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7.b)1) Gillespie Variance from the Requirement for Minimum Frontage on an Improved Public Street and Sketch Plan for Minor Subdivision � + Meeting Date: 07/17/12 Agenda Item: , % %; / City Council Agenda Report City of Scandia 14727 209`h St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Consider the application of Dawn Gillespie for a variance from the zoning and subdivision regulations requiring each lot to have frontage on an improved public street, and review a sketch plan for a minor subdivision to create two lots at 20290 Olinda Trail. Deadline/Timeline: 60-day review period expires August 11, 2012. Background: • The Planning Commission held a public hearing on the variance application at its July 3, 2012 meeting. The report prepared by the City Planner is attached. It has been updated with new information received at and after the Planning Commission meeting. • The Commission recommended approval of the variance, with findings and conditions as recommended by the Planner which have been have been incorporated into a draft resolution for the City Council's use. The draft resolution also includes conditions recommended by the City Attorney. • The Planner's report includes comments on the Minor Subdivision (see pages 6 and 7), which was submitted for informal comments only. Recommendations: I recommend that the Council adopt the resolution approving the variance as recommended by the Planning Commission. The applicant would be required to submit a Preliminary Plat Application for the Minor Subdivision for the City's approval before construction of any of the proposed improvements on the property. Attachments/ • Draft Resolution No. 07-17-12-02 Materials provided: • Excerpt of Draft Planning Commission Minutes for July 3, 2012 Meeting • TKDA Memorandum dated July l 0, 2012 with Attachments • Letter dated July 11, 2012 from Susan Fitzgerald • Letter dated July 12, 2012 from Connie and Mark Polsfuss Contact(s): Dawn Gillespie, 651 433-5716 Sherri Buss, City Planner 651 292-4582 Prepared by: Anne Hurlburt, Administrator (gillespie variancc) Page 1 of 1 07/13/12 CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 07-17-12-02 APPROVING VARIANCE FOR 20290 OLINDA TRAIL WHEREAS, Dawn Gillespie has made an application to create two lots by subdividing an existing parcel at 20290 Olinda Trail, and requested a variance from the zoning and subdivision standards that require that each lot have frontage on an improved public street; and WHEREAS, the property is legally described as follows: The North Six (6) Rods of the East Two (2) Rods of the Southwest Quarter of the Southeast Quarter (SW1/4 of SE1/4) of Section Twenty-two (22), in Township Thirty-two (32) North, of Range Twenty (20) West, containing .08 acre of land, more or less, and the Northwest Quarter of the Southeast Quarter (NW 1/4 of SE 1/4) of Section Twenty-two (22) in Township Thirty-two (32) North, of Range Twenty (20) West, except the West Two (2) Rods of the South Six (6) Rods thereof, contain 39.92 acres, more or less; and WHEREAS, the Planning Commission reviewed the request at a duly noticed Public Hearing on July 3, 2012, and has recommended approval; 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 two lots to be created at 20290 Olinda Trail without the required frontage on a public street, 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. 2. The proposed single-family residential use and lot sizes are consistent with the Comprehensive Plan and policies for the General Rural District. 3. The landlocked condition of the existing parcel was not created by the current owner. Resolution No.: 0�-17-12-02 � Page 2 of 3 4. The proposed lot size and use are consistent with the essential character of the surrounding General Rural District. 5. The request is related to the existing landlocked nature of the existing lot, not economic conditions. 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 and provide access to the parcels. 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 8, 20l 2. The platted lots shall meet the requirements of the Development Code. 2. The Applicant shall submit a Preliminary Plat for the Minor Subdivision to the City that meets the requirements of the Development Code. The Preliminary and Final Plats shall be approved by the City before construction of proposed improvements on the property. 3. The subdivision shall be recorded at Washington County before construction of the improvements on the property. 4. As part of the subdivision application, the Applicant shall have prepared and provided to the City Attorney for approval a document or documents, in recordable form creating a shared driveway easement for the proposed subdivided lots consistent with the conditions required by the Council approval and identifying the maintenance responsibilities of the respective owners of such lots regarding the driveway. The document or documents shall have been approved by the City Attorney, and shall be recorded at or prior to the recording of Final Plat. 5. The Applicant shall complete improvements and maintain the common access and future shared driveway to allow for emergency vehicle access to the existing and future homes, including the following: • In order to provide reasonable access to fire trucks and rescue vehicles, the Applicant shall provide a minimum 12' wide gravel surface for the common access and shared driveway (Class 5 aggregate base). The gravel should be a minimum 6"thick compacted surface. Resolution No.: 07-17-12-02 Page 3 of 3 . • The Applicant shall maintain a 16' wide opening around the driveway by clearing trees or shrubs as needed. • The Applicant shall slope the driveway to drain the gravel to ditches and culverts. • The Applicant shall add ditches or culverts if needed to provide adequate drainage for the driveway and common access. • The driveway shall at all times be maintained in a condition so as to allow access by fire trucks, rescue and other emergency vehicles, including ensuring that equipment and vehicles are not parked within the driveway area. 6. The Applicant shall complete the improvements required in Condition #5 before the City shall issue a building permit for new construction on either parcel. 