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7.b 1 Manthey Acres Minor subdivision and wetland setback variance Memorandum To: Scandia City Council Reference: Manthey Acres Minor Subdivision and Variance Application Copies To: Neil Soltis, City Administrator Brenda Eklund, Clerk Dan Manthey, applicant Project No.: 16322.015 From: Sherri Buss, RLA AICP, Planner Routing: Date: October 9, 2017 SUBJECT: Manthey Acres Minor Subdivision and Variance MEETING DATE: October 17, 2017 LOCATION: PID 27.032.20.44.0003 Located on Old Marine Trail North APPLICANT: Dan Manthey 14633 Old Marine Trail North ZONING: General Rural (GR) District and Shoreland Overlay District 120-DAY PERIOD: November 19, 2017 ITEMS REVIEWED: Application and Preliminary Plat received July 21, 2017 and Variance Application received on September 11 BRIEF DESCRIPTION OF THE REQUEST: The applicant is proposing to subdivide an existing 23.6-acre parcel to create Lots 1 and 2 and Outlot A. The property is located in the General Rural (GR) District and Shoreland Overlay District of Long Lake, a Natural Environment Lake. Lots 1 and 2 would be approximately 5.7 and 5.1 acres in size. The Outlot would include 12 acres. The proposed driveway for the subdivision requires a variance from the City’s wetland setback requirement. Manthey Acres Subdivision Staff Report Scandia City Council Page 2 October 17, 2017 DETAILED EVALUATION OF THE SUBDIVISION REQUEST: Comprehensive Plan The Comprehensive Plan describes the General Rural District as a residential area of mixed lot sizes. The Plan 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 Shoreland Ordinance, which is supported by the Comprehensive Plan, permits new lots with a minimum size of 5-acres in the first tier around Natural Environment Lakes. The proposed use of the property is consistent with the goals and policies in the Comprehensive Plan. Development Code Requirements: Density, Lot Size, Frontage, and Buildable Area The Shoreland Overlay District requires that new lots on Natural Environment lakes be at least 5.0 acres in size, and be a minimum 300 feet wide at the OHWL, setback line, and road right-of- way. The Development Code requires that new lots have a minimum buildable area of 1 acre.  The proposed Lot 1 includes 5.7 acres and will be 389-411 feet wide at the OHWL, OHWL setback line, and right-of-way of Old Marine Trail.  The proposed Lot 2 includes 5.1 acres and will be 308-337 feet wide at the OHWL, OHWL setback line, and right-of-way of Old Marine Trail  The proposed Outlot A includes 12.09 acres. The plat indicates significant areas of wetlands and drainage easements on the parcel, and little buildable area.  The preliminary plat indicates that Lot 1 and Lot 2 each have more than 1.0 acres of buildable area. The proposed lots meet the lot size, width, and buildable area requirements of the Development Code. Accessory Structures The existing parcels are vacant. If development is proposed in the future the accessory structures shall comply with the standards of the Development Code. Outlot The Zoning Ordinance defines outlot as “a lot remnant or any parcel of land included in a plat that is not buildable at the time of platting…it may be a lot that is too small to comply with the minimum size requirements of zoning and subdivision…” The applicant is proposing that Outlot A will not remain a part of this subdivision, but would be combined with the parcel to the west that he owns. While it is more typical that outlots remain part of the subdivision that created them, the Development Code does not prevent an outlot from being combined with an adjacent lot. Combining the Outlot with the parcel to the west will require a lot combination procedure after approval of the subdivision. The City Attorney Manthey Acres Subdivision Staff Report Scandia City Council Page 3 October 17, 2017 recommended that there should be a recital in the resolution of approval for the subdivision to state that the City is not requiring that Outlot A remain a part of the subdivision. The recital is included in the proposed conditions for approval of the subdivision. Wetlands and Slopes The Preliminary Plat shows the locations of the wetland boundaries and proposed drainage and utility easements. The original Plat did not indicate the setbacks between the proposed driveway and adjacent wetlands to the east and west. The setback appeared to be very close to the required 75’, particularly to the wetland to the west of the driveway. At the Planning Commission meeting and public hearing on September 5, the applicant and his surveyor responded to questions about the driveway location and stated that the driveway did not meet the 75’ setback requirement. The application was tabled to permit the applicant to apply for a variance. The applicant submitted a revised plat that shows that the proposed driveway is 71 feet from Basins 5 and 6, and therefore does not meet the setback requirement. Setbacks The required setbacks in the Shoreland Overlay District on Natural Environmental Lakes are: Setback from the OHWL: 200 feet for structures 150 feet for septic systems Side yard, parcel >1 acre: 20 feet Setback from Old Marine Trail (Minor Collector): 100 feet from the centerline or 50 feet from the right-of-way, whichever is greater Unclassified water bodies: 75 feet The proposed driveway location requires a variance from the required structure setback from wetlands. The Preliminary Plat meets the other setback requirements. Wastewater Treatment The Planner sent the plat to at Washington County for comments regarding wastewater treatment. Alex Pepin’s comments included the following: “The soils look OK there; it appears that the septic areas meet the wetland setback on the preliminary plat, but the septic areas are really wedged in there right up to the setback and they will have to be very careful with the driveway grading. It will be tight, but according to their preliminary plat it appears to meet our septic requirements.” The Planner included a proposed condition for approval of the subdivision that the applicant shall obtain a septic system permit from Washington County. Lot Coverage The maximum lot coverage permitted in the Shoreland Overlay