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5. Report on variance for the construction of accessory structureMemorandum To: Scandia Planning Commission Copies To: Neil Soltis, City Administrator Brenda Eklund, City Clerk Kevin and Anna Gonzales, applicants From: Sherri Buss, RLA AICP, Planner Date: July 5, 2017 Reference: Gonzalez Variance Application Project No.: 16322.009 Routing: SUBJECT: Gonzalez Variance Request for Accessory Structure MEETING DATE: LOCATION APPLICANTS: ZONING: 60 -DAY PERIOD July 11, 2017 21203 Lofton Avenue North Kevin and Anna Gonzalez General Rural (GR) District July 30, 2017 ITEMS REVIEWED: Application and Plan received May 19, 2017 BRIEF DESCRIPTION OF THE REQUEST: The applicant is requesting a variance to build a 40'x50' accessory building closer to the roadway right-of-way than the principal building on the property. The proposed building setback from Lofton Avenue right-of-way is 78 feet. The property is located in the General Rural (GR) District. DETAILED EVALUATION OF THE SUBDIVISION REQUEST: The Development Code Chapter 2, Section 3.2, requires that "No detached accessory structure, including storage sheds shall be located closer to the road right-of-way in relation to the front lot line than the principal building on a lot, unless the following conditions are met: 1. The parcel is located on a lakeshore. 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 Administrator Brenda Eklund, City Clerk Kevin and Anna Gonzales, applicants From: Sherri Buss, RLA AICP, Planner Date: July 5, 2017 Reference: Gonzalez Variance Application Project No.: 16322.009 Routing: SUBJECT: Gonzalez Variance Request for Accessory Structure MEETING DATE: LOCATION APPLICANTS: ZONING: 60 -DAY PERIOD July 11, 2017 21203 Lofton Avenue North Kevin and Anna Gonzalez General Rural (GR) District July 30, 2017 ITEMS REVIEWED: Application and Plan received May 19, 2017 BRIEF DESCRIPTION OF THE REQUEST: The applicant is requesting a variance to build a 40'x50' accessory building closer to the roadway right-of-way than the principal building on the property. The proposed building setback from Lofton Avenue right-of-way is 78 feet. The property is located in the General Rural (GR) District. DETAILED EVALUATION OF THE SUBDIVISION REQUEST: The Development Code Chapter 2, Section 3.2, requires that "No detached accessory structure, including storage sheds shall be located closer to the road right-of-way in relation to the front lot line than the principal building on a lot, unless the following conditions are met: 1. The parcel is located on a lakeshore. An employee owned company promoting affirmative action and equal opportunity Gonzalez Variance Staff Report Scandia Planning Commission Page 2 July 11, 2017 2. The accessory structure is located on a lot of five (5) acres or more and is placed at least 200 feet from the road right-of-way; or 3. The accessory structure is located on a parcel that is less than five (5) acres in size and is necessary to meet the Exterior Storage requirements of this Chapter. The front lot line is the property line located on a public roadway—in this case, it is Lofton Avenue. The parcel is 34.6 acres in size, and the applicants propose to place the building 78 feet from the roadway right-of-way. The parcel is divided by Lofton Avenue, and the portion of the parcel on the east side of Lofton is over 10 acres in size and has over 1,000 feet of road frontage. The applicants are requesting a variance to place the accessory in the proposed location so that it is accessible to the primary structure, while avoiding impacts to the mature wooded areas and wetland areas on the parcel. A location that is farther from the roadway than the primary structure, or 200' or more from the roadway, would impact the existing woodlands and wetlands on the property. The City has not granted permission to locate accessory structures on portions of parcels divided by roadways that do not include the primary structure in the past (such as the portion of the Gonzalez parcel that is west of Lofton Avenue) because the parcel could be subdivided in the future leaving an accessory building on a parcel without a primary structure. While an accessory building might be located on the western portion in a position that is farther from the roadway than the primary structure, meeting the literal language in the code, the intent of the language is to make the accessory structure "subordinate" to the primary structure by placing it to the side or behind the primary structure. A stand-alone building on the portion of the parcel west of Lofton Avenue would not appear subordinate, and therefore would likely not meet the intent of the Code. Comprehensive Plan The Comprehensive Plan states that the General Rural (GR) District is a residential area of mixed lot sizes. The intent of the district is to establish a rural residential area that meets the Metropolitan Council requirement for rural communities that overall densities shall not exceed 1 housing unit per 10 acres. Residential accessory structures, such as garages, are a permitted use in the GR District. The proposed accessory structure is generally consistent with the goals of the Comprehensive Plan for