7.b 3a Planner report on Biermaier VariancesMemorandum
To: Scandia City Council Reference: Biermaier Variance Request
Copies To: Neil Soltis, City
Administrator
Brenda Ecklund, City Clerk
Tim and Sue Biermaier,
Applicants
Project No.: 16022.008
From: Sherri Buss, RLA AICP, Routing:
Planner
Date: June 13, 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: June 20, 2017
LOCATION: 18569 Langley Avenue 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
120 -DAY PERIOD: August 1, 2017
ITEMS REVIEWED: Application, survey, and supplemental information received April 3
The Planning Commission tabled this application at the May 2 meeting, citing inaccuracies in
the survey that were identified at the site visit. The applicant revised and resubmitted the
survey. The text below includes updated information in Bold text based on the new survey,
which is attached. The Commission reviewed the application again on June 6
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
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Memorandum
To: Scandia City Council Reference: Biermaier Variance Request
Copies To: Neil Soltis, City
Administrator
Brenda Ecklund, City Clerk
Tim and Sue Biermaier,
Applicants
Project No.: 16022.008
From: Sherri Buss, RLA AICP, Routing:
Planner
Date: June 13, 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: June 20, 2017
LOCATION: 18569 Langley Avenue 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
120 -DAY PERIOD: August 1, 2017
ITEMS REVIEWED: Application, survey, and supplemental information received April 3
The Planning Commission tabled this application at the May 2 meeting, citing inaccuracies in
the survey that were identified at the site visit. The applicant revised and resubmitted the
survey. The text below includes updated information in Bold text based on the new survey,
which is attached. The Commission reviewed the application again on June 6
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
An employee owned company promoting affirmative action and equal opportunity
Biermaier Variance Staff Report
Scandia City Council Page 2 June 20, 2017
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.
BACKGROUND
The applicants are proposing to construct a new home, walkway, and septic system on the
parcel at 18569 Langley Street North. Based on the revised survey, the proposed setback for
the home is 60.2' from the Ordinary High Water Level (OHWL) and 22.1 feet from the roadway
right-of-way. The proposed septic tank location is approximately 0 feet from the parcel
boundary. The proposed home location is 10 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 is
also located on the northern parcel boundary. 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 and
the roadway right-of-way and the septic system requires a variance from the setback from
the roadway right-of-way.
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, to meet
the County's requirements for a 50 -foot separation between the septic system and the
well, and to minimize the variance required for the proposed home.
The proposed structure location is generally consistent with the goals of the Comprehensive
Plan and Shoreland Overlay District to protect Shoreland areas from impacts.
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Biermaier Variance Staff Report
Scandia City Council Page 3 June 20, 2017
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
• 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)
• Minimum sewage tank separation from drinking water well: 50 feet (County SSTS
ordinance)
The proposed structure setbacks include:
• Building setback from the OHWL: 60.2 feet
• Septic system setback from the OHWL: 105 feet
• Building setback from the closest side lot line: 10.1 feet
• Building setback from the roadway ROW: 22.1 feet
• Septic tank setback from the ROW and parcel boundary: approximately 0 feet
• Septic tank setback from the existing well: 50.7 feet
The proposed home requires a variance from the required setbacks from the OHWL and the
roadway right-of-way and the septic system requires a variance from the setback from the
roadway right-of-way_
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 and will be attached to the
house. The applicants are requesting to keep the shed on the parcel. The shed is a
nonconforming structure because it does not meet the required setbacks from the OHWL
and side lot line. The shed may remain in its existing location, but if it needs to be
relocated or replaced in the future, it will need to meet the requirements of the
Development Code including setback requirements.
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
requirement of the ordinance.
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Biermaier Variance Staff Report
Scandia City Council Page 4 June 20, 2017
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:
• "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.