District is 25%. Future development on the parcels shall meet the coverage requirement. Manthey Acres Subdivision Staff Report Scandia City Council Page 4 October 17, 2017 Stormwater Management The Planner sent the application to the Carnelian-Marine-St. Croix Watershed District for review. Any district comments will be provided to the Planning Commission at its meeting on September 5. The Planner included a condition for approval that the subdivision and future development shall obtain all necessary Watershed District permits, and that the applicant provide a copy of the wetland delineation to the Watershed District. Drainage and Utility Easements The Engineer reviewed the Preliminary Plat and had the following comments on the Minor Subdivision:  The Plat should be revised to add a 10’ wide drainage & utility easement just south of the Old Marine Trail road right-of-way across the entire proposed northern boundary of Lot 1, Lot 2, and Outlot A. The easement shall be dedicated to the City of Scandia. The proposed drainage easements should be adjusted accordingly.  The proposed private driveway easement should be adjusted up to the 10’ wide drainage & utility easement.  The proposed drainage easements should include separate descriptions for Lot 1, Lot 2, and Outlot A. The Planner included the Engineer’s proposed conditions in the conditions for approval of the subdivision. Shared Driveway The Development Code requires that each lot have frontage on an improved public roadway, The proposed driveway meets that requirement. The City has required some standard conditions for shared driveways that have been approved for other subdivisions, and the City Engineer advised that for this application, the conditions should read as follows:  In order to provide reasonable access to fire trucks and rescue vehicles, the applicant shall construct and the property owners shall maintain a minimum 12’ driveway surface that is capable of supporting emergency vehicle equipment.  The applicant or owners shall maintain a 16’ wide opening around the driveway by clearing the trees or shrubs as needed.  Any changes to drainage on the lots shall meet the requirements of the Wetland Conservation Act. The Planner added these conditions for approval of the subdivision. Park Dedication Park dedication is required for new subdivisions. The City has the option to obtain park land or collect the fee in lieu of land ($3,000 per parcel). The property is not within a Park Search Area Manthey Acres Subdivision Staff Report Scandia City Council Page 5 October 17, 2017 identified in the Comprehensive Plan, so the City could propose to collect the park fee of $3,000 in lieu of land for the new parcels. The City Administrator requested that the City Attorney provide an opinion on whether park dedication should be required for one lot or two lots. The Attorney advised that the ordinance text requires park dedication for both new lots. Staff have proposed a condition that the subdivision shall meet the City’s park dedication requirement. The fee shall be paid before approval of the final plat. DETAILED EVALUATION OF THE VARIANCE REQUEST: The proposed location of the shared driveway does not meet the required setback from the wetland boundaries. The proposed location is 71’ from wetland basins 5 and 6 rather than the required 75’. 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. Applicants’ Rationale for the Variance The applicants identified the following practical difficulties that require a variance in order to construct a driveway to serve Lot 1 and Lot 2:  The property includes several wetlands.  The applicant has proposed a shared driveway in order to try to avoid or minimize impacts to the wetlands on the parcel.  It is not possible to locate the driveway for Lot 1 in a location on the parcel that would meet the wetland setback requirement WCD Review and Comments Jay Riggs, Washington Conservation District (WCD) Administrator, reviewed the wetland delineation report, and made the following comments regarding the requested variance: “Based on our field review, the wetlands are moderate to high quality, but a functions and values assessment was not completed. The proposed shared driveway location appears to be a Manthey Acres Subdivision Staff Report Scandia City Council Page 6 October 17, 2017 reasonable option for minimizing wetland impacts, and I do not have any concerns with regards to the Wetland Conservation Act.” Findings The following bullets present the Planner’s findings related to the Manthey 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: o The proposed residential use is permitted in the General Rural District, and a driveway is required to support that use. o There is no location on Lot 1 where a driveway could be located outside the required wetland setbacks. o The proposed shared driveway and its location will be in harmony with the goals and policies in the Comprehensive plan because the shared driveway and proposed location are not likely to have negative impacts on the wetlands where the setback will be reduced, and will minimize impervious cover in comparison to having two driveway locations.  The property owner proposes to use the property in a reasonable manner under the conditions allowed by official control(s). Single-family residences and driveways are reasonable uses in the GR District. The proposed use could not be developed without a driveway. The property owner proposes to use the property in a reasonable way, but cannot do so under the rules of the Development Code.  The practical difficulties are not caused by the landowner, and are unique to the property. The practical difficulties are caused by the locations of several wetlands on the parcel. It is not possible to develop a driveway on Lot 1 that would avoid impacts to all of these features.  The variance would not alter the essential character of the area. Granting the variance would not alter the essential character of the area. The applicants’ property is surrounded by parcels with single-family residences and vacant parcels.  