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7. Report on variance for accessory structure setback (solar panels) at 15610 PilarMemorandum To: Scandia Planning Commission Copies To: Neil Soltis, City Reference: 15610 Pilar Road North Variance Application 444 Cedar Street, Suite 1500 Saint Paul, MN 55101 651.292.4400 tkda.com Mi Sherri Buss, RLA AICP, Routing: TKDA Planner Memorandum To: Scandia Planning Commission Copies To: Neil Soltis, City Reference: 15610 Pilar Road North Variance Application ITEMS REVIEWED: Application and Plan received June 20, 2017 BRIEF DESCRIPTION OF THE REQUEST: The applicant is requesting a variance to construct a solar array closer to the roadway right-of- way than the principal building on the property. The solar array will be an accessory use to the primary residential building on the property, and needs to comply with the standards for accessory structures in the Development Code. The property is located in the General Rural (GR) District and is 25.98 acres in size. An employee owned company promoting affirmative action and equal opportunity Administrator Brenda Eklund, City Clerk Project No.: 16322.014 Jeff and Paula Sandstrom, applicants From: Sherri Buss, RLA AICP, Routing: Planner Date: June 27, 2017 SUBJECT: 15610 Pilar Road Variance Request for Placement of an Accessory Structure (Solar Array) Closer to the Roadway than the Primary Structure MEETING DATE: July 11, 2017 LOCATION: 15610 Pilar Road North APPLICANTS: Jeff and Paula Sandstrom 15610 Pilar Road North ZONING: General Rural (GR) District 60 -DAY PERIOD: August 20, 2017 ITEMS REVIEWED: Application and Plan received June 20, 2017 BRIEF DESCRIPTION OF THE REQUEST: The applicant is requesting a variance to construct a solar array closer to the roadway right-of- way than the principal building on the property. The solar array will be an accessory use to the primary residential building on the property, and needs to comply with the standards for accessory structures in the Development Code. The property is located in the General Rural (GR) District and is 25.98 acres in size. An employee owned company promoting affirmative action and equal opportunity 15610 Pilar Variance Staff Report Scandia Planning Commission Page 2 July 11, 2017 DETAILED EVALUATION OF THE VARIANCE 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. 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 of the Sandstrom property is located along Pilar Road North. The parcel is 25.98 acres in size, and the applicants propose to place the accessory solar structure approximately 60 feet from the centerline of Pilar Road North. There is no dedicated public right-of-way on Pilar Road, and the property line is located along the centerline of Pilar. The applicants are requesting a variance to place the accessory structure in the meadow area on their property so that it can receive the adequate sunlight required for viable operation of the solar array. The property is heavily wooded and includes wetland areas. The roof structure of the house will not permit mounting the array on the south -facing side. The meadow area between the house and Pilar Road North is the only area that receives enough sunlight to operate the array successfully. 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, including accessory solar energy systems, are a permitted use in the GR District. Comprehensive Plan notes that the City encourages the use of renewable, local and diverse forms of energy in order to increase the use of local resources, mitigate the local risk from fossil fuel scarcity and price increases, and help meet Minnesota's climate protection goals. The Comprehensive Plan also includes goals to protect woodlands and wetlands. The proposed variance is requested to permit the location of the accessory solar energy structure in the location on the parcel that is viable for solar energy production and to protect existing woodlands and wetlands. The proposed accessory solar structure and the proposed location are aenerallv consistent with the aoals of the Comprehensive Plan. Lot Size and Setbacks The applicants' lot is approximately 26 acres in size, and exceeds the minimum 2.0 -acre lot size permitted in the GR District. The required setbacks from property lines in the GR District include the following: • Front: 40 feet • Side: 20 feet • Rear: 50 feet i 15610 Pilar Variance Staff Report Scandia Planning Commission Page 3 July 11, 2017 The City's Engineer noted that there is currently no dedicated right-of-way along Pilar Road North—the property line of 15610 Pilar goes to the center of the roadway. However, if the property were subdivided in the future, the City would require that the owners dedicate a 33' right-of-way from the centerline of Pilar, and dedicate a 10' utility and drainage easement outside the right-of-way. He noted that the proposed placement of the utility pole is within the typical right-of-way, and that the solar array is proposed to be approximately 60' from the centerline of Pilar and would not meet the typical 40' setback if right-of-way were dedicated in the future on Pilar Road North. The Planner and Engineer have included a proposed condition for approval that the site plan be revised so that the solar array be setback at least 40' from a future right-of-way (i.e., it would be 