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4.b AckermanVariancePC3.7.17Memorandum To: Scandia Planning Reference: Ackerman Variance Request Commission Copies To: Neil Soltis, City Administrator Brenda Ecklund, City Clerk Joe Ackerman, Applicant Project No.: 16322.004 From: Sherri Buss, RLA AICP, Routing: Planner Date: February 28, 2017 SUBJECT: Ackerman Request for Variance from Setbacks from the OHWL, Bluff, and Roadway Right -of -Way and Prohibition on Grading in the Bluff Impact Zone of the Bone Lake Shoreland Area MEETING DATE: March 7, 2017 LOCATION: 23271 Lofton Court North Scandia, Minnesota APPLICANTS: Joe Ackerman 779022 9th Street North Forest Lake, MN 55025 ZONING: General Rural (GR) District and Shoreland Overlay District 60 -DAY PERIOD: April 9, 2017 ITEMS REVIEWED: Application, survey, and supplemental information received February 9 and Revised Survey received February 16, 2017 BRIEF DESCRIPTION OF THE REQUEST: The applicant is proposing to build a new home and related structures on a parcel within the Shoreland Overlay District of Bone Lake. The proposed home location would require a variance from the dimensional and performance standards in the Shoreland Management Ordinance. The parcel area is 0.43 acres and it is located in the General Rural (GR) District and the Shoreland Overlay District of Bone Lake, a Recreational Development Lake. The City approved An employee owned company promoting affirmative action and equal opportunity 444 Cedar Street, Suite 1500 Saint Paul, MN 55101 651.292.4400 tkda.com TKDA Memorandum To: Scandia Planning Reference: Ackerman Variance Request Commission Copies To: Neil Soltis, City Administrator Brenda Ecklund, City Clerk Joe Ackerman, Applicant Project No.: 16322.004 From: Sherri Buss, RLA AICP, Routing: Planner Date: February 28, 2017 SUBJECT: Ackerman Request for Variance from Setbacks from the OHWL, Bluff, and Roadway Right -of -Way and Prohibition on Grading in the Bluff Impact Zone of the Bone Lake Shoreland Area MEETING DATE: March 7, 2017 LOCATION: 23271 Lofton Court North Scandia, Minnesota APPLICANTS: Joe Ackerman 779022 9th Street North Forest Lake, MN 55025 ZONING: General Rural (GR) District and Shoreland Overlay District 60 -DAY PERIOD: April 9, 2017 ITEMS REVIEWED: Application, survey, and supplemental information received February 9 and Revised Survey received February 16, 2017 BRIEF DESCRIPTION OF THE REQUEST: The applicant is proposing to build a new home and related structures on a parcel within the Shoreland Overlay District of Bone Lake. The proposed home location would require a variance from the dimensional and performance standards in the Shoreland Management Ordinance. The parcel area is 0.43 acres and it is located in the General Rural (GR) District and the Shoreland Overlay District of Bone Lake, a Recreational Development Lake. The City approved An employee owned company promoting affirmative action and equal opportunity Ackerman Variance Staff Report Scandia Planning Commission Page 2 March 7, 2017 a variance to construct a home on this parcel in 2009, but the proposed home was not constructed within the time frame permitted for use of the variance. BACKGROUND The applicant is proposing to construct a new home with attached garage, driveway, and septic system on the parcel at 23271 Lofton Court North. The proposed setback for the home is 60' from the Ordinary High Water Level (OHWL). The proposed structure would extend over the Bluff Impact Zone and bluff setback, and would be located approximately 2' onto the bluff. The existing septic system rock structure is located approximately 10' from the roadway right-of-way of Lofton Court. The applicant applied for a variance to construct a home on the same parcel in 2009. At that time, the applicant requested that the variance be granted to construct the home 58' from the OHWL and 2' into the bluff area. The City approved a variance to locate the home 78' from the OHWL and 18' from the bluffline. The previous home on the property was located 82 feet from the OHWL. The rationale to allow the new home to be 4 feet closer to the OHWL than the previous structure was based on the need to accommodate a septic system that meets current County Ordinance requirements, while granting the minimum variance needed to address the identified hardship. The proposed design of the home has changed since the design that was approved with the variance in 2009. The proposed design includes a large deck across the lake side of the structure that was not included in the design submitted in 2009. The proposed location of the home would require a variance from the setback from the OHWL and bluff, and from the performance standard that does not allow grading or filling within the Bluff Impact Zone. The Bluff Impact Zone includes the bluff area and the area located within 20 feet from the top of the bluff. EVALUATION OF VARIANCE REQUEST Comprehensive Plan The Comprehensive Plan describes the General Rural District as a residential area of mixed lot sizes. The Plan states that overall density in the District should meet the Metropolitan Council requirement of no more than 1 housing unit per 10 acres, but acknowledges that there are a significant number of existing smaller parcels in the District, that areas around the lakes in Scandia that do not meet the lot size and density standard, and that this will continue. The Comprehensive Plan includes goals to protect the water resources and bluff areas in the City through enforcement of the City's ordinances. The City adopted the setback requirements from the OHWL and bluff areas and the standard that prohibits grading in the bluff impact zone to protect water and natural resources in Shoreland areas. The application states that the variance is needed in order to locate a septic system that meets county requirements on the parcel to serve the proposed home. The proposed structure location is not consistent with the goals of the Comprehensive Plan and Shoreland Overlay District to protect Shoreland and bluff areas from impacts. 