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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 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 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. °i 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. 7 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. 7 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). I 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. I 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. °i 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. I