73' from the centerline of Pilar Road North rather than the applicants' proposed 60'), and all poles, underground lines and related equipment be placed at least 43' from the centerline of Pilar Road North to recognize future right-of-way that may be dedicated on Pilar Road North and meet the normal structure setback requirements. The Planner and Engineer asked the City Attorney if the City could require right-of-way and drainage/utility easement dedication along Pilar for this application, given the need to locate the solar system elements outside these areas. The Attorney stated that it would be a reasonable condition for this application, and therefore the Planner has proposed a condition that the applicants shall dedicate a 33' of right-of-way from the center of Pilar Road North and a 10' drainage and utility easement adjacent to the dedicated right-of-way along the western side of the parcel to the City. Accessory Structures There are no existing residential accessory structures on the parcel; there is a small chicken coop on the property. The Development Code permits up to 2 residential accessory structures with a total area of 4,500 square feet on the parcel and an unlimited number of agricultural structures. The proposed solar structure would cover an area of approximately 770 square feet. The number and size of accessory buildinas Droaosed 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 structures, and it would be less than approximately 1 % of the parcel. The lot coverage meets the code requirement. Structure Height The proposed panels will be 14' high at fullest extension, and will face south. The Development Code permits solar panels to be a maximum height of 15' in all districts. The solar array meets the ordinance height requirement. 7 15610 Pilar Variance Staff Report Scandia Planning Commission Page 4 July 11, 2017 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, and the proposed construction will not require a grading permit. The Planner sent the application to the Carnelian -Marine -St. Croix Watershed District for review. Jim Shaver, the District Administrator, commented as follows: "The District has no comments on this proposed project and it will not require a Watershed District permit." Driveway/Access and Roadway Right -of -Way Issues The applicants will use the existing driveway to access the solar array. The Planner sent the application to the City Engineer for review. The Engineer commented as follows: • Please have the applicant specify on their drawing the distance the proposed utility production/bidirectional meter is to the road right-of-way. It appears that the meter needs to be located further east. • Also want to confirm that it's far enough from the road not to interfere with any existing or future road ditches, see drawing attached. • If new service line is required, the City would want to have an alignment more like the red line versus the existing underground line, see picture 2 attached. Based on the Engineer's comments, the Planner discussed the right-of-way issues on the property and location of the proposed array and utility equipment with the Engineer. The discussion and recommendations are detailed in the section titled "Lot Sizes and Setbacks" above. The Planner included conditions for approval of the variance as follows based on the Engineer and Attorney's recommendations: • The applicants shall locate the solar arrav a minimum of 73' from the centerline of Pilar Road North in consideration of a potential future roadway easement of 33', so that the array meets the normal 40' structure setback requirement from the road right-of-way. • All utility equipment related to the solar array shall be located a minimum of 43' from the centerline of Pilar Road North, outside a potential future road right-of-way and drainage and utility easements. • The applicants shall dedicate a 33' of right-of-way from the center of Pilar Road North and a 10' drainage and utility easement adjacent to the right-of-way along the entire western parcel boundary to the City. • If a new electrical service line is required, the applicants shall align the new service line as requested by the City Engineer in his memo dated June 22, 2017. 7 15610 Pilar Variance Staff Report Scandia Planning Commission Page 5 July 11, 2017 Landscape Plan/Screening The applicants are planning to convert the existing meadow area to native prairie vegetation and are working with Prairie Restorations on that project. The work that they have completed to remove the existing non-native vegetation in the meadow will be visible on the site visit. The applicants have also been transplanting conifers from their property to create a screen along Pilar, and are planning to add more trees along Pilar. The applicants noted that the proposed location of the solar array has been staked and will be visible at the site visit. The accessory structure ordinance permits the City to require screening of structures that are closer to the roadway than the primary structure if needed to protect views from public roadways or adjacent properties. While the ordinance related to Solar Gardens and Farms permits the City to require up to 95% screening of these uses, the accessory solar structure is more similar in size to an accessory building such as a garage or storage building. The