7. The Applicant or future owner shall obtain the required wastewater system permit from Washington County for construction of a future home on the new parcel(s). 8. The applicant or future owner shall obtain a Watershed District permit for storm water management for proposed improvements and erosion control if required by the District. 9. The variance is approved for a shared driveway and access for the two parcels that are shown on the plan for the proposed subdivision. The applicant or future owners must apply for a variance if additional subdivision of the parcel(s) and shared access is proposed in the future. 10. The Applicant shall pay all fees and escrows. Adopted by the Scandia City Council this 17th day of July, 2012. Randall Simonson, Mayor ATTEST: Anne Hurlburt, Administratar/Clerk July 3, 2012 The Scandia Planning Commission held their regular monthly meeting on the above date. Chair Christine Maefsky called the meeting to order at 7:03 p.m. The following were in attendance: Commissioners Jan Hogle, Tom Krinke, Peter Schwarz and Commission Chair Christine Maefsky. Absent: Commissioner Steve Philippi. Staff present: City Administrator Anne Hurlburt, City Planner Sherri Buss and Deputy Clerk Brenda Eklund. APPROVAL OF AGENDA, MINUTES Krinke, seconded by Schwarz, moved to approve the agenda as presented. The modon carried 4-0. Krinke, seconded by Schwarz, moved to approve the June 5, 2012 minutes as presented. The motion carried 4-0. PUBLIC HEARING: VARIANCE FROM THE REQUIREMENT FOR MINIMUM FRONTAGE ON AN IMPROVED PUBLIC STREET AND SKETCH PLAN FOR A MINOR SUBDIVISION TO CREATE TWO LOTS AT 20290 OLINDA TRAIL. DAWN AND GARY GILLESPIE, APPLICANTS. City Planner Sherri Buss presented the planner's report and summarized the applicant's request to create two lots by subdividing their existing 40-acre parcel. Each lot would be approximately 20 acres in size. The existing parcel and proposed lots do not have frontage on a public roadway. Access from Olinda Trail to the residence is through an existing easement. The applicants propose that a homeowners association will manage maintenance on a shared driveway and the common access for both lots. The proposed subdivision requires a variance from the lot frontage requirement in the zoning ordinance. The applicants also requested a review of the proposed concept plan for the minor subdivision. Buss explained that the City may provide comments on the Sketch Plan without granting an approval of the plan. Buss noted that the existing lot has two accessory structures, totaling approximately 5,300 square feet; the existing code allows a maximum of 4,500 square feet on a 20-acre parcel, which would be created by the proposed subdivision. City Administrator Hurlburt clarified that a variance for excess square footage of accessory buildings would not be needed. The existing buildings would be considered non-conforming and would follow the regulations in the development code which pertain to non-conforming structures. Buss recommended approval of the variance and provided a number of findings based on the statutory criteria for granting a variance. These findings and conditions of approval were included in the Planner's Report. Buss asked the Commissioners to consider the issue of shared driveways. Buss explained that the City has allowed few shared driveways in the past,based on potential problems associated with these driveways in the long-term. The conditions included that required improvements be made to the driveway to allow for emergency vehicle access. July 3, 2G 12 Scandia Planning Commission ' Page 2 of 4 In terms of the Sketch Plan review, Buss advised that a number of items would need to be submitted in the form of a Preliminary Plat that meets the requirements of the Development Code before any formal approval is granted. Buss added that informal comments can be made at this time on the proposed subdivision. Commission Chair Maefsky opened the public hearing at 7:20 p.m. Jon Ludwig, 13900 202"d Street: Mr. Ludwig was concerned that allowing the excess accessory building size on a 20-acre lot may set precedence for future subdivisions. He noted an 18% overage beyond what the code allows. He suggested that the acreage be divided in a way that would meet the zoning requirements for accessory structures. Mr. Ludwig also questioned if the acreage could be further subdivided in the future, or is it a one-time solution. Connie Polsfuss, 20230 Olinda Trail: Ms. Polsfuss expressed a concern for any future subdivision of the property. She stated that they moved out to the country from the cities and want it to remain open, with few neighbors. Gary Gillespie, Applicant, 20290 Olinda Trail: Mr. Gillespie clarified that they intend to add an adjacent 10-acre parcel to the 40-acre lot, and would then have an approximately 30-acre parcel and a 20-acre lot upon subdividing. This could meet the standards for the accessory buildings, but measurements would need to verify this. Commissioner Hogle asked if the accessory building could be defined as an agricultural building. Mr. Gillespie answered that he considered it an ag building as they kept horses in it for many years. Administrator Hurlburt questioned if the acreage is classified as agricultural for tax purposes. Mr. Gillespie stated that the assessor has defined the property as "urban forest". Hurlburt stated that more information is needed to fully determine if the accessory buildings meet the zoning code, but the real issue is allowing the property to be divided without having frontage on a public roadway. Mr. Gillespie