Economic conditions alone shall not constitute practical difficulties. The practical difficulties are caused by the locations of the existing wetlands on the parcel, and are not related to economic conditions. Manthey Acres Subdivision Staff Report Scandia City Council Page 7 October 17, 2017  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 and will not increase congestion or endanger public safety. The proposed driveway location 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 shared driveway with a setback of 71’ from each of the wetlands is 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. Granting the variance will provide adequate access to direct sunlight for solar energy systems. PLANNING COMMISSION PUBLIC HEARINGS AND RECOMMENDATIONS The Planning Commission held a public hearing on the proposed subdivision at its meeting on September 5. One neighbor of the property asked several questions regarding the quality of the wetlands on the parcels, the proposed outlot, and required structure setbacks. Staff responded to the questions. The Commission asked the project surveyor about the distance between the wetland boundaries and proposed driveway. It was determined that the driveway did not meet the wetland setback requirements. The Commission tabled the request and requested the applicant to submit a variance request for the proposed driveway location. The Commission held a public hearing on the variance request at their meeting on October 3. A resident asked questions about the driveway drainage easements and proposed location of the septic system. The Planner responded that the City Engineer and County reviewed the easements and septic system location and provided comments and recommended conditions, which were included in the staff report. Council Member Kronmiller commented that he opposes granting variances, and questioned the rationale for granting this variance. He observed that the city seems to grant every variance requested. The Planner responded that she has generally followed the League of Minnesota Cities attorneys’ guidance materials regarding the interpretation of criteria for granting variances and the guidance of the city attorney, and that the staff recommendation is based on that guidance. The Commission discussed the issue and noted that the variance request is relatively minor and meets the criteria for granting a variance from their perspectives, and that the City’s staff screen variance applications and advise potential applicants about whether their proposed variance is likely to be recommended for approval or does not meet the criteria for variance approval, and advise applicants about changes that could be made to improve the request, so that applicants do not spend time and money applying for variances that are unlikely to be approved. Therefore the variance applications have been “screened” prior to submission Manthey Acres Subdivision Staff Report Scandia City Council Page 8 October 17, 2017 to the City, and those that do not meet the variance criteria do not come forward or are revised to better meet the criteria. The Planner noted that the City has recently granted several variances from the wetland setback requirement, and that this may indicate a need to review the requirement. She stated that in many communities, wetland setbacks or buffers vary based on the quality of the wetland, and low to moderate quality wetlands typically require buffers and setbacks that are less than 75’ wide. This reduces the likelihood that variances may be needed for structures located near low or moderate quality wetlands. The Planning Commission will review the wetland setback requirements as it develops the City’s updated Shoreland Ordinance. The Commission recommended approval of the subdivision and variance. ACTION REQUESTED: The Planning Commission can recommend the following: 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 the proposed minor subdivision of the property identified as Parcel 27.032.20.44.003 to create a new Lot 1, Lot 2, and Outlot A, as shown on the revised Preliminary Plat; and the Commission recommends that the City Council approve a variance to construct the proposed shared driveway at least 71’ from the delineated boundary of wetland basins 5 and 6 on Lots 1 and 2 respectively, with the following conditions: 1. The minor subdivision shall be in substantial compliance with the revised Preliminary Plat received by the City on September 6, 2017. 2. In order to provide a reasonable access to fire trucks and rescue vehicles, the applicant shall construct and the property owners shall maintain a minimum 12’ driveway surface that is capable of supporting emergency vehicle equipment. 3. The applicant or owners shall maintain a 16’ wide opening around the driveway by clearing the trees or shrubs as needed. 4. Any changes to drainage on the lots shall meet the requirements of the Minnesota Wetland Conservation Act. 5. The Plat shall be revised to add a 10’ wide drainage & utility easement just south of the Old Marine Trail road right-of-way across the entire proposed northern boundary of Lot 1, Lot 2, and Outlot A. The easement shall be dedicated to the City of Scandia. The proposed drainage easements should be adjusted accordingly. Manthey Acres Subdivision Staff Report Scandia City Council Page 9 October 17, 2017 6. The proposed private driveway easement should be adjusted up to the 10’ wide drainage & utility easement. 7. The proposed drainage easements should include separate descriptions for Lot 1, Lot 2, and Outlot A. 8. The applicant or future owners shall obtain a building permit(s) for any future construction on the parcels in the subdivision. All future construction shall comply with the Development Code. 9. The applicant or future owners shall obtain all required Watershed District permit(s) for proposed construction. 10. The applicant or future owners shall obtain a septic system permit from Washington County for any SSTS on Lots 1 and 2. 11. The park dedication fee of $3,000 per lot for Lots 1 and 2 shall be due before the approval of the Final Plat. 12. Outlot A shall not be required to remain a part of Manthey Acres. 13. The applicants shall record the plat within one year of the date when the minor subdivision is approved. 14. The applicants shall pay all fees and escrows associated with this application.