solar array will face south. and therefore the side of the structure will be the most visible side from Pilar Road. The Planning Commission should review the existing screening along Pilar Road North, and determine if additional screening is needed to protect views from Pilar Road and adjacent parcels. The Planner has proposed a condition for approval that the applicants shall maintain the existina screenina alona Pilar Road North. Dendina the Commission's recommendations. The accessory structure section of the ordinance permits the city to require screening of structures closer to the roadway than the primary structure if needed to protect views. The Commission should consider the appropriate amount of screening based on the accessory structure section of the ordinance and similar requirements to screen garages and accessory buildings. The requirements to screen solar gardens and farms do not apply to accessory solar structures. 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. 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. 7 15610 Pilar Variance Staff Report Scandia Planning Commission Page 6 July 11, 2017 Applicants' Rationale for the Variance The applicants identified the following practical difficulties that require a variance in order to construct a viable accessory solar system on their property: • The heavily wooded nature of the property precludes locating the solar array in a location that is farther from the roadway than the house. The meadow location is the only location that will provide adequate access to sunlight to operate the solar energy system. • A roof -mounted system is not viable due to the roof configuration on the south side of the house. Findings The following bullets present the Planner's findings related to the Olson request for a variance, based on the statutory criteria for granting a variance. Each of the criteria are 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 accessory solar energy system is consistent with the Comprehensive Plan goals and policies to encourage alternative energy sources. The proposed location between the house and roadway is the only location on the property that will provide adequate access to sunlight to operate the solar energy system successfully. • The Comprehensive Plan includes goals to preserve woodlands and wetlands, and the proposed solar array 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 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, including accessory solar energy systems, are reasonable uses in the GR District. • The practical difficulties are not caused by the landowner, and are unique to the property. The practical difficulties are caused by the need for a location where the solar energy system can access sufficient sunlight to be viable, and the heavily wooded nature of the parcel limits the proposed location to the meadow area between the roadway and the primary structure. The conditions were not created by the landowner. • The variance would not alter the essential character of the area. The applicants' property is surrounded by wooded parcels that include accessory buildings. The woodlands on the applicants' parcel and nearby parcels will screen the I 15610 Pilar Variance Staff Report Scandia Planning Commission Page 7 July 11, 2017 proposed solar array from view from the adjacent parcels. The existing and proposed trees along Pilar Road North will screen the array from view from the public roadway. 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 the existing woodlands and wetland on the parcel. The only location that provides the necessary access to sunlight so that the solar energy system can operate successfully is closer to the roadway that the primary structure. 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 solar array 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 solar array in a location that meets the structure setback requirements and provides adequate access to direct sunlight for the solar energy system is the minimum action needed to eliminate the practical difficulty. • Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Granting the variance will provide adequate access to 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 PLANNING STAFF RECOMMENDATIONS: The Planner recommends that the Planning Commission approve the variance to permit construction of the proposed accessory solar energy system in a location that is a minimum of 73' from the centerline of Pilar Avenue North, with the following conditions: I 15610 Pilar Variance Staff Report Scandia Planning Commission Page 8 July 11, 2017 1. The applicants shall revise the site plan to locate the solar array a minimum of 73' from the centerline of Pilar Road North and to locate the utility equipment for the solar array a minimum of 43' from the centerline of Pilar Road North. 2. The applicants shall dedicate a 40' public right-of-way and 10' drainage and utility easements along Pilar Road North to the City of Scandia. 3. Any new electrical service line needed for the solar energy system shall be aligned as requested by the City Engineer in his memo dated June 22, 2017. 4. The applicants shall maintain the existing trees and screening along the Pilar Road North right-of-way. 5. The Applicant shall pay all fees and escrows related to this application. 7