4. b Staff Report Nelson Meeting Date: 8/5/08
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Agenda Item..
, 7,
Planning Commission/City Council
Agenda Report
City of Scandia
14727 2091h St. North
Scandia, MN 55073 (651) 433-2274
Action Requested: Hold a public hearing on the application of Ross and Marta Nelson for
a variance to allow an accessory structure to be located closer to the
right-of-way than the principal structure, for property located at 12445
235111 Street.
Deadline/ Timeline: 60-day review period expires September 15, 2008
Background: The planner will present the attached report and recommendations at
the meeting on August 5, 2008.
Recommendation: The planner has recommended approval of the variance with findings
and conditions which have been incorporated into a draft resolution
for use by the Planning Commission and City Council.
Attachments/ • Draft Resolution 08-05-08-XX Approving Variance Request
Materials provided: • TKDA Memorandum dated July 24, 2008
• Location Map
• Application Materials
Contact(s): Ross & Marta Nelson, 651 433-5611
Prepared by: Anne Hurlburt, City Administrator
(nelson variance)
Page 1 of 1
07/30/08
CITY OF SCANDIA, MINNESOTA
RESOLUTION NO. 08-05-08-XX
APPROVING VARIANCE REQUEST FOR 12445 235TH STREET
WHEREAS, Ross and Marta Nelson has made application for a variance to allow an
accessory structure to be located closer to the right-of-way than the principal structure, located at
12445 235th Street; and
WHEREAS, the property is legally described as follOwsr
Lot 2, Block 1, Greenfield Estates, Nisilifigton County, Mitmesota; and
WHEREAS, the Planning Commission reviewed request at a duly noticed Public
Hearing on August 5, 2008, and has recommended approval for the variance to allow an
accessory structure to,be located closer to the right-of-way than the principal structure; and
NOW, THEREFORE, BEFIT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SCANDIA,WASHINGTON COUNTY, MINNESOTA, that it should
and hereby does'approve the request of Ross and Marta Nelson has made application for a
variance to allow an accessory structure to be located closer to the right-of-way than the principal
structure,based on the following findings:
1) A hardship exists because the accessory structure is an allowed use, and there is not a
reasonable,alternative location for it on the property that conforms to all Ordinance
standards.
2) The proposed frontyard location for the accessory structure is the only reasonable location
due to circumstances that are unique to the property's topography, wetland, and location of
the existing house and septic system.
3) The west side yard is too narrow to place the accessory structure next to the house and allow
for reasonable air and light to the west side of the house.
4) The east side yard near the house is the location of the septic system. The east side yard
farther from the house is a wetland. Placing the accessory structure to the east of the house
would cause it to be closer to Meadowbrook Avenue than the primary structure.
Resolution No. 08-05-08-xx
Page 2 of 2
5) The rear yard, to the south of the house, is not a reasonable location due to topography and a
drainage area directing stoimwater to the wetland to the east.
6) The proposed accessory structure is in harmony with the general purpose and intent of the
Ordinance. The proposed structure is located 400 feet from 235th Street, and the area is
planted with evergreens, to limit the impact on the view from the road. The structure is
designed to resemble the house and is therefore less obtrusive as viewed from the road.
7) The proposed accessory structure will not alter the essential character of the area. The
building design and landscaping to screen the structure from the road are compatible with the
area's rural character.
8) The proposed accessory structure is consistent with the Comprehensive Plan in that site is
distanced from natural resources on the property: the wetland on the east side of the lot and
from the drainage area at the south of the lot.
FURTHER BE IT RESOLVED, that the following conditions of approval shall be met:
1. That the accessory structure is generally in confm mance with the Site Plan received by the
City July 9, 2008, and building plans dated May 21, 2008.
2. That all fees are paid.
Adopted by the Scandia City Council this fifth day of August, 2008.
