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6. Report on variance for sideyard setbacks at 18526 Langly AveMemorandum To: Scandia Planning Commission Copies To: Neil Soltis, City Reference: 18526 Langly Avenue North Variance Request Administrator Brenda Ecklund, City Clerk Chad Wolkerstorfer, CW Exteriors LLC, applicant Jeffrey Biermaier, owner Project No.: 16322.012 From: Sherri Buss, RLA AICP, Routing: Planner Date: July 5, 2017 SUBJECT: Request for a Variance from Side Yard Setbacks to build a home MEETING DATE: July 11, 2017 LOCATION: 18526 Langly Avenue North APPLICANT: Chad Wolkerstorfer, CW Exteriors LLC 180 Ryan Drive St. Paul, MN 55017 OWNER: Jeffrey Biermaier 1038 Felix Street West St. Paul, MN 55118 ZONING: General Rural (GR) District and Shoreland Overlay District 60 -DAY PERIOD: August 19, 2017 ITEMS REVIEWED: Application, survey, and supplemental information received June 20 and revised survey received June 26 BRIEF DESCRIPTION OF THE REQUEST: The applicant is proposing to build a new home and related structures on a parcel at 18526 Langly Avenue North, within the Shoreland Overlay District of Big Marine Lake. The proposed 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: 18526 Langly Avenue North Variance Request Administrator Brenda Ecklund, City Clerk Chad Wolkerstorfer, CW Exteriors LLC, applicant Jeffrey Biermaier, owner Project No.: 16322.012 From: Sherri Buss, RLA AICP, Routing: Planner Date: July 5, 2017 SUBJECT: Request for a Variance from Side Yard Setbacks to build a home MEETING DATE: July 11, 2017 LOCATION: 18526 Langly Avenue North APPLICANT: Chad Wolkerstorfer, CW Exteriors LLC 180 Ryan Drive St. Paul, MN 55017 OWNER: Jeffrey Biermaier 1038 Felix Street West St. Paul, MN 55118 ZONING: General Rural (GR) District and Shoreland Overlay District 60 -DAY PERIOD: August 19, 2017 ITEMS REVIEWED: Application, survey, and supplemental information received June 20 and revised survey received June 26 BRIEF DESCRIPTION OF THE REQUEST: The applicant is proposing to build a new home and related structures on a parcel at 18526 Langly Avenue North, within the Shoreland Overlay District of Big Marine Lake. The proposed An employee owned company promoting affirmative action and equal opportunity 18526 Langly Variance Request Scandia Planning Commission Page 2 July 11, 2017 home location would require a variance from the requirement for a minimum 10' side lot line setback for both side lot lines. The area of the parcel is 0.21 acres, 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 applicant is proposing to construct a new home and driveway on the parcel at 18526 Langly Avenue North. Developing the home would include replacing the existing septic tanks in the same location, and adding a new well to serve the property. The proposed home location is 3 feet from the south parcel boundary and 7 feet from the northern parcel boundary, requiring a variance from the side setback requirement of 10' on each side lot line. The property to the south is owned by the City of Scandia, and the City Administrator suggested that the new home may be closer to the City's property line than the northern property boundary in order to have a larger separation from the residential parcel to the north, since the City is unlikely to use its parcel. The existing home on the parcel to the north is approximately 7 feet from the common boundary with 18526 Langly Avenue. The applicant requested the opportunity to purchase the City parcel to combine with his parcel, but that is not possible because the title report showed that the City's parcel was conveyed to the City for use as a road via tax forfeiture. If that use ceases the land reverts back to the State. 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, including the Shoreland ordinance. The proposed home location would meet the required setbacks from the Ordinary High Water Line of Big Marine Lake for the house and septic system. The Comprehensive Plan also includes goals to protect steep slopes from development, and the variance is proposed in part to avoid the steep slopes on the western half of the parcel at 18526 Langly Avenue North. The proposed structure location is generally consistent with the goals and policies of the Comprehensive Plan for uses in the General Rural and Shoreland Overlay Districts. Development Code Requirements: Lot Size and Setbacks The applicants' parcel is approximately 8,693 square feet in size (approximately 0.2 acres) and is a legal nonconforming lot in the Shoreland Overlay District. i 18526 Langly Variance Request Scandia Planning Commission Page 3 July 11, 2017 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: approximately 220 feet • Septic system setback from the OHWL: approximately 180 feet • Building setback from the side lot lines: 7 feet and 3 feet • Building setback from the roadway ROW: 40 feet • Septic tank setback from the ROW and parcel boundary: approximately 10 feet --existing • Septic tank setback from the new well: 50 feet The Dr000sed home reauires a variance from the reauired setbacks from the side lot lines. Accessory Structures There are no existing or proposed accessory structures on the parcel. Lot Coverage The Shoreland