4.a Staff Report Runk Variance Meeting Date: 3/02/10
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Agenda Item:
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Planning Commission/City Council
Agenda Report
City of Scandia
14727 209th St. North
Scandia, MN 55073 (651) 433-2274
Action Requested: Hold a public hearing on the application of John and Joe Runk for
variances including lot size and setbacks to construct a new home on
an existing lot located at 23267 Lofton Court.
Deadline/Timeline: 60-day review period expires April 13, 2010
Background: The planner will present the attached report and recommendations at
the meeting on March 2, 2010.
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 03-02-10-01 Approving Variance Request
Materials provided: • TKDA Memorandum dated February 23, 2010
• Location Map
• Application Materials
Contact(s): Joe and John Runk, 651-439-1891
Prepared by: Steve Thorp, Code Official
(23267 Lofton Court Runk cover)
Page 1 of 1
02/25/10
CITY OF SCANDIA, MINNESOTA
RESOLUTION NO. 03-0240-01
APPROVING VARIANCES FOR 2326'7 LOFTON COURT
WHEREAS, John and Joe Runk have made'a*cationfor variances to allow lot size of
19,778 square feet,bluff setback of 15 feet, and Ordinary High Water level (OHW) setback of 85
feet, for construction of a single family dwelling located at 23267 Lofton Court, City of Scandia;
and
WHEREAS, the property is legallrleseritie#as Lot 6, Sandgren Addition, Washington
County, Minnesota; and
WHEREAS, thePlant *Commissiori,reviewed the request at a duly noticed Public
Hearing on March 2, 2010, and has recommended approval; and
NOW, THEREFORBE-T, j1yRESOLVED BY THE CITY COUNCIL
OF THE CITY OF,S,CANDrAi. .WASIHNGf6N COUNTY, MINNESOTA, that it should
and herebYrf.;;es approve the recr4t,ofJohn and Joe Runk for variances to allow lot size of
19,778 square feet
' bluff 15 and Ordinary High Water level (OHW) setback of 85
feet. constructionfoi of a angle familAWelling, based on the following findings:
1. A single. 1. ily home is an allowed use in the Agriculture and Shoreland Overlay
Districts, and therefore is a reasonable use of the property. A hardship exists because a
new single family home cannot be built on the subject property without variances.
2. The existing lot is too small to meet the minimum lot size requirement and bluff line and
OHW setback requirements. The lot was created before the current standards of the
Scandia Development Code were in effect.
3. The proposed setbacks from the OHW and the bluff line are the same as those of the
existing dwelling. Existing non-confonning accessory structures will be removed or
relocated to bring the lot into further conformity.
Resolution No.: 03-02-10-01
Page 2 of 2
4. The essential character of the locality is lakeshore, single family residences, similar in
character to the request. The request meets the Development Code standards for lot
coverage and building height, physical characteristics that help define the essential
character of the locality.
5. The request is in harmony with the Comprehensive Plan's goals and policies for
Lakeshore Traditional Overlay Area and surface water quality policies.
FURTHER BE IT RESOLVED, that the following conditions of approval shall be met:
1. Improvements to the lot shall generally conform to the site Plan
dated February 5, 2010,
i
with the following exceptions. The deck shall be scaled back n size so that it is not less
than 68 feet from the front lot line. The front lot line is the lot line parallel to and closest
to the lake. The accessory structure at the shoreline shall be removed,or relocated so that
it is no closer to the OHW than the new dwelling and to a location that conforms to side
yard and right-of-way setback requirements.
2. The structure shall be a minimum of 68 feet from the front lot line.
3. The applicant shall obtain a permit from the Washington County Depaitment of Health
and Environment for wastewater treatment.
4. The applicant shall obtain a permit from the Comfort Lake Forest Lake Watershed
District,
5. All significant trees to be removed shall he replaced by the applicant in accordance with
the requirements of Scandia Development Code Chapter 2, Section 9.11, Woodland and
Tree Preservation.
6. All fees shall be paid.
the Scandia Adopted by the Scandia City Council this 2 day of March, 2010.