01 Ackerman Variance Staff Report Scandia Planning Commission Page 3 March 7, 2017 Development Code Requirements: Lot Size and Setbacks The applicants' parcel is 0.43 acres in size, and is a legal nonconforming lot in the Shoreland Overlay District. The required setbacks for structures in the Shoreland Overlay District of Recreational Development Lakes are the following: • Building setback from the OHWL: 100 feet • Septic system setback from the OHWL: 75 feet • Building setback from the bluff line: 30 feet • Side setback (parcels less than 1 acre in size): 10 feet • Rear setback: 50 feet The proposed structure setbacks include: • Building setback from the OHWL: 60 feet • Septic system setback from the OHWL: 105 feet • Building setback from the bluff line: -2 feet • Building setback from the closest side lot line: 10 feet • Existing structure setback from the rear lot line: 10 feet The proposed home requires a variance from the required setbacks from the OHWL and bluff line. It meets the setback reauirements from the side lot line. Accessory Structures The aerial photo indicates that there are existing accessory structures on the property that are not shown on the survey. The structures include an existing garage and one or two storage structures near the lake. The Development Code permits 1 accessory structure up to 720 square feet in size on parcels that are less than 1 acre in size. The applicant indicated that the garage will be removed if necessary. 1 or 2 existing structures need to be removed to meet the ordinance requirement. The Planner included a proposed condition for approval of the variance that the garage shall be removed prior to approval of the building permit. One accessory structure is permitted on the parcel. The structure(s) near the lakeshore do not meet the required structure setbacks, and are therefore nonconforming. If nonconforming structure are removed, damaged or destroyed in the future, they may only be replaced in compliance with the standards in the Development Code. Lot Coverage The Shoreland Overlay District permits up to 25% lot coverage. The surveyor calculated that the existing lot coverage by the home, garage and driveway is approximately 16% of the parcel. The surveyor did not include the proposed deck areas in the lot coverage calculation. Decks are defined as impervious surfaces in the Shoreland Ordinance. The deck areas include approximately 850 square feet, and the impervious cover including the deck areas is 21 %. The proposed structures meet the impervious cover requirement of the ordinance. I Ackerman Variance Staff Report Scandia Planning Commission Page 4 March 7, 2017 Building Height The maximum structure height permitted in the Shoreland Overlay District is 35 feet. The proposed home will be 18' in height at the tallest point, based on the definition of building height in the Development Code. The proposed building meets the ordinance requirement. Driveway Access The site plan includes a driveway that meets the setback requirements in the Development Code. Wastewater Treatment and Well The applicant has proposed a new septic system between the home and the roadway, and is proposing to use the existing well. The Planner sent the application to the Washington County Health Department for review and comment. County staff noted to the following in their comments, based on the County's Subsurface Septic Treatment System (SSTS) Ordinance (Ordinance 196): • The required separation from the house to the soil treatment area (mound absorption area) is 20 feet • The required separation from the home to the tanks is ten feet. • The tanks and soil treatment area need to be setback at least 10 feet from the property line. • The tanks and soil treatment area must be located at least 50 feet from the well. County staff reviewed the proposed septic system in 2007, and provided a letter to the applicant regarding the location of the system. The County staff recommend that if the proposed home is still a 2 -bedroom home, that it may be located at approximately the same location in relationship to the septic system as the structure that was proposed in 2007, and as approved by the 2009 variance. This would permit the house to be located 78' from the lake while meeting the septic system setback requirements. The septic system does not require that the home be located closer to the lake than the distance approved in the 2009 variance. The Planner has included a condition that the applicant shall obtain the required permits for the septic system and well. The staff recommendation is to approve the same structure setback variance from the OHWL that was aDDroved in 2009. Impacts to Bluffs, Slopes, and Vegetation The Shoreland Management Ordinance requires a 30 -foot setback from the top of bluff line, and requires that grading and filling is prohibited within the bluff impact zone (20 feet from the bluff line and the bluff area). The ordinance requires that grading or filling requires a grading permit and the activities must meet the requirements of the Development Code. The Shoreland Ordinance also requires that there be no cutting or removal of trees over six (6) inches in diameter within the required building setback unless the trees are dead, diseased, or a safety hazard, or if the removal is required for construction of buildings or septic systems. 7 Ackerman Variance Staff Report Scandia Planning Commission Page 5 March 7, 2017 The applicant has proposed that the structure be located within the required bluff setback and bluff impact zone. The proposed location would require a variance. The variance request is discussed later in this staff report. The proposed conditions for the variance require the applicant to obtain a grading and erosion control permit from the City and required Watershed District permits. The survey does not identify trees that will be removed to construct the home, septic system and driveway. The previous staff report stated that the City has typically included a condition for similar variances that the property owner shall install landscaping for stormwater management to mitigate for the loss of trees within the structure setback. Stormwater management will be addressed as part of the Watershed District's permit requirements and recommendations, including plantings and landscaping. Watershed District Comments The Planner sent the application to the Comfort Lake -Forest lake Watershed District (CMSCWD) for comments. The District's comments included the following: • The District would like to see the structure meet the setback requirements if possible. If it is not possible, encroachment on the bluff should be minimized. • The project will trigger the District's Erosion Control rule. If a variance is granted, the District's buffer rule will be triggered. The applicant will need to incorporate a buffer area along the shoreland and record the buffer. Landscape Plan The applicant will need to meet the Watershed District's requirements for a vegetated buffer along the shoreline if the variance is granted. The District will approve the buffer plans. 