Dennis D. Seefeldt, Mayor
ATTEST:
Administrator/ Clerk
DA 444 Cedar Street,Suite 1500
Saint Paul,MN 55101-2140
ENGINEERS•ARCHITECTS•PLANNERS (651)292-4400
(651)292-0083 Fax
www.tkda corn
MEMORANDUM
To: City Council Reference: Nelson Variance Request
Planning Commission City of Scandia, Minnesota
Anne Hurlburt, Administrator
Copies To: Ross and Marta Nelson Proj. No.: 14059.007
From: Berry Farrington, AICP Scandia File Number 2008014
Date: July 24, 2008 Routing: Sherri Buss, RLA
SUBJECT: Nelson Variance Request for Accessory Structure
MEETING DATE: August 5, 2008
LOCATION: 12445 235th Street
Scandia, Minnesota
APPLICANT: Ross and Marta Nelson
ZONING: Agriculture (AG)
60-DAY PERIOD: September 15, 2008
ITEMS REVIEWED: Application and Site Plans received July 9, 2008
Building Plans dated May 21, 2008, received July 17, 2008
BRIEF DESCRIPTION OF THE REQUEST:
The Applicant is requesting a variance to allow an accessory structure located closer to the right of way than
the principal structure. The subject property is located at 12445 235th Street and is in the Agriculture
District. The property is 4.85 acres. The property has road frontage on 235th Street and Meadowbrook
Avenue, with the front yard facing 235th Street. The proposed accessory structure is 30 by 40 feet, or 1,200
square feet.
BACKGROUND
Section 9.2 of the Zoning Ordinance regulates accessory structures. Section 9.2(2)(B) states, "No detached
accessory structure, including storage sheds, shall be located closer to the road right-of-way than the
principal building on a lot without a variance unless all of the following conditions are met: 1. The accessory
structure is at least 200 feet from the road right-of-way on lots of five (5) acres or more; and 2. All setbacks
are met."
An Employee Owned Company Promoting Affirmative Action and Equal Opportunity
Nelson Variance Request Page 2 July 24, 2008
Scandia, Minnesota
Because the property is less than 5 acres, it does not meet the first condition. Therefore, a variance is
required in order for the accessory structure to be located closer to the road right-of-way than the principal
building.
Chapter 1, Section 6.4 of the Scandia Development Code describes the criteria for granting variances. It
states that variances are only to be pei initted when they are in harmony with the general purpose and intent
of the Development Code, in cases where there are particular hardships, and when consistent with the
Comprehensive Plan.
Hardship means that the property cannot be put to a reasonable use if used under the conditions in the
Ordinance; that the plight of the landowner is due to circumstances unique to the property, not created by the
landowner; and that the variance would not alter the essential character of the area.
EVALUATION OF THE REQUEST:
Accessory Structures
Section 9.2 of the Zoning Ordinance regulates accessory structures. For a property of this size (4.85 acres),
two accessory structures are allowed with a total area of 2,000 square feet. The maximum height allowed is
35 feet. For a parcel of this size, the accessory structure may not be located closer to the road right-of-way
than the principal structure, without a variance.
The proposed accessory structure would be the first accessory structure on the site. It is proposed to be 30 by
40 feet, or 1,200 square feet. The proposed height is approximately 16 feet, as measured from the base of the
building to the mean height between the eaves and ridge.
The property is a corner lot, with the front yard facing 235th Street. The proposed accessory structure would
be located closer to 235th Street than the house. The accessory structure would be further setback from
Meadowbrook Avenue than the house.
The proposed structure meets the size, height, and number of structure regulations, but does not meet the
location standard. The Applicant is reguestitig a variance to the location standard.
Setbacks
The setback requirements are: side yard of 20 feet, rear yard of 50 feet, front yard of 40 feet. There is a
wetland on the property, and the proposed structure is distanced over 200 feet from it, exceeding wetland
setback requirements. The proposed structure conforms to the setback requirements.
To the west of the house, the Planner estimates there is approximately 20 feet between the house and the side
yard setback. The Planner estimates there is approximately 60 feet between the rear of the house and the rear
yard setback. This rear yard area slopes down to the south and east, and appears to have been graded to drain
stormwater to the wetland to the east.