Overlay District permits up to 25% lot coverage. The surveyor calculated the proposed impervious cover to be 23.6%. The proposed structures meet the impervious cover requirement of the ordinance. Building Height The maximum structure height permitted in the Shoreland Overlay District is 35 feet. The builder stated that the proposed home will be approximately 25 feet in height, and meets the building height requirement. The application included a building elevation. Driveway Access The site plan includes a proposed driveway. The parcel has an existing driveway access to Langly Avenue North. The City Engineer's comments regarding the proposed driveway included: • It appears that the driveway is being relocated. The minimum width for the driveway should be 12'. and the maximum width Dermitted at the street connection is 24'. Wastewater Treatment and Well The applicant is proposing to replace the existing septic system with a similar system in the same location connected to the City's 201 System, and is proposing to use the existing well. The new system will need to obtain any required permits from the County and address City 7 18526 Langly Variance Request Scandia Planning Commission Page 4 July 11, 2017 requirements for access to the 201 System. The applicant is also proposing a new well location, at the northwest corner of the new home. The City Engineer's comments on the variance application included the following: • Washinaton Countv needs to review the septic system and the aoDlicant shall obtain an required County and City permits for the new system. • The applicant shall obtain the required permit for the new well from the Minnesota Department of Health. The Planner included the Engineer's proposed conditions for approval of the variance. Vegetation The plans show that two trees will be removed for the septic system replacement and driveway development. Both locations are outside the required setbacks from the Ordinary High Water Line and therefore no tree replacement is required by the Shoreland Management Ordinance. Stormwater Management and Watershed District Comments The Planner sent the application to the Carnelian -Marine -St. Croix Watershed District (CMSCWD) for comments. Jim Shaver, the CMSCWD Administrator, provided the following comment: "The District has no comment on the applicant's request for a side yard setback variance. At a minimum, this project will require a District permit for erosion control and stormwater management." The City Engineer provided the following comments related to stormwater management: • Drainage in this area (the ditch area between the road and the house) is supposed to flow north; however, the adjacent property to the north (18540 Langly) has a crushed driveway culvert and the lot of 18526 Langly Avenue North does not have an existing driveway culvert, but is holding water on their property when it rains (see attached photo). • If a basement is proposed the low floor opening should be a minimum 2 feet higher than the overflow area—with the information available on the survey, I would guess it is the roadway. If a basement is proposed this will certainly elevate the house compared to the property to the north. • The proposed house plans and grading plan need to show that drainage will not be directed to the property to the north upon construction and final elevations. • The grading for the project shall maintain the existing drainage condition on the adjacent city -owned parcel. The Planner included proposed conditions for approval of the variance based on the Engineer's comments: The applicants shall submit a grading and drainage plan for approval by the City Engineer prior to approval of the building permit. The plan shall show that grading and drainage for the new development shall not be directed to the property to the north upon construction and final elevations; and the grading plan and construction activities shall maintain the existing drainage condition on the adjacent city -owned parcel. The conditions also require the applicant to obtain any required Watershed District permits. 7 18526 Langly Variance Request Scandia Planning Commission Page 5 July 11, 2017 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. 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 and Discussions with the City The applicant stated that the proposed home is modest in size (1200 square feet) and that the design has been modified and a proposed fireplace was removed to try to fit the home on the small parcel within the required setbacks. The ability to redesign and extend the home to the west is limited by the steep slopes that occupy the western half of the parcel, and the ability to extend to the east is limited by the need to maintain the required separation between the home and the septic system and meet the front setback requirement. The applicant requested the opportunity to purchase the City parcel to combine with his parcel prior to the variance application, but that is not possible because the title report showed that the City's parcel was conveyed to the City for use as a road via tax forfeiture. If that use ceases the land reverts back to the State. The applicant indicated a willingness to be