• "Cities review variances for setbacks, including requests for variances for septic
system setbacks. The County has allowed closer tank locations in conjunction
with other variances granted by the city in these substandard lots. Many of the
existing connections are to shared lift stations which may be actually on the
common lot line, so there is precedence for tanks to be closer than the standard
10'. About the only setback that is not malleable is the tank or sewer setback to
the well (50'), which is a requirement of the state well code."
The Planner's recommendations include a variance for the septic system location based
on the County comments, and she included a condition that the applicant shall obtain the
required permits for the septic system and well.
Watershed District Comments
The Planner sent the application to the Carnelian -Marine -St. Croix Watershed District
(CMSCWD) for comments. The District Administrator stated that the project will require a
District permit if approved. The Planner included a condition for approval that the applicants
shall obtain the reauired Watershed District Dermit.
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.
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Biermaier Variance Staff Report
Scandia City Council Page 5
CRITERIA FOR VARIANCES AND FINDINGS
June 20, 2017
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.
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 well 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. Granting the variance for the septic system location at the
parcel boundary will maintain the higher -priority setbacks from the OHWL, well,
and buildings.
• The property owner proposes to use the property in a reasonable manner under the
conditions allowed by official control(s).
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Biermaier Variance Staff Report
Scandia City Council Page 6 June 20, 2017
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 for the structure and septic system at the locations requested
by the applicants 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.
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 60.2' from the OHWL and 22.1' from the
parcel boundary, and to permit the septic system to be located at the parcel
boundary is the minimum action required to develop a home on the parcel that
addresses the practical difficulties and maintains the priority setbacks from the OHWL
and existing well.
• 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.
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Biermaier Variance Staff Report
Scandia City Council Page 7 June 20, 2017
PLANNING COMMISSION PUBLIC HEARING, DISCUSSION AND RECOMMENDATIONS
The Planning Commission held the public hearing on the Biermaier variance request at its May
meeting, tabled the request and requested that the applicants submit an accurate survey. The
applicants revised the survey and submitted it to the City for the June Planning Commission
meeting.
The revised survey determined that the existing shed on the parcel is within the applicant's
property—the first survey indicated that the shed was partially on the city -owned parcel to the
north. The applicants requested that they be permitted to keep the shed though it does not
meet current setback requirements. The Commission discussed this issue. Commissioner
Noyes noted that he was opposed to allowing the nonconforming structure to remain so close to
the lake, and stated that the City is already allowing variances from several code requirements
to permit the new house. Other Commissioners stated the shed provides storage, helping the
applicants to meet the City's requirements for exterior storage, and that the City has permitted
other nonconforming structures to remain on similar lots. Commissioner Anderson
recommended that the applicants be required to paint the shed to be the same or a similar color
to the new home.
The Commission recommended approval of the variance with the revised condition that the
shed be allowed to remain and that it shall be painted to match the color of the new home.
ACTION REQUESTED:
The City Council can take the following actions for the request:
1. Approval
2. Approval with conditions
3. Denial with findings
4. Table the request
PLANNING COMMISSION RECOMMENDATIONS:
The Planning Commission recommends that the City Council approve a variance to permit the
construction of a new single family dwelling that is a minimum of 60.2 feet from the OHWL and
22.1 feet from the roadway right-of-way, and to permit construction of the septic system with no
setback from the west parcel boundary on the parcel at 18569 Langley Street North. The
Planner recommends the following conditions for the variance:
1. The development of the parcel shall be consistent with the Certificate of Survey dated
5/08/2017.
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 City shall verify that the building height meets the ordinance requirement with the
building permit.
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Biermaier Variance Staff Report
Scandia City Council Page 8 June 20, 2017
4. The existing shed structure may remain in its current location, and shall be painted to
match the new home. Future replacement or relocation of the structure shall meet all
Development Code requirements.
5. The applicants shall obtain the required permit(s) for the septic system and well.
6. The applicants shall obtain the required Watershed District permits for the project.
7. The applicants shall pay all fees and escrows associated with the variance application.
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