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4.a 1 BiermaierVariancePC 5.2.17Memorandum To: Scandia Planning Commission Copies To: Neil Soltis, City Reference: Biermaier Variance Request Administrator Brenda Ecklund, City Clerk Tim and Sue Biermaier, Applicants Project No.: 16022.008 From: Sherri Buss, RLA AICP, Routing: Planner Date: April 17, 2017 SUBJECT: Biermaier Request for Variance from Setbacks from the OHWL of Big Marine Lake, Roadway Right -of -Way and Side Lot Line Setback MEETING DATE: May 2, 2017 LOCATION: 18569 Langley Street North Scandia, Minnesota APPLICANTS: Tim and Sue Biermaier 8036 Dawn Avenue Inver Grove Heights, MN 55076 ZONING: General Rural (GR) District and Shoreland Overlay District 60 -DAY PERIOD: June 2, 2017 ITEMS REVIEWED: Application, survey, and supplemental information received April 3 BRIEF DESCRIPTION OF THE REQUEST: The applicants are proposing to build a new home and related structures on a parcel within the Shoreland Overlay District of Big Marine Lake. The proposed home location would require a variance from the dimensional standards in the Shoreland Management Ordinance. The area of the parcel is 0.13 acres (5,560 square feet), and it is located in the General Rural (GR) District and the Shoreland Overlay District of Big Marine Lake, a Recreational Development Lake. An employee owned company promoting affirmative action and equal opportunity 444 Cedar Street, Suite 1500 Saint Paul, MN 55101 651.292.4400 tkda.com Mi TKDA Memorandum To: Scandia Planning Commission Copies To: Neil Soltis, City Reference: Biermaier Variance Request Administrator Brenda Ecklund, City Clerk Tim and Sue Biermaier, Applicants Project No.: 16022.008 From: Sherri Buss, RLA AICP, Routing: Planner Date: April 17, 2017 SUBJECT: Biermaier Request for Variance from Setbacks from the OHWL of Big Marine Lake, Roadway Right -of -Way and Side Lot Line Setback MEETING DATE: May 2, 2017 LOCATION: 18569 Langley Street North Scandia, Minnesota APPLICANTS: Tim and Sue Biermaier 8036 Dawn Avenue Inver Grove Heights, MN 55076 ZONING: General Rural (GR) District and Shoreland Overlay District 60 -DAY PERIOD: June 2, 2017 ITEMS REVIEWED: Application, survey, and supplemental information received April 3 BRIEF DESCRIPTION OF THE REQUEST: The applicants are proposing to build a new home and related structures on a parcel within the Shoreland Overlay District of Big Marine Lake. The proposed home location would require a variance from the dimensional standards in the Shoreland Management Ordinance. The area of the parcel is 0.13 acres (5,560 square feet), and it is located in the General Rural (GR) District and the Shoreland Overlay District of Big Marine Lake, a Recreational Development Lake. An employee owned company promoting affirmative action and equal opportunity Biermaier Variance Staff Report Scandia Planning Commission Page 2 May 2, 2017 BACKGROUND The applicants are proposing to construct a new home, walkway, and septic system on the parcel at 18569 Langley Street North. The proposed setback for the home is 59.5' from the Ordinary High Water Level (OHWL) and 21 feet from the roadway right-of-way. The proposed septic tank location is approximately 10 feet from the parcel boundary. The proposed home location is 7 feet from the south parcel boundary (side lot line). The applicants are proposing to use the existing garage and driveway. The garage is a non- conforming structure, located on the north property boundary (side lot line). An existing shed crosses the parcel boundary and is partly located on the city -owned parcel to the north of the Biermaier parcel. The garage is proposed to be located less than five feet from the new home, and will need to meet building code standards for fire protection at that distance. The proposed location of the home requires a variance from the setbacks from the OHWL, roadway right-of-way, and side lot line. EVALUATION OF VARIANCE REQUEST Comprehensive Plan The Comprehensive Plan describes the General Rural District as a residential area of mixed lot sizes. The Plan supports single-family residential uses in the GR District, and 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 in the City through enforcement of the City's ordinances. The City adopted the setback requirements from the OHWL to protect water and natural resources in Shoreland areas. The application states that the variance is needed in order to locate a septic system to serve the residential use and meet county requirements on the parcel to serve the proposed home. The septic system is proposed as close to the roadway as possible in order to maximize the distance from the lake and minimize the variance required for the proposed home. The proposed structure location is generally consistent with the goals of the Comprehensive Plan and Shoreland Overlav District to protect Shoreland areas from impacts. Development Code Requirements: Lot Size and Setbacks The applicants' parcel is approximately 0. 13 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 7 Biermaier Variance Staff Report Scandia Planning Commission Page 3 May 2, 2017 Side setback (parcels less than 1 acre in size): 10 feet Right-of-way setback: 40 feet Minimum sewage tank setback from parcel boundary: 10 feet (County SSTS ordinance) The proposed structure setbacks include: • Building setback from the OHWL: 59.5 feet • Septic system setback from the OHWL: 90 feet • Building setback from the closest side lot line: 7 feet • Building setback from the roadway ROW: 21.7 feet • Septic tank setback from the ROW and parcel boundary: approximately 10 feet The proposed home requires a variance from the required setbacks from the OHWL, right-of- way, and side lot line. Accessory Structures The aerial photo indicates that there are existing accessory structures on the parcel. The structures include an existing garage (320 square feet) and a shed (220 square feet). 