thought that any future subdivision is not a pertinent issue in this case. Buss explained that the current code allows a density of 41ots per 40 acres in the General Rural district, but that any future subdivision would also require a variance for no road frontage. Connie Polsfuss, 20230 Olinda Trail: Ms. Polsfuss asked if Mr. Gillespie's current driveway would be used as the access for the new proposed lot. Mr. Gillespie stated yes, his driveway would be used as the access drive to the proposed subdivided lot. There were no more comments, and Chair Maefsky closed the hearing at 7:34 p.m. Commissioner Krinke stated his concerns about allowing shared driveways due to future owner disagreements which may come to the City for resolution. Krinke considered this a matter for the City Attorney to advise on. City Administrator Hurlburt explained that many cities have a policy of no shared driveways; future owners may have expectations for public services, such as snowplowing, and may look to the city to turn it into a public roadway. Krinke asked if this has potential to be a future risk to the City. Hurlburt stated that it is, and it's important that conditions in the resolution require that minimum standards for emergency vehicle access be � July 3, 2012 ' Scandia Planning Commission Page 3 of 4 met; and that it include owner obligations for maintenance. Hurlburt explained that this is how the City could protect itself from future liability. Commission Chair Maefsky noted Commissioner Philippi's written comments addressing his procedural concerns about the potential subdivision. Buss explained that the applicants are looking for comments on the sketch plan, and would have to submit an application for a minor subdivision before any building permits are issued. Commissioner Hogle commented that the City needs to carefully consider how to deal with landlocked parcels, as there are other properties with similar problems such as this. Schwarz expressed his agreement with Krinke's concerns regarding the lack of road frontage and the shared driveway situation, and stated that he could not recommend approval. Krinke, seconded by Schwarz, moved to deny the variance application based on the information before them. The Commissioners discussed potential findings upon which to base a denial. They noted that it is not a good policy for the city to allow subdivisions without frontage on a public road, but also noted that it is a pre-existing landlocked property which has an access to a public street. Hogle noted that at this point, only one more residence is being added to the road. Hurlburt asked them to consider if the conditions of approval are enough to avoid the negative aspects of not having public road frontage. Chair Maefsky called for a vote on the above motion: Voting yes—Krinke, Schwarz; voting no—Hogle, Maefsky. The motion failed with a 2-2 vote. Krinke, seconded by Hogle, moved to approve the variance with the conditions as recommended in the Planners' Report with the added conditions that 1) there will be no more than one additional residence sharing the driveway, and 2) Condition 4 have language added that a building permit could not be issued until the driveway meets the required standards. Planner Buss explained that this will communicate to future councils and purchasers the intent to limit access to one residence on the proposed 20-acre parcel. Chair Maefsky called for a vote on the above motion: Voting yes—Hogle, Krinke, Maefsky; voting no— Schwarz. The motion passed 3-1. City Administrator Hurlburt advised the Gillespies to attend the July 17 Council meeting for further action on their variance application. COMPREHENSIVE PLAN AMENDMENT, CITY OF MARINE ON ST. CROIX The City of Marine has submitted a proposed "Addenda" to its Comprehensive Plan and have requested that any comments be sent to the city office by July 31 S`. City Administrator Hurlburt 444 Cedar Street,Suite 1500 Soint Poul,MN 55101 651.292.4400 � tkda.com TKDA Memorandum To: Scandia City Council Reference: Gillespie Variance and Sketch Anne Hurlburt, City Plan Review Request, Administrator City of Scandia Copies To: Dawn and Gary Gillespie, Applicants Project No.: 15023.003 From: Sherri Buss, Planner Routing: Date: July 10, 2012 SUBJECT: Gillespie Application for Variance and Sketch Plan Review MEETING DATE: July 17, 2012 LOCATION: 20290 Olinda Trail Scandia, Minnesota APPLICANT: Dawn Gillespie ZONING: General Rural (GR) District 60-DAY PERIOD: August 11, 2012 ITEMS REVIEWED: Application and Site Plans received June 8, 2012 The Planner updated this report to include information and recommendations from the Planning Commission meeting on July 3. BRIEF DESCRIPTION OF THE REQUEST: The applicant is proposing to create two lots by subdividing their existing 40-acre parcel. Each lot will be approximately 20 acres in size. The applicant may combine the lot with the existing home with another 10-acre lot that is adjacent to the west to create a 30-acre lot. The subject property is located in the General Rural (GR) District. The applicant is requesting a variance from the zoning and subdivision standards that require that each lot have frontage on an improved public street. The development code requires that lots in the GR District have a minimum frontage of 160-300 feet on a public roadway, based on lot size. An employee owned company promoting affirmative action and equol opportunity Gillespie Variance and Sketch Plan Scandia City Council Page 2 July 17, 2012 The applicant is requesting a review of the proposed concept plan for the development. The City may provide review and comments on Sketch Plans without granting an approval of the plan. DETAILED EVALUATION OF THE REQUEST: Comprehensive Plan The Comprehensive Plan indicates that the General Rural District includes areas of mixed lot sizes, and will continue to do so. 