements would be a condition of approval for the lot consolidation." The City Administrator completed a follow-up site visit with Mr. Hedelson following the email at his request. Mr. Hedelson decided to continue the variance request. CRITERIA FOR VARIANCES AND FINDINGS Chapter 1, Section 6.0 of the Development Code and the Lower St. Croix River Bluffland and Shoreland Management Ordinance include 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 in the Development Code include: I Hedelson Variance Staff Report Scandia City Council Page 7 September 20, 2016 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. Applicant's Rationale for the Variance The application includes a statement that the replacement of the original building with the new building should be permitted in the original location because: • The accessory building is a small, simple structure • The family has used the structure for a long time • The new structure was built in the same location as the original structure Variance Request and Findings The applicant is requesting a variance to keep an accessory structure in a location where it replaced a substandard structure of a similar size. The structure location requires variances for the following: • Replacing a substandard structure in a location that does not meet the setback requirement from the OHWL of the St. Croix River. • Placement of the structure on a parcel that does not include a primary structure The following bullets present the Planner's findings related to the Hedelson 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 supports protection of the St. Croix River and application of City's Development Code and Riverway Ordinance standards for development of structures within the Riverway District to support the Riverway protection goals. The Lower St. Croix River Ordinance requires that replacement of Substandard structures occur in a location that meets setback requirements in order to protect the Riverway and bring properties into compliance with the dimensional standards of the ordinance when they are replaced. The Development Code requires that no accessory structure be built on a parcel without a primary structure. The replacement of the demolished structure with a new structure in the location that does not meet the required dimensional standards and where there is no primary I Hedelson Variance Staff Report Scandia City Council Page 8 September 20, 2016 structure is not in harmony with the general purposes and intent of the Comprehensive Plan and Development Code. • 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 permitted in the St. Croix Riverway District and Agriculture Core zoning district and are a reasonable use. • The practical difficulties are not caused by the landowner, and are unique to the property. The applicant has not identified any practical difficulties that are unique to the property as a rationale for the variance. There are many small, substandard buildings within the Riverway District that have been used by their owners for a long time. The requirements for replacement of these structures in a location that meets the ordinance requirement if they are destroyed was specifically included in the St. Croix Riverway Ordinance to improve compliance with Riverway standards. Many property owners in Scandia have requested that they be allowed to build accessory structures on parcels without a primary structure, but there is no unique practical difficulty in this case that would permit granting a variance from this requirement. • The variance would not alter the essential character of the area. The variance would not alter the character of the area. • Economic conditions alone shall not constitute practical difficulties. The applicant did not identify economic conditions as the rationale for the variance, and they would not be considered as the sole practical difficulty. • 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 replacement of the original building with a similar accessory building will not impair the supply of light or air to adjacent properties, and maintenance of the existing use will not increase congestion, endanger the public, or substantially diminish or impair property values in the neighborhood. • The requested variance is the minimum action required to eliminate the practical difficulty. The requested variance is not the minimum action required to meet the Riverway Ordinance and Development Code requirements. The City has identified a large area on the western parcel of the property where the structure could be located to meet all dimensional requirements. The applicant may complete a relatively simple lot I Hedelson Variance Staff Report Scandia City Council Page 9 September 20, 2016 consolidation action to come into compliance with the requirement that accessory structures be located on a parcel with a primary structure. • 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. PLANNING COMMISSION PUBLIC HEARING AND RECOMMENDATIONS The Planning Commission held a public hearing on the Hedelson Variance request on September 6. The Commission heard comments from the applicant at that meeting. The applicant commented that the structure is small, and an exception should be made to the ordinance requirements. Planning Commissioners commented as follows: • The location of the septic system is at an angle, rather than oriented as shown on the drawings, based on the site visit. • Commissioners asked how the potential location that meets the ordinance requirement would be determined on site—would a survey be required? Staff responded that the Administrator could work with the National Park Service to use GPS technology to locate an area where the structure would require no setbacks, so that the applicant can move the building to that location. • The Commission members noted that the City's ordinances need to be applied equally to all applicants. Exceptions, or variances, may only be approved if they meet the statutory and city criteria for granting a variance. • The Commission noted that moving the structure may require removal of existing trees, but that locations are available where minimal removal is needed. The structure may be more visible to neighbors in the new location due to tree removal, but this is not sufficient rationale to grant the variance. The Planning Commission recommended denial of the variance, with conditions, based on the findings that the building location does not meet the "practical difficulties" criteria for granting a variance. 