the uses permitted in the GR District. The Comprehensive Plan also includes goals to protect woodlands and wetlands and rural views in Scandia along roadways such as Lofton Avenue. The Planning Commission may consider whether the existing trees along the Lofton Avenue right-of-way provide screening to protect the rural views along the roadway if the accessory building is permitted in the proposed location, or if additional screening is needed to meet the goals of the Comprehensive Plan. Lot Size and Setbacks The applicants' lot is 34.66 acres in size, and exceeds the minimum 2.0 -acre lot size permitted in the GR District. The required setbacks in the GR District include the following: I Gonzalez Variance Staff Report Scandia Planning Commission Page 3 July 11, 2017 • Front: 40 feet • Side: 20 feet • Rear: 50 feet • 100 feet from the centerline or 50 feet from the right-of-way of collector roadways (Lofton is identified as a collector roadway in the 2030 Comprehensive Plan) The sketch that the applicants provided indicates that the proposed accessory building would meet the setback requirements. The building is proposed to be 78 feet from the right-of-way of Lofton Avenue, 27 feet from the nearest side lot line, and exceeds the other setback requirements. Accessory Structures The property includes one existing accessory structure that is approximately 800 square feet in size. The Development Code permits up to 2 residential accessory structures with a total area of 5,500 square feet and no limit on agricultural buildings. The proposed structure would be 2,000 square feet in size. The number and size of accessory buildings proposed meets the ordinance reauirement. Lot Coverage The GR District allows up to 25% lot coverage by impervious surfaces The Planner calculated the lot coverage including the existing and proposed structure, and it would be approximately 1 % of the parcel. The lot coverage meets the code requirement. Building Height The proposed building will be approximately 21 feet tall. The Development Code permits a maximum building height of 35 feet in the GR District. The building meets the ordinance height requirement. Wastewater Treatment The proposed expansion does not require additional wastewater treatment on the parcel. Stormwater Management and Land Alteration No alteration is proposed in the grades on the site. The Planner sent the application to the Carnelian -Marine -St. Croix Watershed District for review. If the District provides comments they will be presented at the Planning Commission meeting on July 11. The City's ordinance requires that the applicants obtain a land alteration and grading permit if 1,000 square feet or more of land area will be disturbed for the proposed expansion. The applicants should obtain the land alteration and grading permit if needed as part of the building permit. I Gonzalez Variance Staff Report Scandia Planning Commission Page 4 July 11, 2017 Driveway/Access and Right -of -Way The applicants propose to access the building using an extension from the existing driveway. The driveway is located on the parcel to the north, which is owned by a family member and may be owned by the applicants in the future. The applicants' parcel has an existing access easement from the parcel to the north for the driveway that includes the area for the proposed extension of the driveway. The Planner sent the application to the City Engineer and Washington County to review. The Engineer commented that "I have reviewed this application and from the information submitted would have no objection or additional conditions of approval other than confirming with Washington County that the distance from the roadway is adequate." Washington County responded that its right-of-way on Lofton is 120 feet wide -60 feet each way from the center of Lofton. The County staff had no objection to the proposed location of the accessory building given its rural location. Landscape Plan/Screening The Planning Commission recently amended the Accessory Structure section of the ordinance to provide options to permit accessory structures between the primary structure and the roadway if the setbacks and screening were adequate to maintain the rural character of the area. The goal of the amendment was to provide for storage of property on sites where it was difficult to locate the storage building(s) behind the primary structure. In this case, the woodlands and wetlands of the parcel make it difficult to locate the storage building behind the home, and there are existing conifers on the property to the north and along the Lofton right-of- way that will provide screening of the proposed building. The Planning Commission should review the existing screening on the site visit, and determine if additional screening is needed to preserve the views along Lofton from the south of the proposed structure. The Planner has proposed a condition for approval that the applicants shall maintain the existina screenina alona Lofton Avenue. DETAILED DISCUSSION OF THE VARIANCE REQUEST 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 variance criteria 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. I Gonzalez Variance Staff Report Scandia Planning Commission