4.c Staff Report Kaiser Meeting Date: 8/5/08
Agenda Item: z77,
C 6r)
Planning Commission/City Council
Agenda Report
City of Scandia
14727 20911' St. North
Scandia, MN 55073 (651) 433-2274
Action Requested: Hold a public hearing on the application of Mark and Colleen Kaiser
for a variance to allow an accessory structure to be located closer to
the right of way than the principal structure and approximately 100
feet from the right of way, located at 14440 Old Marine Trail.
Deadline/ Timeline: 60-day review period expires September 13. 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 variances 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 29, 2008
• Location Map
• Application Materials
Contact(s): Mark Kaiser, 651 433-2101
Prepared by: Anne Hurlburt, City Administrator
(kaiser variance)
Page I of I
07/30/08
CITY OF SCANDIA, MINNESOTA
RESOLUTION NO. 08-05-08-XX
APPROVING VARIANCE REQUEST FOR 14440 OLD MARINE TRAIL
WHEREAS, Mark and Colleen Kaiser have made application for a variance to allow an
accessory structure to he located closer to the right of way than the principal structure and
approximately 100 feet from the right of way. located at 14440 Old Marine Trail; and
WHEREAS. the property is legally described as follows:
THAT PT OF GOV LOT 3 -S26T32R 20-WASH CO MN DESC AS FOLL:COM (& SW CORN
OF SD GOV LOT 3 THN ON AN AZIM FROM N OF 359DEG52' 00" ORIENT TO THE
WASH CO CO- ORDIN SYS NAD 83 ALG THE W L.N OF SD GOV LOT 3 A DIS 98.54FT
TO A PT-SD PT BEING THE C/L OF OLD MARINE TRL N FOR THE POB OF PARC TO
BE DESC THN ON AN AZIM OF 107DEG05'33" ALG SD C/L A DIS 93.77FT THN SELY
ALG SD C/L A DIS OF 220.86FT ALG A TANG CRV CONCAV TO THE SW HAV A RAD
OF 3763.05FT & A CENT ANG OF 3DEG21'46" TO ITS INTER SECT WITH THE S LN OF
SD LOT 3 AT A PT DIS 298.48FT E OF SW CORN THEREOF THN ON AN AZIM OF
90DEG01'05" NOT TANG TO SD CRV ALG THE S LN OF LOT 3 A DIS OF 339.53FT TO
ITS INTERSECT WITH THE W LN OF THE RECORD PLAT OF MERRYWOOD 3RD
ADDN AS DESC THN ON AN AZIM OF 359DEG52'00" ALG SD W LN PAR WITH THE W
LN OF LOT 3 A DIS OF 418.69FT THN ON AN AZIM OF 261 DEG 13'10" A DIS OF 645.34FT
TO A PT ON THE W LN OF SD LOT 3 A DIS OF 319.98 FT N OF THE SW CORN
THEREOF THN ON AN AZIM OF I79DEG52'00" ALG SD W LN A DIST OF 221.44FT TO
THE POB -THE ABOVE DESC PARCEL CONTAINS 5.05A-SUBJ TO R/W EASEMT &
SUBJ TO DRAINAGE EASEMENTS FOR WETLAND PURPOSES: and
WHEREAS, the Planning Commission reviewed the request at a duly noticed Public
Hearing on August 5, 2008, and has recommended approval for the variance to allow an
accessory structure to he located closer to the right of way than the principal structure and
approximately 100 feet from the right of way; 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 request of Mark and Colleen Kaiser for a variance to allow an
accessory structure to he located closer to the right of way than the principal structure and
approximately 100 feet from the right of way. based on the following findings:
Resolution No.:
Page 2 of 2
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 hardship is due to circumstances that are unique to the property's wetlands, and location
of the existing house, and location of the septic system area. Because of the unique
configuration of the lot and location of Old Marine Trail, there is a limited area that is both
200 feet from the right of way and even with or behind the house.
3) Wetlands and wetland setbacks prevent the location of an accessory structure on the west side
of the property.
4) The area at the rear of the house and the east side yard are constrained by wetland setbacks
and the septic system area.
5) The proposed accessory structure is in harmony with the general purpose and intent of the
Ordinance and will not alter the essential, rural character of the area. The proposed structure
site is screened from the road by existing vegetation.
6) The proposed accessory structure is consistent with the adopted Comprehensive Plan in that
site is distanced from the wetlands on the property and does not require removal of the
woodland.
FURTHER BE IT RESOLVED, that the following conditions of approval shall be met:
1. That the accessory structure is generally in conformance with the Site Plan received by the
City July 15, 2008.
2. That the accessory structure's height must not exceed 35 feet.
3. That the accessory structure must have a minimum one-foot overhang on all sides of the
building with finished soffits.
4. That all fees are paid.
Adopted by the Scandia City Council this fifth day of August. 2008.
Dennis D. Seefeldt, Mayor
ATTEST:
Administrator/ Clerk
TKDA 444 Cedar Street,Stile 1500
Saint Paul,MN 55101-2140
ENGINEERS•ARCHITECTS•PLANNERS )651')292-4409
651)292-0083 Fan
WNW.tkda cam
MEMORANDUM
To: City Council Reference: Kaiser Variance Request
Planning Commission City of Scandia,. Minnesota
Anne Hurlburt, Administrator
Copies To: Mark and Colleen Kaiser Proj. No.: 14059.009
From: Berry Farrington, AICP Scandia File Number 2008016
Date: July 29, 2008 Routing: Sherri Buss, RLA
SUBJECT: Kaiser Variance Request
MEETING DATE: August 5, 2008
LOCATION: 14440 Old Marine Trail
Scandia. Minnesota
APPLICANT: Mark and Colleen Kaiser
ZONING: Agriculture (AG), Shoreland District
60-DAY PERIOD: September 13, 2008
ITEMS REVIEWED: Application and Site Plans received July 15, 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 14440 Old Marine Trail and is in the Agriculture
District, and Shoreland Management District. The property is 5.3 acres. The proposed accessory structure is
40 by 50 feet, or 2,000 square feet.