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 deny the variance request to permit the replacement of an accessory structure with the new structure located approximately 170' from the OHWL of the St. Croix Riverway and on a parcel that has no primary structure 7 Hedelson Variance Staff Report Scandia City Council Page 10 September 20, 2016 based on the finding that the structure does not meet the "practical difficulties" criteria to grant the variance. The Commission recommends the following: 1. The applicant or owner shall move the accessory structure to a location that meets all of the dimensional requirements of the St. Croix Riverway Ordinance and Development Code. The City shall assist the applicant to accurately determine the area where the accessory structure may be placed to meet the Code requirements. 2. The owner shall combine the two parcels at 12970 St. Croix Trail North (30.032.19.13.0041 and 31.032.19.13.003) so that the accessory building and primary building are on the same parcel. 3. These conditions shall be completed within 60 days of the City's denial of the variance request. I CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 09-20-16-02 DENYING A VARIANCE FOR 16970 ST. CROIX TRAIL NORTH WHEREAS, Paul Hedelson has made an application for a Variance to permit an existing accessory structure that replaced a substandard structure that was destroyed by a storm on a property at 16970 St. Croix Trail North in the same location, approximately 170 feet from the Ordinary High Water Line (OHWL) of the St. Croix River, and on a parcel 30.032.19.30.041 that does not include a primary structure; and WHEREAS, the property is legally described as follows: Parcel 30.032.19.30.0003: RESERVED FOR MILLS BEG AT SELY COR LT 7 BLK 21 THN NLY ALG WLY LN SD RES FOR MILLS TO SE COR LT 3 BLK 21 THN ELY ON LN PARL W/N LN SD RES FOR MILLS TO ST CRX RIV THN SLY ALG SD RIV TO PT ELY FROM POB ON LN PARL W/SD N LN THN WLY TO POB SUBDIVISION NAME REVISION OF VASA SUBDIVISION CD 91655 Parcel 30.032.19.30.0041: LOTS 4, 5, 6 AND 7 021 SUBDIVISION NAME REVISION OF VASA LOT 4 BLOCK 21 SUBDIVISION CD 91655 WHEREAS, the Planning Commission reviewed the request for the Variance at a duly noticed Public Hearing on September 6, 2016, and recommended denial 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 denial of a Variance to an accessory structure located on Parcel 30.032.19.30.0041 that replaced a substandard structure located approximately 170' from the Ordinary High Water Line (OHWL) of the St. Croix River, based on the following findings: 1. The replacement of the demolished structure with the new structure in a location that does not meet the required dimensional standards in the St. Croix Riverway Ordinance and where there is no primary structure is not in harmony with the general purposes and intent of the Comprehensive Plan and Development Code. The Comprehensive Plan supports protection of the Riverway Corridor through the application of the St. Croix Riverway Overlay District Standards. The Riverway Ordinance requires that replacement of substandard structures occur in a location that meets setback requirements in order to protect the Riverway and bring properties into compliance with the dimensional standards of the ordinance. The Development Code requires that no accessory structure be built on a parcel without a primary structure. Resolution No.: 09 -20 -16 - Page 2 of 3 2. The proposed use is reasonable under the conditions allowed by the Development Code. Single-family residences and related accessory structures are reasonable uses in the Agriculture Core and St. Croix River Districts. The applicant has not identified any practical difficulties that are unique to the property as a rationale for the variance. There are many similar small, substandard buildings within the Riverway District that have been used by their owners for a long time. The requirement for replacement of these structures in a location that meets the ordinance requirement if they are destroyed was specifically included in the St. Croix Riverway Ordinance to improve compliance with Riverway standards within the Riverway District. Many property owners in Scandia have requested that they be allowed to build accessory structure on parcels without a primary structure, but there is no unique practical difficulty in this case that would permit granting a variance from this requirement. 4. Granting the variance would not alter the essential character of the area. 5. The applicant did not identify economic conditions as the rationale for the variance, and economic conditions would not be considered as the sole rationale for granting the variance. 6. The replacement structure will not impair the supply of light or air to adjacent properties. Maintenance of the use will not increase congestion, endanger the public, or substantially diminish or impair property values in the neighborhood. 7. The requested variance is not the minimum action required to meet the Riverway Ordinance and Development Code requirements. The City has identified a large area on the western parcel of the property where the structure could be located to meet all dimensional requirements. The applicant may complete a relatively simple lot consolidation action to comply with the requirement that accessory structures be located on a parcel with a primary structure. 8. The variance is not related to a need for direct sunlight for solar energy systems. FURTHER BE IT RESOLVED, that the applicant and owner shall complete the following: 1. The applicant or owner shall move the accessory structure to a location that meets all of the dimensional requirements of the St. Croix Riverway Ordinance and Development Code. The City shall assist the applicant to accurately determine the area where the accessory structure may be placed to meet the Code requirements. 2. The owner shall combine the two parcels at 12970 St. Croix Trail North (30.032.19.13.0041 and 31.032.19.13.003) so that the accessory building and primary building are on the same parcel. Resolution No.: 09 -20 -16 - Page 3 of 3 3. These conditions shall be completed within 60 days of the City's denial of the variance request. Adopted by the Scandia City Council this 20th day of September, 2016. Randall Simonson, Mayor ATTEST: Neil Soltis, Administrator/Clerk