Page 5 July 11, 2017 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. Applicants' Rationale for the Variance The applicants stated that the practical difficulties that prevent them from locating the accessory building in a location that is farther from the road right-of-way than the primary structure are the location of mature woodlands and location of wetlands on the parcel. A location on the parcel that is farther from the road than the primary structure would have negative impacts to those resources. Findings The following bullets present the Planner's findings related to the Gonzalez request for a variance, based on the statutory criteria for granting a variance. Each of the criteria is shown in italics: • Variances shall only be permitted when they are in harmony with the general purposes and intent of the official control. Granting the requested variance is in harmony with the purposes and intent of the Comprehensive Plan and Development Code based on the following: • The proposed use of the parcels for a single-family residence and an accessory structure is consistent with the Comprehensive Plan goals and policies for the General Rural District. • The Comprehensive Plan includes goals to preserve mature woodlands and wetlands, and the proposed building location is consistent with those goals. A location farther from the roadway that the primary structure would impact the woodlands or wetlands on the parcel. • The Comprehensive Plan includes goals to maintain rural views. The proposed structure would be screened by conifers along the Lofton right-of-way and on the property to the north that will help to maintain the rural views of the site from Lofton Avenue North. • The city has recently updated the standards for Accessory Structures to provide expanded options to locate storage buildings between the primary building and the roadway to meet the City's policies for exterior storage. The proposed structure is consistent with those standards. • The property owner proposes to use the property in a reasonable manner under the conditions allowed by official control(s). Single Family Residences and their accessory structures are reasonable uses in the GR District. • The practical difficulties are not caused by the landowner, and are unique to the property. I Gonzalez Variance Staff Report Scandia Planning Commission Page 6 July 11, 2017 The practical difficulties are caused by the location of the mature trees and wetlands on the property, and these conditions were not created by the landowner. • The variance would not alter the essential character of the area. The applicants' property is surrounded by large agricultural parcels that include accessory buildings. The woodlands on the applicants' parcel and nearby parcels will screen the proposed building from view from the adjacent parcels. Granting the variance would not alter the essential character of the area. • Economic conditions alone shall not constitute practical difficulties. The practical difficulties are caused by the location of existing mature trees and wetlands on the parcel. The difficulties are not related solely to economic conditions. • 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 variance will not impair the supply of light or air to adjacent properties. The addition of the accessory building will not increase congestion or endanger public safety. The proposed expansion is well -screened by existing trees, and will not impair property values in the neighborhood. • The required variance is the minimum action required to eliminate the practical difficulty. Construction of the proposed accessory building in a location that meets all setback requirements and is screened from the roadway and adjacent parcels in the minimum action required to eliminate the practical difficulty. • 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 can recommend the following: 1. Approval 2. Approval with conditions 3. Denial with findings 4. Table the request I Gonzalez Variance Staff Report Scandia Planning Commission Page 7 July 11, 2017 PLANNING STAFF RECOMMENDATIONS: The Planner recommends that the Planning Commission review the screening of the proposed structure location at the site visit and recommend additional screening if needed to maintain the rural character of views from Lofton Avenue North. The Planner recommends that the Planning Commission approve the variance to permit construction of the proposed 40'x50' accessory building in a location that is a minimum of 78' from the right-of-way of Lofton Avenue and a minimum of 27' from the northern property boundary on the parcel at 21203 Lofton Avenue North. 1. The location and construction of the accessory building shall be in substantial compliance with the plans submitted to the City on May 11, 2017. 2. The applicants shall obtain a building permit for the accessory building. 3. The applicants shall obtain a land alteration and grading permit from the City if the area that will be disturbed for construction exceeds 1,000 square feet. 4. The applicants shall maintain the existing trees and screening along the Lofton Avenue North right-of-way. 5. The applicants shall pay all fees and escrows associated with their application. I