Dennis D. Seefeldt, Mayor
ATTEST:
Administrator/Clerk
TKDA444 Cedar Street,Suite 1500
Saint Paul,MN 55101
ENGINEERING•ARCHITECTURE PLANNING
(651)292-4400
The right time.The right people.The right company
(651)292-0083 Fax
www.tkda.com
MEMORANDUM
To: City Council and Reference: Runk Variance Request
Planning Commission Scandia File Number 2010004
Copies To: Anne Hurlburt, City Administrator
John Runk
Proj. No.: 14561.003
From: Berry Farrington, Sherri Buss Routing:
Date: February 23, 2010
SUBJECT: Runk Variance Request
MEETING DATE: March 2, 2010
LOCATION: Sandgren Addition, Lot 6
23267 Lofton Court
Scandia, Minnesota
APPLICANT: John and Joe Runk
ZONING: Agriculture (AG), Shoreland Overlay District
60-DAY PERIOD: April 13, 2010
ITEMS REVIEWED: Certificate of Survey and site plan dated February 5, 2010, aerial photograph,
building floor plans and elevations dated February 5, 2010
BRIEF DESCRIPTION OF THE REQUEST:
The Applicant requests variances from Ordinary High Water level (OHW) setback, bluff line setback, and lot
size requirements to allow for construction of a new single family dwelling with attached garage.
The subject property is located at 23267 Lofton Court, with frontage on Bone Lake. Bone Lake is classified
as a Recreational Development lake, and the OHW is 909.1 feet. The subject property is within the
Agriculture and Shoreland Overlay Districts. The land area above the OHW is approximately 19,778 square
feet (.45 acre). There is currently an existing house, shed and boathouse on the property.
BACKGROUND:
Chapter 1, Section 6.4 of the Scandia Development Code describes the criteria for granting variances. It
states that variances are permitted when they are in haintony with the general purpose and intent of the
Development Code, in cases where there are particular hardships, and when consistent with the
Comprehensive Plan.
An Employee Owned Company Promoting Affirmative Action and Equal Opportunity
Runk Variance Request Page 2 February 23, 2010
Scandia, Minnesota
"Hardship" as used in connection with variances, means that the property cannot be put to a reasonable use if
used under the conditions allowed by the Official Controls; 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 locality.
OVERVIEW OF FINDINGS AND RECOMMENDATION:
The Planner finds that a single family dwelling is a reasonable use for the property. The lot is an existing lot
and is too small to allow for a new dwelling that meets all Ordinance requirements; therefore, a hardship
exists. The Planner recommends that the lot size, OHW, and bluff setback variances be granted in order to
allow construction of the home. The Planner also recommends that the proposed deck be scaled back in size,
and that the existing boathouse be removed.
DETAILED EVALUATION OF THE REQUEST:
Comprehensive Plan
Variance requests are evaluated for consistency with the Comprehensive Plan. The subject property is within
the Lakeshore Traditional Overlay Area identified in Scandia's Comprehensive Plan. For this area, the Plan
guides to maintain the pattern of small lakeshore lots while improving storniwater management and land
stewardship. The Planner interprets the request to be in harmony with the Comprehensive Plan.
Setbacks
Variances from the OHW and bluff line setback requirements are requested. The Scandia Development
Code, Chapter 5, Section 8, requires an OHW setback of 100 feet and a bluff line setback of 30 feet.
The Scandia Development Code setback requirements, the proposed setbacks, and the existing setbacks are
summarized below:
Setback Develo ment Code Proposed dwellingExisting
OHW 100 feet Approximately 85 feet Approximately 85 feet
Bluff line 30 feet Approximately 15 feet Approximately 15 feet
Right-of-Way 40 feet Approximately 50 feet Approximately 112 feet
Side yard 10 feet 10 feet 30 feet
The survey and site plan do not show the exact location of the bluff line and OHW, and so the setback
distances are estimated by the Planner, based on the information provided by the Applicant. Both the existing
structure and the proposed structure are an estimated 85 feet from the OHW and 15 feet from the bluff line.
The request does not increase the encroachment into the OHW and bluff line setbacks.
Because the distances from the OHW and bluff line are estimates, the Planner is using the front lot line
(waterfront lot line) as an exact reference point for specifying the distance of the structure from the lake. The
existing and proposed dwellings are 68 feet from the front lot line. (The recommended conditions at the end
of the report state that the structure shall be a minimum of 68 feet from the front lot line, because the OHW
setback of 85 feet and bluff line setback of 15 feet are estimated distances.)
Runk Variance Request Page 3 February 23, 201 0
Scandia, Minnesota
The proposed dwelling conforms to the side yard and right-of-way setback requirements.
The site plan shows a deck extending approximately 3 feet closer to the lake than the existing dwelling.
Variances should be the minimum needed to alleviate the hardship. The Planner recommends that the deck
be shortened so that it maintains the same setback from the lake as the rest of the structure.
Lot Size and Width
The Development Code, Chapter 5, Section 7, addresses lot size and width requirements in the Shoreland
District. The minimum lot size is 2.5 acres. The existing lot is 19,778 square feet in area (.45 acres) above
the OHW. A variance is requested to allow for the existing lot size of 19,778 square feet.