flexible about the home location within the parcel, and the City Administrator suggested a setback of 3' from the south property line, and 7' from the north property line. The City approved a variance to permit the home to the north (18540 Langly) to be located closer to the side setback than the required 10' setback—it is approximately 7' from the common boundary between the two properties. Granting a variance to permit the 7' setback for 18526 Langly would be similar to the distance approved for the owner to the north. I 18526 Langly Variance Request Scandia Planning Commission Page 6 July 11, 2017 The City Engineer and Administrator noted that construction of the home with the minimal setback from the City property may result in drainage, grading or other impacts to the City parcel. The Planner has included conditions for approval that the applicant shall submit a grading and drainage plan to the City for approval by the Engineer, and if the City parcel is impacted by construction activity, the applicant shall complete restoration of all disturbed areas. 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 harmony with the Comprehensive Plan and general purposes and intent of the Plan and Development Code. The Comprehensive Plan includes policies that allow residential uses in the General Rural District and Shoreland Overlay District. The Comprehensive Plan and Shoreland Ordnance include policies to preserve steep slopes and meet setback requirements. Granting the variance from the side setback requirement is consistent with the policies to protect steep slopes and will permit development of the home to the other required setbacks on the parcel, including the required setback from the septic system. • The property owner proposes to use the property in a reasonable manner under the conditions allowed by official control(s). Single-family residences 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, the location of steep slopes, and the location of the existing septic system. The landowner did not create the practical difficulties. • The variance would not alter the essential character of the area. Granting the variance from the side setbacks would not alter the character of the area. The neighborhood includes homes of similar sizes on small parcels. The home to the north has a similar reduced side setback on the common boundary with 18526 Langly, and the proposed front setback is similar to that of other homes on Langley Avenue. • 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, steep slopes that occupy approximately half of the I 18526 Langly Variance Request Scandia Planning Commission Page 7 July 11, 2017 parcel, and the location of the existing septic system and need to meet the required setback from that system for an occupied dwelling. • 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 in the proposed location where it meets the setback requirements from the septic system, front and rear property lines, and required setback between the septic system and the home and the septic system and well, and requires only the variance from the side setbacks is the minimum action required to develop a home on the parcel. • 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. The findings support granting the variance. ACTION REQUESTED: The Planning Commission should receive public comments at the hearing on July 11, 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 7 feet from the northern parcel boundary, 3 feet from the southern parcel boundary, and meets all other setback requirements on the parcel at 18526 Langly Avenue North. The Planner recommends the following conditions for the variance: 1. The development of the parcel shall be consistent with the Certificate of Survey provided to the City on June 26, 2017. The applicant shall revise the survey to show the septic system location and new well location. I 18526 Langly Variance Request Scandia Planning Commission Page 8 July 11, 2017 2. The applicants shall obtain a building permit for the proposed development of the site. 3. The minimum width of the new driveway shall be 12' and the maximum width at the street connection shall be 24'. 4. The applicant shall obtain any required County and City permits for the septic system replacement. 5. The applicant shall obtain the required permit for the new well from the Minnesota Department of Health. 6. The applicant shall obtain any required Watershed District permits. 7. The applicant shall submit a grading and drainage plan for approval by the City Engineer prior to approval of the building permit. The plan shall show that grading and drainage for the new development shall not be directed to the property to the north upon construction and final elevations. 8. The grading plan and construction activities shall maintain the existing drainage condition on the adjacent city -owned parcel. 9. If the construction activities impact the city -owned parcel, the applicant shall complete restoration of all disturbed areas. 10. If a basement is proposed the low floor opening shall be a minimum 2 feet higher than the overflow area for the property. 11. The applicant shall pay all fees and escrows associated with the variance application. I