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 applicants indicated that the garage will remain on the parcel. The shed crosses the boundary of the parcel and is partially located on the City -owned parcel to the north. The Planner included a proposed condition for approval of the variance that the applicants shall remove the shed prior to approval of the building permit. Lot Coverage The Shoreland Overlay District permits up to 25% lot coverage. The surveyor calculated the proposed impervious cover to be 24%. The proposed structures meet the impervious cover reauirement of the ordinance. Building Height The maximum structure height permitted in the Shoreland Overlay District is 35 feet. The proposed home will a one-story home with a lower level. The application did not include a building elevation. The City shall verify that the building height meets the ordinance requirement with the building permit. Driveway Access The site plan includes an existing driveway. Wastewater Treatment and Well The applicants have proposed a new septic system between the home and the roadway that will be connected to the City's 201 System, and is proposing to use the existing well. The Planner sent the application to the Washington County Health Department for review and comment. Pete Ganzel of the Health Department provided the following comments: I Biermaier Variance Staff Report Scandia Planning Commission Page 4 May 2, 2017 • The applicants will need to apply for a permit for installation of the septic tank and lift station. They will need to provide a site plan showing the location of the tank and lift station. • The applicants will need to obtain the pump specifications and connection details from the City, and pay the connection charge. • Required setbacks are 10 feet to occupied structures, 5 feet to the garage, 10 feet to the property lines and 50 feet to the well. The Planner has included a condition that the applicant shall obtain the required permits for the seatic system and well. Watershed District Comments The Planner sent the application to the Carnelian -Marine -St. Croix Watershed District (CMSCWD) for comments. Comments received by May 2 will be provided at the Planning Commission meeting. 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 May 2 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. 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. 7 Biermaier Variance Staff Report Scandia Planning Commission Page 5 May 2, 2017 Variance Request and Findings The following bullets include the Planner's findings related to the Biermaier 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. A septic system that meets County requirements is needed for the proposed use. The proposed system must meet the required setbacks from the parcel boundaries and other structures, and the proposed home is located as close to the system as possible to meet those setbacks and minimize the variance needed from the structure setback from the OHWL in order to construct the home on the small lot. • 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 small size of the existing parcel and location of existing structures. A single-family residence and compliant septic system could not be located on the parcel without a variance from the dimensional requirements in the Development Code. The landowner did not create the parcel or the practical difficulties. • The variance would not alter the essential character of the area. Granting the variance at the location requested by the applicants (59.5' from the OHWL) would not alter the character of the area. The Planner reviewed aerial photos, and noted that other structures along Langley Avenue are also located approximately 60 feet from the OHWL. • Economic conditions alone shall not constitute practical difficulties. The practical difficulties are not related to economic conditions alone, but are caused by the small size of the existing parcel and location of existing structures. • 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. I Biermaier Variance Staff Report Scandia Planning Commission Page 6 May 2, 2017 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 59.5' from the OHWL, 21.7' from the parcel boundary, and 7' from the south parcel line is the minimum action required to develop a home on the parcel that addresses the practical difficulties. • 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 May 2, discuss the variance request, and can recommend the following: 1. Approval 2. Approval with conditions 3. Denial with findings 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 59.5 feet from the OHWL, 21.7 feet from the roadway right-of-way, and 7 feet from the side lot line on the parcel at 18569 Langley Street North. 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 development of the parcel shall be consistent with the Certificate of Survey dated 4/03/2017. 2. The applicants shall obtain a building permit for the proposed development of the site. The City shall verify that the building height meets the ordinance requirement with the building permit. 3. The existing shed 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 applicants shall obtain the required permit(s) for the septic system and well. 5. The applicants shall obtain the required Watershed District permits for the project, and shall incorporate a shoreline buffer area and record the buffer if required. 6. The applicants shall pay all fees and escrows associated with the variance application. i