The minimum lot width for a new lot is 150 feet. The existing lot is 100 feet wide. Chapter 1, Section 12,
addresses nonconforming lots. It allows that a variance is not needed for nonconforming lots with 60% of the
frontage requirement. The lot exceeds 60% (90 feet), and so a variance for lot width is not needed.
Accessory Structures
The plans show that the applicant proposes to remove the accessory structure near the road but to keep the
existing boathouse accessory structure. Historically, the City (and previously Washington County) has
required that accessory structures not meeting setback requirements be removed, when considering setback
variance requests in the Shoreland Management District. The Planner recommends that the boathouse
accessory structure also be removed, or relocated so that it is no closer to the OHW than the new dwelling
and to a location that conforms to side yard and right-of-waysetback requirements.
Building Height
Chapter 5, Section 8.3, establishes a maximum building height of 35 feet. The building elevations do not
state the height, but the structure appears to be an estimated 25 feet in height. The proposed dwelling
conforms to the building height standard.
Lot Coverage
The maximum allowable lot coverage is 25% of the total lot area above the OHW. The proposed dwelling,
driveway, sidewalks, patio, deck, porch, and shed have a total area of 4,706 square feet, or 24% of the lot.
The request meets the lot coverage standard.
Wastewater Treatment
The site plan shows the existing wastewater treatment system and secondary/backup septic treatment area. A
permit will be required from the Washington County Department of Health and Environment.
Landscaping
The aerial photograph shows that there is existing vegetation to the west and south of the existing dwelling
that would need to be removed to construct the new dwelling. There are trees and vegetation between the
existing dwelling and the shore which should not need to be removed; the Shoreland Alterations section of
the Shoreland Management Regulations restrict cutting of trees in this area.
•
Runk Variance Request Page 4 February 23, 2010
Scandia, Minnesota
If any significant trees are proposed to be removed, the Planner recommends that they be replaced in
accordance with the requirements of Scandia Development Code Chapter 2, Section 9.11, Woodland and
Tree Preservation.
Comfort Lake Forest Lake Watershed District
A peiiiiit will be required from the Comfort Lake Forest Lake Watershed District.
Minnesota Department of Natural Resources
Plans were forwarded to the Minnesota Department of Natural Resources for comment. To date, comments
have not yet been received.
ACTION REQUESTED:
The Planning Commission can recommend/City Council can act to:
1. Approve the request.
2. Approve the request with conditions.
3. Deny the request with findings.
4. Table the request.
PLANNING STAFF RECOMMENDATIONS:
The Planner recommends approval of variances to allow lot size of 19,778 square feet, bluff setback of
approximately 15 feet, and Ordinary High Water level (OHW) setback of approximately 85 feet, for
construction of a single family dwelling located at 23267 Lofton Court, City of Scandia.
The Planner's recommendation is based on the following findings:
1. A single family home is an allowed use in the Agriculture and Shoreland Overlay Districts, and
therefore is a reasonable use of the property. A hardship exists because a new single family home
cannot be built on the subject property without variances.
2. The existing lot is too small to meet the minimum lot size requirement and bluff line and OHW
setback requirements. The lot was created before the current standards of the Scandia Development
Code were in effect.
3. The proposed setbacks from the OHW and the bluff line are the same as those of the existing
dwelling. Existing non-conforming accessory structures will be removed or relocated to bring the lot
into further conformity.
4. The essential character of the locality is lakeshore, single family residences, similar in character to
the request. The request meets the Development Code standards for lot coverage and building height,
physical characteristics that help define the essential character of the locality.
5. The request is in harmony with the Comprehensive Plan's goals and policies for Lakeshore
Traditional Overlay Area and surface water quality policies.
Runk Variance Request Page 5 February 23, 2010
Scandia, Minnesota
The Planner recommends the following conditions of approval:
1. Improvements to the lot shall generally conform to the site plan dated February 5, 2010, with the
following exceptions. The deck shall be scaled back in size so that it is not less than 68 feet from the
front lot line. The front lot line is the lot line parallel to and closest to the lake. The accessory
structure at the shoreline shall be removed, or relocated so that it is no closer to the OHW than the
new dwelling and to a location that conforms to side yard and right-of-way setback requirements.
2. The structure shall be a minimum of 68 feet from the front lot line.
3. The applicant shall obtain a peiiiiit from the Washington County Department of Health and
Environment for wastewater treatment.
4. The applicant shall obtain a permit from the Comfort Lake Forest Lake Watershed District.
5. All significant trees to be removed shall be replaced by the applicant in accordance with the
requirements of Scandia Development Code Chapter 2, Section 9.11, Woodland and Tree
Preservation.
6. All fees shall be paid.
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