Nelson Variance Request Page 3 July 24, 2008
Scandia, Minnesota
For properties of 5 acres or more, accessory structures are allowed to be located closer to the right-of-way
than the primary structure if distanced 200 feet from the road. While this standard is not applicable because
the subject property is 4.85 acres, the proposed structure exceeds this setback distance. It would be
approximately 400 feet from the road.
Building Type and Materials
Section 9.14 of the Zoning Ordinance regulates building materials. For a property of this size, an accessory
structure must have a minimum one-foot overhang on all sides of the building with finished soffits. The
building elevation shows that the proposed structure meets the building type and materials standards. In
addition, the proposed accessory structure exceeds the minimum standards in that the design incorporates
windows, shutters, and a cupola.
Consistency with Comprehensive Plan, intent of the Ordinance, and character of the area
Variances may be granted when in harmony with the general purpose and intent of the Development Code
and when consistent with the Comprehensive Plan. Variances must not alter the essential character of the
area. This area is rural in character, including wetland and woods, row crops, prairie, gardens, and rural and
farmstead residences.
The Comprehensive Plan calls for preserving Scandia's rural character and natural resources. The proposed
accessory structure site is consistent with these priorities as' it is located to limit the impact on the view from
235th Street, is not visible from Meadowbrook Avenue, and is distanced from the wetland on the east side of
the lot and from the drainage area at the south of the lot.
The Ordinance requirement that the structure not be closer to the right-of-way than the principal structure on
smaller lots serves to prevent accessory structures from becoming the predominant feature on the lot as
viewed from the road. The proposed site is distanced from both Meadowbrook Avenue and 235th Street by
approximately 400 feet. The structure is designed to resemble the house, and coniferous trees are planted to
screen the accessory structure.
ACTION REQUESTED:
The Planning Commission can recommend:
1. Approval
2. Approval with conditions
3. Denial with findings
4. Table the request
PLANNING STAFF RECOMMENDATIONS:
The Planner recommends approval of the variance request, to allow an accessory structure to be located
closer to the right of way than the principal structure at 12445 235th Street.
Nelson Variance Request Page 4 July 24, 2008
Scandia, Minnesota
The recommendation is based on the following findings:
I) A hardship exists because the accessory structure is an allowed use, and there is not a reasonable,
alternative location for it on the property that conforms to all Ordinance standards.
2) The proposed front yard location for the accessory structure is the only reasonable location due to
circumstances that are unique to the property's topography, wetland, and location of the existing house
and septic system.
3) The west side yard is too narrow to place the accessory structure next to the house and allow for
reasonable air and light to the west side of the house.
4) The east side yard near the house is the location of the septic system. The east side yard farther from the
house is a wetland. Placing the accessory structure to the east of the house would cause it to be closer to
Meadowbrook Avenue than the primary structure.
5) The rear yard, to the south of the house, is not a reasonable location due to topography and a drainage
area directing stormwater to the wetland to the east.
6) The proposed accessory structure is in harmony with the general purpose and intent of the Ordinance.
The proposed structure is located 400 feet from 235th Street, and the area is planted with evergreens, to
limit the impact on the view from the road. The structure is designed to resemble the house and is
therefore less obtrusive as viewed from the road.
7) The proposed accessory structure will not alter the essential character of the area. The building design
and landscaping to screen the structure from the road are compatible with the area's rural character.
8) The proposed accessory structure is consistent with the Comprehensive Plan in that site is distanced from
natural resources on the property: the wetland on the east side of the lot and from the drainage area at the
south of the lot.
The Planner recommends approval of the variance to allow an accessory structure to be located closer to the
right-of-way than the principal structure, with the following conditions:
1. That the accessory structure is generally in conformance with the Site Plan received by the City July 9,
2008, and building plans dated May 21, 2008.
2. That all fees are paid.
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File No. /
APPLICATION FOR FOR PLANNING AND ZONING REQUEST
City of Scandia, Minnesota
14727 209th Street North, PO Box 128, Scandia, MN 55073
651/433-2274 Facsimile Machine 651/433-5112
Please read before completing: The City will not begin processing an application that is incomplete. Detailed submission
requirements may be found in the Scandia Development Code, available at the City office and website (www.ci.scandia.mn.us)and in
the checklist forms for the particular type of application. Application fees are due at the time of application and are not refundable.