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. Single family residential use is supported in the GR District. The proposed residential use is consistent with the Comprehensive Plan recommendations for uses and densities in the GR District. Lot Size and Frontage The Development Code specifies a density of 4 dwelling units per 40 acres in the GR District. The minimum lot size permitted is 2 acres. The applicant is proposing the creation of 2 lots on 40 acres. Each lot would be approximately 20 acres in size. The applicant may combine the lot with the existing home with another 10-acre lot that is adjacent on the western side of the parcel. The proposed lot sizes meet the minimum lot size requirement for the district. A condition is included that requires that the platted lots meet the requirements of the City's Development Code. The existing parcel and proposed lots do not have frontage on a public roadway. The applicant accesses Olinda Trail through an existing easement. The applicants propose that the new parcel will use the existing easement for access to Olinda Trail, and that they will create a homeowners association to manage maintenance on a shared driveway and the common access. The zoning ordinance requires that lots in the GR District have a minimum frontage on public roads of 160-300 feet, based on lot size. The proposed subdivision requires a variance from the lot frontaqe requirement. Findinqs related to the variance request are discussed below. Recommended conditions for the shared drivewav and common access are discussed in the comments on the Sketch Plan Review. Setbacks The setback requirements in the General Rural District for lots of 20 acres or more are: 40 feet front yard; 20 feet side yards, and 50 feet rear yard. The existinq structures on the lot meet the setback requirements. New structures on the proposed lots will be required to meet the setback requirements. Maximum Lot Coverage The maximum allowed lot coverage in the GR District is 25%. The Planner estimated that the lot coverage by existing structures on the proposed western 20-acre lot would be less than 10% after the subdivision of the property. The conditions include a requirement that the development on both lots meet the ordinance requirements, includinq lot coveraqe. 7 Gillespie Variance and Sketch Plan Scandia City Council Page 3 July 17, 2012 Accessory Structures No new accessory structures are proposed at this time. The western proposed 20-acre lot includes 2 existing accessory structures. The applicant indicated that the total area of the accessory structures is 4,444 square feet. The development code allows up to 2 residential accessory structures totaling 4,500 square feet and an unlimited number of agricultural structures on parcels that are 20 to 30 acres in size. The applicant indicated that one of the accessory structures has been used as a barn, and includes stalls for horses. The accessorv structures on the proposed western parcel meet the ordinance requirements. Accessory structures proposed on the eastern lot will need to meet the ordinance requirements. Building Height No new buildings are proposed in this application. Wastewater System No new wastewater systems are proposed at this time. The applicant or future owners of the properties will need to meet the requirements of the Washington County Subsurface Sewage Treatment System Regulations and obtain required County permits. Stormwater Management and Land Alteration No grading plan was included in the application. The Applicant is not proposing a change to existing conditions. Proposed development will need to meet the requirements of the Carnelian- Marine Watershed District and the City's zoning and subdivision ordinance for stormwater management and land alteration. Landscape P/an No new landscaping is proposed. DETAILED DISCUSSION OF THE VARIANCE REQUEST Ordinance 129 states that variances are allowed when the strict enforcement of the Development Code would cause practical difficulties because of circumstances unique to the individual property under consideration. The criteria for granting a variance include the following: • The applicant proposes to use the property in a reasonable manner not permitted by the Development Code. • The plight of the landowner is due to circumstances unique to the property, not created by the landowner. • The variance, if granted, will not alter the essential character of the locality. • The practical difficulties are not due solely to economic conditions. 1 Gillespie Variance and Sketch Plan Scandia City Council Page 4 July 17, 2012 • The proposed variance will not impair an adequate suppiy of light and air to adjacent properties, substantially increase the congestion of public streets, or increase the danger of fire or endanger public safety, or substantially diminish or impair property values within the neighborhood. • That the requested 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 applicant is requesting a variance from the zoning and subdivision requirements for frontage on a public roadway. The request includes access for one additional lot and future residence that would access Olinda Trail using an existing access and a shared driveway. The zoning code and subdivision regulations require minimum frontage on a public roadway for the following reasons: • To provide adequate access to homes or businesses for police, fire and other emergency services, school buses, snow plowing and similar public purposes • To manage the number of driveway accesses on public roadways to protect safety and mobility for those using public roadways The City has allowed few shared driveways in the past, based on problems associated with these driveways in the long-term: • Current or future property owners may have difficulty agreeing on and managing the maintenance of the driveway, and maintenance may be inadequate or deferred when this occurs. • When property owners in the association cannot agree or have fallen behind on