BACKGROUND I
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."
The lot is 5.3 acres, but does not meet the first condition. The proposed accessory structure is less than 200
feet from the right of way and therefore the Applicant requests a variance.
An Empjov e Owner;Company P.r rioting,arrirrirdiree ncO0n and E:urn Ocpo?Unity
Kaiser Variance Request Page 2 July 29 2008
Scandia, Minnesota
Chapter 1, Section 6.4 of the Scandia Development Code describes the criteria for granting variances. It
states that variances are only to be permitted 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 (5.3 acres),
two accessory structures are allowed with a total area of 2,000 square feet. The maximum height allowed is
35 feet.
The proposed accessory structure would be the first accessory structure on the site. It is proposed to be 40 by
50 feet, or 2.000 square feet. The proposed height is not indicated in the application materials.
The proposed accessory structure would be located closer to Old Marine Trail than the house. but less than
200 feet from the right of way. The Planner estimates that the proposed accessory structure would he
approximately 100 feet from the right of way.
The proposed structure meets the size standard and number of structures standard, but does not meet the
distance from the right of way standard. The proposed height of the structure has not been indicated, but it
may not exceed 35 feet. The Applicant is requesting a variance to allow the accessory structure to he
approximately 100 feet from the right of way.
Setbacks
The setback requirements are: side yard of 20 feet, rear yard of 50 feet, setback from Old Marine Trail (a
Collector) of 100 feet from centerline or 50 feet from right of way, whichever is greater. There are two
wetlands on the property, which have 75 foot setbacks. The proposed structure location is approximately 70
feet from the east side lot line, 250 feet from the rear lot line, and 130 feet from the Old Marine Trail
centerline. The proposed structure conforms to the setback requirements.
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 buildin ) with finished soffits.
Kaiser Variance Request Page 3 July 29, 2008
Scandia, Minnesota
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 wetlands, woods. and rural 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 away from the wetlands, wetland
buffers, and woodland.
The Ordinance requirement that the structure be at least 200 feet from the right of way, if located closer to
the right of way than the principal structure, serves to prevent accessory structures from becoming the
predominant feature on the lot as viewed from the road. The site proposed by the Applicant is screen from
the roadway by existing vegetation and is distanced approximately 100 feet from the right of way.
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 he located
closer to the right of way than the principal structure and approximately 100 feet from the right of way, at
14440 Old Marine Trail, 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 hardship is due to circumstances that are unique to the property's wetlands, and location of the
existing house, and location of the septic system area. Because of the unique configuration of the lot and
location of Old Marine Trail, there is a limited area that is both 200 feet from the right of way and even
with or behind the house.
3) Wetlands and wetland setbacks prevent the location of an accessory structure on the west side of the
property.
4) The area at the rear of the house and the east side yard are constrained by wetland setbacks and the septic
system area.
5) The proposed accessory structure is in harmony with the general purpose and intent of the Ordinance and
will not alter the essential, rural character of the area. The proposed structure site is screened from the
road by existing vegetation.
Kaiser Variance Request Page 4 July 29, 2008
Scandia, Minnesota
6) The proposed accessory structure is consistent with the adopted Comprehensive Plan in that site is
distanced from the wetlands on the property and does not require removal of the woodland.
The Planner recommends approval of the variance to allow an accessory structure to he located closer to the
right of way than the principal structure and approximately 100 feet from the right of way, with the following
conditions:
1. That the accessory structure is generally in conformance with the Site Plan received by the City July 15,
2008.
2. That the accessory structure's height must not exceed 35 feet.
3. That the accessory structure must have a minimum one-foot overhang on all sides of the building with
finished soffits.
4. That all fees are paid.
File No. l) Or 0
APPLICATION 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. Pro erty Location: (s reet ad ress, if applicable)
2. Washington County Parcel ID:
,:)-L a 0 , 6 3 c) .Cc
3. Complete Legal Description: (attach if necessary)
4. Owner(s): /r 64 I, C 0 e K Phone:
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(b) - 7 7 e
Street Address: I /c, a (net''1 <- - E-Mail: S ccid
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City/ State: rkicir Iv) 7?-1 Zip: (1
5. Applicant/Contact Person: in ct Phone: 3 3
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(b) ( --- 7 ? 7
(e)
Street Address (Mailing): (-/L/L7U /d (Victrlie r,E-Mail: c
City/ State: /0L • Zip: S- s • 7
6. Requested Action(s): (check all that apply)
Variance 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
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7. Brief Description of Request: (attach separate sheet if necessary)
8. Project Name:
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1 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 ignature(s) Date:
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Application Fees: r
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Search Fee: ) )
JU 5 2008
Escrow Deposit: C)0
CITY OF SCANDIA
We are requesting a variance to build a detached 2000 square foot garage for
storage of our personal property. Due to the odd shape of our lot and amount of
road frontage, our proposed building site is less than 200 feet from the road rite-
of-way. We have chosen out site for the following reasons:
1. Accessibility to our driveway and home
2. We do not wish to interrupt the wildlife in our wooded and wetland areas.
3. We need to stay clear of the well and septic system.
4. We need to avoid low areas with drainage problems
Our proposed site will not interfere with our neighbors or wildlife and is
located in a high well drained area.
Mark and Colleen Kaiser
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