1. Property Location: (Street address, if applicable)
1-/ -3 ) t N V 1\ 5 i-73- C 7
2. Washington County Parcel ID:
6) 4 - - 3c
3. Complete Legal Description: (attach if necessary)
A •-;
4. Owner(s): Phone: ( L 3 -
M 1- 'RC 5S A , (h)
1L-A M r 61, L c
(b)
Street Address: c_f_ 5- ;7,2 E-Mail: sc c c (•:j: (-)
City/ State: ock ,-k Zip: S5(7.)
5. Applicant/Contact Person: Phone:
(h)
(„) L1
(b)
Street Address (Mailing): E-Mail:
City/ State: Zip:
6. Requested Action(s): (check all that apply)
V7Variance Minor Subdivision
Conditional Use Permit Planned Unit Development
Interim Use Permit Preliminary Plat/Major Subdivision
Certificate of Compliance (Residential) Preliminary Plat/Open Space Conservation Subdivision
Certificate of Compliance (Commercial) Final Plat
Map Amendment (Zoning or Comprehensive Plan) Permit Extension
Text Amendment (Zoning or Comprehensive Plan) Other
7. Brief Description of Request: (attach separate sheet if necessary)
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8. Project Name:
I hereby apply for consideration of the above described request and 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 not
limited to: publication and mailing of notices; review by the 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 remaining after review is complete will be refunded to the applicant. No interest is paid on escrow deposits.
PLEASE NOTE: If the fee owner is not the applicant, the applicant must provide written authorization by the fee
owner in order for this application to be considered complete.
Property Fee Owner Signature(s) Date:
Applicant Signature(s) Date:
/:1
44
For City Use Only
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Application Fees: • 1
Parcel Search Fee: )(/r
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CITY OF SCANDIA
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Escrow Deposit:
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Dear Planning Committee,
We are the Nelsons at 12445 235th Street North in Scandia. We are asking for some
advice on whether to pursue a variance on our property.
Three years ago we purchased our house new, (a "spec" home), marketed as having 5
acres. Now we are ready to build a storage building on what is the only suitable site to
build a 30 x 40 foot structure. We feel a building 1200 square feet would be considered
reasonable use of property this size.
However, we have found that we do not have exactly 5 acres, but 4.85 acres, and the,site
we speak of is in the front of the house, by definition the front because of the location of
the driveway.
The builders could not put the driveway anywhere else on the property because the only
other possible road to connect to is blocked by a wetland. The house is set quite far back
on the property (500 feet). The storage building would be 400 feet back from 235th
Street North, twice the required setback, (from Meadowbrook also). Because of the
house's location on the property, the septic drain field is to the northeast of the home.
The backyard (south) is much smaller of the two yards. With setback requirements the
west side of the house is minimal. The northern yard (front) by far has the most space to
build upon.
The road that our driveway connects to is a dead-end street, and has only one neighbor,
who is hidden from our view by their woods. We have started a large ring of trees
intended to eventually hide the northern yard from view of this road completely.
We actually planned our landscaping with the idea that eventually the northern site would
be perfect for our storage building. Most of our current neighbors view us from the south
side of the property, therefore we feel the site would meet the intent of the ordinance.
Because we've seen other neighbors with similar situations have a storage building in the
front of the home as deemed by the driveway, it never occurred to us we would have an
issue.
We designed the building to match our house, bearing in mind the philosophy of Scandia
to keep a rural feel while developing in good taste. The pitch of the roof(8 x 12) matches
the house, as well as the eaves, shutters and colors.
Would you and/or the rest of the committee consider coming out to our property to look
at our situation before we pursue a costly variance to see if it's feasible? Again, we need
your advice.
Thank you very much in advance for your prompt response.
Respectfully yours,
Ross and Marta Nelson
Phone: 651-433-5611
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