maintenance, they have turned to city governments and requested that the city make the shared driveway a public road. Therefore the City has a significant interest in the request for the proposed variance. The City has approved at least one variance to the minimum frontage requirement in the past to provide access for a landlocked parcel. In that case, the City included conditions in the variance that required that the access and driveway be improved to minimum standards to allow for access by emergency vehicles. FINDINGS The following bullets present the Planner's findings related to the Gillespie request for a variance, based on the statutory criteria for granting a variance. Each of the criteria are shown in italics: • Variances shall only be permittc�d when they are in harmony with the general purposes and intent of the official control. The proposed residential use and lot sizes are consistent with the Comprehensive Plan and development code. The Applicant is requesting a variance from the code requirements for frontage on a public roadway. 1 Gillespie Variance and Sketch Plan Scandia City Council Page 5 July 17, 2012 • The property owner proposes to use the property in a reasonable manner under the conditions allowed by official control(s). Single Family Residences are permitted uses in the General Rural District, and the proposed use is therefore a reasonable use of the property. • The practical difficulties are not caused by the landowner, and are unique to the property. The practical difficulties are caused by the landlocked condition of the existing 40-acre parcel. The difficulty was a pre-existing condition unique to the parcel, and was not created by the current landowner. • The variance would not alter the essential character of the area. The surrounding area is a developed with residential and agricultural uses on a variety of lot sizes. The proposed 20-acre parcels and residential uses are consistent with the pattern of surrounding development and the General Rural District. • Economic conditions a/one shall not constitute practical difficulties. The practical difficulties are the result of the landlocked condition of the 40-acre parcel, not economic conditions. • The proposed variance will not impair an adequate supply of light and air to adjacent properties, substantially increase the congesfion of public streets, or increase the danger of fire or endanger public safety, or substantially diminish or impair property values within the neighborhood. The creation of one additional lot for residential use will not impair the light or air available to adjacent parcels, substantially increase traffic, fire danger or public safety concerns. Development on the new parcel will be required to meet the requirements of the City's development code and subdivision ordinance, and is unlikely to diminish or impair property values in the surrounding neighborhood. • That the requested variance is the minimum action required to eliminate the practical difficulty. The Applicant is proposing to continue to use the existing access to serve both lots, and has proposed the creation of a homeowners association to provide for maintenance of the access. The proposed development is the minimum action needed to address the practical difficulty to subdividing the lots for future development and providing access to a public roadway. The proposed conditions require that the access and proposed shared driveway be constructed and maintained to provide adequate access for emergency vehicles to the two lots. The addition of one residence to the access is unlikely to negatively impact safety and mobility on Olinda Trail. • Practical difficulties include, but are nof limited to inadequate access to direct sunlight for solar energy systems. The proposed subdivision will not affect direct solar access for surrounding properties 1 Gillespie Variance and Sketch Plan Scandia City Council Page 6 July 17, 2012 SKETCH PLAN REVIEW AND COMMENTS The Applicant has requested that City Staff and the Planning Commission review the proposed concept for subdivision of the property, and identify whether there are concerns or issues related to the proposed subdivision and potential future development with one additional residential unit on the eastern 20-acre lot. The application did not include information about where a new home or other structures would be located on the property. The application did not include a wetland delineation, soils information, or demonstrate that at least one acre of buildable land exists on the proposed new parcel. The information provided includes the size of the proposed lot, and a proposal to access the property using the existing access to the property as the common access for both parcels. The Applicant proposes that a homeowners' association will be created to manage maintenance of the access road. The Planner reviewed wetland maps included in the Carnelian-Marine Watershed Dist�ict plans and current aerial photos of the parcels. Based on this review, the Planner suggests that wetlands and poor soils are unlikely to be a constraint to the development of an additional residence on the proposed second parcel. Based on the information provided with the Application, staff have the following comments on the sketch plan: • The minimum design standards for subdivisions are included in Section 11.0 of Chapter 3 of the Development Code. The proposed subdivision meets the minimum standards except the following: o Each lot shall have frontage on an improved public street. The Applicant is requesting a variance from this standard. o Guidelines for the design of subdivisions and building site. The proposed location of the home that would be built on the new parcel and associated accessory structures, driveways, etc., are not shown on the sketch plan. The Variance includes a condition that the Applicant shall meet the subdivision ordinance design guidelines (Chapter 