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. Comments received by March 7 will be provided at the Planning Commission meeting. 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 in the Development Code 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. 7 Ackerman Variance Staff Report Scandia Planning Commission Page 6 March 7, 2017 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 applicant stated that the variance is needed in order to locate the structure and required septic system and back-up septic location on the parcel. Variance Request and Findings The following bullets include the Planner's findings related to the Ackerman request for a variance. Each of the criteria is shown in italics: • Variances shall only be permitted when they are in harmony with the Comprehensive Plan and general purposes and intent of the official control. The proposed residential use is in general harmony with the Comprehensive Plan policies that permit residential uses in the General Rural District, but the applicant's request for a 60' structure setback from the OHWL is not in harmony with the Plan's goals and policies for protection of water, bluffs and natural resources. A septic system that meets County requirements is needed for the proposed use. Washington County has reviewed the plans and proposed septic system, and stated that the home could be located 78 feet from the OHWL and 18 feet from the top of the bluff and to accommodate a septic system that meets the requirements of the County's SSTS ordinance. The City may grant a variance to accommodate the house and septic system, but should it should be the minimum variance from the required setbacks to accommodate the use based on the variance criteria. The applicant shall be required to obtain City and Watershed District permits for erosion and sediment control and stormwater management, and to implement the Best Management Practices that are required to mitigate the potential impacts to water and natural resources if the variance is granted. • 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 General Rural District and Shoreland District, and are a reasonable use on the parcel. • The practical difficulties are not caused by the landowner, and are unique to the property. The practical difficulties are unique to the property, and include the location of bluffs and dimensions of the existing parcel that do not permit the location of the home and septic 7 Ackerman Variance Staff Report Scandia Planning Commission Page 7 March 7, 2017 system at a location that would meet all of the setback requirements in the ordinance. The landowner did not create the practical difficulties. • The variance would not alter the essential character of the area. Granting the variance at the location requested by the applicant (60' from the OHWL) would alter the character of the area. The Planner reviewed aerial photos, and estimated that the structures on many of the adjacent parcels are located between 77-88 feet from the OHWL, or meet the setback requirements. None of the dwellings in the area are located as close to the lake as the location proposed by the applicant. Granting the variance at the location permitted by the variance that was approved in 2009 (78' from the OHWL) would be consistent with the existing setbacks and visual character of the area, and is similar to the location of the previous house on the parcel. • Economic conditions alone shall not constitute practical difficulties. The practical difficulties are not related to economic conditions alone, but are caused by the location of bluffs and the dimensions of the existing parcel. • The proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. The proposed residential use will not impair the supply of light or air to adjacent properties or 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 to permit the home 60' from the OHWL is not the minimum action required to develop a home on the parcel that addresses the practical difficulties. The minimum structure setback that would eliminate the practical difficulties is the 78' setback that was approved in the 2009 variance. • 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. ACTION REQUESTED: The Planning Commission should receive public comments at the hearing on March 7, discuss the variance request, and can recommend the following: 1. Approval 2. Approval with conditions 3. Denial with findings I Ackerman Variance Staff Report Scandia Planning Commission Page 8 March 7, 2017 4. Table the request PLANNING STAFF RECOMMENDATIONS: The Planner recommends that the Planning Commission recommend approval of a variance to permit the construction of a new single family dwelling that is a minimum of 78 feet from the OHWL and 18 feet from the top of the bluff on the parcel at 23271 Lofton Court. The septic system shall be located between the new home and the roadway right-of-way, and shall meet the setback requirements of Washington County Ordinance 196. The Planner recommends the following conditions for the variance: 1. The applicant shall submit a revised Certificate of Survey that locates the dwelling a minimum of 78' from the OHWL of Bone Lake, and locates the septic system and back- up system between the dwelling and roadway at a location that meets the requirements of County Ordinance 196 and recommendations of County staff. 2. The applicant shall obtain a building permit for the proposed development of the site. 3. The existing garage and/or storage structure shall be removed prior to approval of the building permit. One accessory structure up to 720 square feet in area is permitted on the parcel. 4. The applicant shall obtain the required permit(s) for the septic system and well. 5. The applicant shall obtain a Grading/Land Alteration Permit from the City for any land alteration within the Bluff Impact Zone and bluff setback. 6. The applicant shall obtain the required Watershed District permits for the project, and shall incorporate a shoreline buffer area and record the buffer if required. 7. The applicants shall pay all fees and escrows associated with the variance application. 7