3, Section 11, Item 14 of the Development Code) when development is proposed on the lots. • The City approved a shared driveway for a similar two-lot subdivision. The approval included the following conditions, per the recommendation of the City's Engineer: o In order to provide reasonable access to fire trucks and rescue vehicles, the Applicant shall provide a minimum 12' wide gravel surface (Class 5 aggregate base). The gravel should be a minimum 6" thick compacted surface. o The Applicant shall maintain a 16' wide opening around the driveway by clearing trees or shrubs as needed. o The Applicant shall slope the driveway to drain the gravel to ditches and culverts. The Applicant shall add ditches or culverts if needed to provide adequate drainage for the driveway and common access. • The City will require that the applicant provide topographic data, buildable area on the parcels and proposed building pad, drainage, grading and erosion control plans, a wetland delineation and map, woodland preservation plan, information regarding soil 1 Gillespie Variance and Sketch Plan Scandia City Council Page 7 July 17, 2012 suitability for one-site septic system, and a final plat that meets the subdivision ordinance requirements with the preliminary plat application. • All future development on the parcels will need to comply with the requirements of the zoning and subdivision ordinances. • The applicant or future parcel owners must obtain required Watershed and County permits for stormwater management and septic systems. • Preliminary plans for development must be submitted to the City for review. No improvement shall take place within the subdivision until preliminary plat approval has been granted by the City. PLANNING COMMISSION DISCUSSION The Planning Commission discussed the applicant's request at its meeting on July 3, and held a public hearing on the variance request. Commission members completed a site visit before the meeting. The Commission received comments from neighbors regarding the proposed subdivision and variance request. The Commission's discussion focused on the following issues: • Commission members expressed concerns about the proposed shared access and driveway. They noted the potential for maintenance and access issues if future owners cannot agree or manage maintenance of the access, and concern that the City may be asked to step in if this situation occurs. • The Commission noted that few shared accesses and driveways have been approved in the City; however, some do exist. Commission members were concerned about whether approval of the variance would set a precedent that would encourage more shared driveways. However, members also noted that the City's subdivision ordinance does not prohibit shared driveways and access. • The Commission expressed concerns that each of the lots could be subdivided further, and there could be requests for more lots to share the driveway and access. The Commission noted that the density in the GR district would limit subdivision, as a maximum density of 4 units per 40 acres is currently allowed in the district. Staff indicated that the conditions for this variance could indicate that the variance is granted for the proposed subdivision only; any further subdivision that proposed use of the shared driveway and access would be required to seek another variance. • Commission members noted that the landlocked parcel is an existing situation that was not created by the existing owners. • The Commission voted to recommend approval of the variance, based on the findings noted in the staff report. They requested that conditions be added as follows: o That a condition be added that the required improvements to the driveway and access be completed before the City will issue a building permit for the project. o That the conditions stipulate that the shared driveway is approved only for the two lots proposed for this subdivision. Any additional subdivision that seeks to share the driveway and access will need to request a new variance. ACTION REQUESTED: The Planning Commission should discuss the Variance request, and can recommend the following for the Variance request: 1 Gillespie Variance and Sketch Plan Scandia City Councii Page 8 July 17, 2012 1. Approval 2. Approval with conditions 3. Denial with findings 4. Table the request The Planning Commission should provide comments on the sketch plan to the Applicants. PLANNING STAFF RECOMMENDATIONS: The Planner recommends that the Planning Commission approve the proposed variance from the zoning and subdivision requirement for frontage on a public roadway for the minor subdivision located at 20290 Olinda Trail. The Planner 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 8, 2012. The platted lots shall meet the requirements of the Development Code. 2. The Applicant shall submit a Preliminary Plat for the Minor Subdivision to the City that meets the requirements of the Development Code. The Preliminary and Final Plats shall be approved by the City before construction of proposed improvements on the property. 3. The subdivision shall be recorded at Washington County before construction of the improvements on the property. 4. The Applicant shall complete improvements and maintain the common access and future shared driveway to allow for emergency vehicle access to the existing and future homes, including the following: • In order to provide reasonable access to fire trucks and rescue vehicles, the Applicant shall provide a minimum 12' wide gravel surface for the common access and shared driveway (Class 5 aggregate base). The gravel should be a minimum 6" thick compacted surface. • The Applicant shall maintain a 16' wide opening around the driveway by clearing trees or shrubs as needed. • The Applicant shall slope the driveway to drain the gravel to ditches and culverts. The Applicant shall add ditches or culverts if needed to provide adequate drainage for the driveway and common access. 5. The Applicant shall complete the improvements required in Condition #4 before the City shall issue a building permit for new construction on either parcel. 6. The Applicant or future owner shall obtain the required wastewater system permit from Washington County for construction of a future home on the new parcel(s). 7. The applicant or future owner shall obtain a Watershed District permit for storm water management for proposed improvements and erosion control if required by the District. 8. The variance is approved for a shared driveway and access for the two parcels that are shown on the plan for the proposed subdivision. The applicant or future owners must 1 Gillespie Variance and Sketch Plan Scandia City Council Page 9 July 17, 2012 apply for a variance if additional subdivision of the parcel(s) and shared access is proposed in the future. 9. The Applicant shall pay all fees and escrows. 1 � � �. _ � ��sa- �a �c,�w -- � �2s. oa File No. APPLICATI�N FOR PLANNING AND Z4NING REQUEST City of �candia, Minnesota 14727 209th Street North,Scandia,MN 55073 Phone 651/433-227A Fax 651/433-5112 Web http:/lwww.ci.scandiaami.us Please read befor'e co�npleting: The City will not begin processing an applicetion that is incomplete. Deiailed subnvssion requiremenis may bc found in the Scandia Developmeut Code,available at the City officc and website(www.ci.scandia.mn.us)and in the checklist forms for the particular type of application. Application fees are due at tl�e time of application and are not refundable, l. Property Loc�tion: (street address, if applicable) ,zoz� U t i•��A �rz, 2. Washington Counfy Parcel TD: Z 32 2D � 2. �OU /�<: �r �C 22rd3 — D �Y3 --r�oc� r 3. Complete Legal Descrfption: (attach if necessary), t�IG� � rc�S . C��"', 2. rds o�F S w Yy of S„�', � a.L.�j �! t.t.�l�� cy-� S� Y e x C r��'f' (•c�� -. �"Ct S o� S o . f� r d �i a r t L i v► S t'C, .2-2�T 1� 3 2� h��N 2� 4. Owner(s): �,��1�C�1� � t L LE'S �l C Phone: 6 S�� `33 " 5 7/ b (h) �,) 6Si �-3 0 3 �- Y 8�S Street Address: Z C��-a C� d L /!V �f� / /2� E-Mail:��GL ts�' �/�6 C� �. City/State: �j,�� Zip: S 5��( ? 5. AppiicandContact Person: Phone: 1� � � �r �rc. ce � �>� � t�� ro� � �'�-�'� �— Street Address{Mailing): S E-Mail: � City/State: � C Zip: G. Requested Action(s): (check all that apply) � V�� Minor Subdivision— ��`r �� Conditional Use Permit Planned Unit Devefopment ]nterim Use Permat Preliminary P1eU Major Subdivision Certifioate of Compliance(Residential) Preliminary P1aU Open Space Conssrvation Subdivision Certificaie of Compliance(Commercial) Final Plei Map Amendn�ent(Zoning or Comprehcnsive Plan) ,_ Pe�►it Extension 3/24/2009 7. �n•€�f�es��-sg�ti�an �$'Rec�eaes�: (attuch se�arate sheer if necessary) i��'y u�� '�J S r�11'� �� f/C,�(-�� / N,1��'� , r� r �L : "f"o .�. -' 2 C'`� ,9�RF= ��tt�'C'�c-� �., r�� j� � �'" L�� 'C`(X � �� l �. e � Yl/L G� �2._ � L�- , .."-- � �Y�� V Y'l�� i�V! ct- � � '��':�. �e v� C r� , c-,- �--- �X � � Y�a-r �� -7 r�-/"_ Ir` � i� -��.�-- �� "t t.e�C� S<" (��' f'��-�� !,�C�---�'C�'L$,. / I / ] t�t� '�' C�-7f�r.t l_G'� /n 2 SC" � � t ✓` C�L_ �. 'j- ' C� , ��C' c'> t /z ► � ��d` C. a`�- ��SS��Y ��% �!, �,v g. Pro,q�c�I�l��e: I liereby apply for consideration of tlie sbove described request ar�d declare that the information and materials submitted with this application are complete and accurate. I understand that applicants are required to reimburse the city for all out-of-pocket costs incurred for processing,reviewing and hearing the application.These costs shall include,but are noY limited to:publication and msiling of notices;review by ihe city's engineering,planning and other consultants; legal costs,and recording fees. An escrow deposit to cover these costs will be collected by the city at the time of application. Any balance reinaining af�er review is complete will be refunded to the applicant. ?Vo interest is paid on escrow deposits. P&..�.�.5�I�I�B'�; If the fee owner is not the applicant,the applicant must provide written suthorization by the fee owner in order for this application to be considered complete. Property�ee��vnex Signmh�e(s) IIDute: , �� . t4-pp�ic�r�t�ig�stus-e fi)�te: � � 1 � ��/ �'or�aty BJse��nly Application rees: � �� • C� � �� IlI1�' ll E� f.(}lr Parcel Search Pee: "" � �"�7S (�(� C1 Y OF SCANDIA Escrow Deposit: � � � �• O C� 3/24/2009 � ; Individual(s)to Individuals(s) - ' � � No delinquent taxes and transfer entered; Certificate of Real Estate Value ( . ) �led ( ) not required Certificate of Real Estate Value No. ___ -- , � �'� � � . , ; � .. _ �� I �'�„t:l, �1, ;i. r_r?1�:'.r�=�, -`�:vL1�I�'q.,l i��:'��~:)il`::'t� ,'�,✓_�`;�__ r`:^�_.�,•%_.. ,� County Auditor ��f'-�,�n;;�;��'; �� - � I � '' �`�� ,, (' -�" ' I �R��'�� t�>:�-- f i1�� .1:`J�r�;�:r i by � . ::�,J,:==y,�'�`�,. - .. �i,,��::.,� Deputy �x�,;��' �;� �_ , ; - , . STATE DEED TAX DUE HEREON: • . ' • D�:.': ��._�' 9, iS49 — _ _ i ircsen:d ior rtcurdmg datal ' ' FOR VALUABLB CONSIDERATION, �annen P. Radke and_G�orge_Ra�ike,wife.a�id.hus.band.and I _ ._ _ _. _. Joyce Yd,�I�yers, a_single_person - - - -_ _. _ _- - . . _- - -- - -_ -- - ._.. _ _ __ , Grantor(s), (mar;tat scan,$) hereby convey(s)and warrant{s) to DawnA._Gillespi� _ __ _ _ __ _ __ _ _ __. _ _ .. __ ._ _ _ . - - _ - - -- -- - - - - - - - - - - - - - , Grantee(s) real property in _ _ _ S'Vashingtcln _ _ _ __ _ County, Ivlinnesota, described as foliows: ; See attached Exhibit "A" � � t r ' � , r, . . r _ i i, . f�� \i .� � . � . . . � �i. � - � . � ' .. . . . < .. C� � ` ,. 1 . :��- � � _ . ,. '_ << '�' ��,�„ t ' �. � � +�f r:era spzce is nttded.conrinne t+n hxtt-� -_�c_��= '�-':__ i.. `:.__,:,;;`_.�';: ;Y,� ct�.;::[-'.{up7�Z5 ��iJIl�7riQ t712i2IJ. SUD]Zi.( [O IIlE TOIIO\j'1Rg 2?(C2PUOIIS: i 1 VNASHIid�TQN CpUt�TY Auorroaaa�suAei Receipt No: 110038 0412-1999 i Daed tax hereon of $715.50 Paid . MN Conservation Fund M.S.413H 55.00 Paid ' �- , . �rginla R.Erdahl , Auditor-Treasurer by: CDNelso� — "',%�� ' ' ` ` i Carmen P.Radke ' � , - � Aftix lleed Tax Stamp Hzre George Radke ��'��'E �� P/�'�Q7'A. - . )oyce�W. �v1e��zrs � COL'��I' OF��'A:�H�1GT0� � S- -�'r� �,�-��,�� ,-,-r-, -- _„T-, � • ?�pri19. 1999 , i__ _�li�_ i_.1:y'Ti:_,. :i'`� 'ti.��`.�'.2dt�j P2IQI�'. [I12 Qll t7=_:: -. C_._.=D. �:....... ..�.� Gv�:_-�.��._ ;t�_. .._..�'..sa.��_ ?�:i J��'C2 «�. lle��e:s- -� - -- - � - — - _- _� =e==�� _ _ - - - --- . Grantorts�. I SOTaRI,�L STA�IP ORSE�L(OR OTHER T771E OR A4\B): , i ��- `��t // �i //�—.�i{ l.� / � j�1`sR�-,:�c`:�r�.x:�-_��'+�.plt�rl6s�`e ( � —y—�--.�_._._.. � 51C•�.1TLRE OF P��O�?a.11�G�C.l'�O�YLED��'�'�7 � _'�t�.r�-1 � � ��..!�A�.�ij i_ I — - ..�i�' � �` _iT S_:_—_' ____ "' ... '_:. '_ _ _ ' ' ��,•�* �'_' - . '.� . ,' - ; 'r._�: ..._'__'_:.__..�_._... 'r�r_ __'___."""'_'�� _ � . , � -', : - -- � C _. . . . �C�.-. .�. lJ"_C=r;�. ' i i + • � , � ( � � i I � • : , t- .' - . , • � � '. . , � , '�, ;, � � (if mort spaca is needed,conrinue on bztkl �:��ti_�: �•._i: c;l ?:�re ji�2;n.nc; ar:d appurenances belongino cherero, subject to ihe follo��ing exczptions: i VN�1SF91P1CaTOR1 GOUNTY AUDROR-TREA6URBi � + Receivt No.: 110038 04-12-1999 � , Deed tax hereon of $775.50 Paid , � A�tJ Conservation Fund M.S.�473H �5.00 Paid � ,_ � I �rgin�a R.�rdahl , Auditof Treasurer by: CDNelson � - I Carmen P, Radke � Affi�c Dee�; Tax St::m� Hzr.: Gcorge Radke �� . Joyce W,Meyers +�'L��JRI'�'Y ��'��GT'O� � ss ____ TI72 f0I2$p1I!? in_�ru;re�T ��2s a;,k��tl�d�e� before me on ,�pri19. 1999 , Dz�e �.; C�4�P. R��e �:: G�.-�= R��.,.. � --� �..;; i:u_band. and 1o>�ce \��. _lie�:eis. < :in:.le rer_en - - - -— ,-- - . Grantor(s). SO7.aRL1L 57A�[P OA SEAL�OR OTNER TITLE OR R�1\I:): , � , • _i b� — ' i�� -;':�_� �---'' �� ," ��,, i_,'��---- � ,=� � 4�ar`aa.:i;..-•++�:��1:�„�^. .. --�-- ---- — �' S1G�.�Tl7tF Cf PFd50�T,�3;I�G AC1C�0�1'LEDG\�\'T �cv'�,+�_'=�� f n"� j ��A,�13F!,i� �; ' ,�%�,�y':'�i` � = Ta1 Ss,-::__i.=-•e sta-f: ==;n ��rihe�i�this irs�vment should �' \ -,-� �" 'p _ ?-'-f" �L c. _.. - •_'-- .. �, - }�i __ _ �, . ... ._..._ ._..._ar..�«�rzss oi G:aatec�- � �`_ . .;r�. , - `an�,,:•„��;`,;; I Da��-n �. Gillespie 1N!<I��Ilil�ft�i\t�.p:-�i'ti:ti:1 �1�Ic \�,�UDFk>�. . , .. - _ . . ; LAWSON, �1ARSHr�LL. 1�icDOtiALD - � " - ` `-� � ��, &c GALOWITZ. P.A, Lawvers 38$0 Laverne Avenue North Lake Elmo, IVIN 5�042 � 651-777-6960 � JSM EXHIB�T"A>' The North Six (b) Rods of the Eest Two (2) Rods .. . of the Southwest Quarter of the Southeast Quarter (SW� of SE�) of Sec�i.on TwenCy-Cwo (22), i.n Township ThirCy- two �32) North, ar Range Twenty (20) West, containing . .� =�__ =� -_-:, -.-_� �_ _�s-� =�... �..� ';c.�...:esc ;�::s:ter oc the So�theast Quarter (NW'� of S��) of Section 1�renty- two {22), in Township Tnirty-two (32) North, of Range Twenty (20) West, except the West Two (2) Rods of the South 5ix (b) Rods thereof, containing 39.92 acres�more or less, According to the United States Government Survey thereof. 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Counly ofices.The drswing sMuld be used for refererrce � - purpases onjy.Washinpton County is na reaponsibk for arry � � , Inaccuredes. � ' l� �J� �� 2, 20�� ______.�-- --- �� Illl � � �01� Connie and Mark Polsfe�ss 20230 t3lirrda Trail North CITY OF SGAN�JIfi �arin� on St. Croix, M(� 55(347 __�.--_� �o G�ty Cauncil, Co�c�rnin� the proposa! af the Gillespie praperty. � was ir� atten�ance of th� F�iannir�g Comr�issior� Public H�aring of 7-3-12. I h�d rais�� th� ��s��r� a�the access t� the pro�er�r per Exhibi�k rr�as carr�ct. E �� told it �as c�rrect. h�iy concem �tarts with five yeaes pre�iousty�. t�e v�►ere appraac��d b��the Gill�spie's tQ sel! th�m land to increa�e th�ir driuev��a��siz�, w� declined. lt ap�ear� p�r map peou�ded by the City, th� GiAespie's ar� pianning to increa�� the roac� size to provicf� a�ccess for emergency vehicles across our property. We do not approve o�this. Sincerely, Cor�r�ie and t�ark Poisfus� l � � � �� % �J� July 11, 2Q12 ----. -- _._ _.-, S usan Fitzgerald � ��`�� 13900 202nd St. N. Marine on St. Croix, MN 55047 �{U� � 2 201� , Cl7Y CJF SCP,NDIA � Dear City Council Members, ! am writing to you regarding the request for a variance that will come before you on July 17th, 2012. The application is from Mark and Dawn Gillespie for a variance from the zoning and subdivision regulations requiring each loi to have frontage on an improved public street. The applicant is propasing a minor subdivision to create two 20 acre lots at 20290 Olinda Trail. ! live off 202nd St. N., directly behind the applicant's home; and attended the Public Hearing on July 3rd, 2012. 1 have a couple �uestions and a recommendation for an additianal Condition of Approval. Questions: 1. The applicants stated at the Planning Commissions' Public Hearing meeting (7-3-12) that they afso own t�n acres to the west of their home. The above proposed subdivision is on the east side of their home. The applicants have had their home on the market for periods of time, and they want the subdivision to create two lots, the n�w fot to be sold for a single family home. !f both lots are sold, what will happen to the ten acre lot on the west side of the existing home, since there is no access to it? 2. If the applicants want to sel! the ten acre lot for a single family residence at some time in the future, would a variance be required and would a public road be required? The existing road to the Gillespie's home is a narrow dirt road and it appears on the pre- subdivision map, this road abuts the land owned by Connie and Mark Polsfuss. The north side of the dirt road drops off significantly. How is the road gaing to be upgraded for emergency and police vehicles? 3. Should the Council approve th� request, I woul� like to present another possible Condition of Approval. The non-fronta! road be allowe� to have only two single family homes for fire and life safety. Thank you for you consideration, ��-�,a� S�san Fitzgerai