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5. Report on Martsching Variance 11.14.17 Memorandum To: Scandia Planning Commission Reference: 18605 Langly Court North Variance Request Copies To: Neil Soltis, City Administrator Brenda Ecklund, City Clerk Michael Laumann, Michael Paul Design & Build, applicant Bob and Jane Martsching, owners Project No.: 16322.019 From: Sherri Buss, RLA AICP, Planner Routing: Date: November 7, 2017 SUBJECT: Request for a Variance from the Required Setbacks from the OHWL and Roadway Right-of-Way to Construct a New Home MEETING DATE: November 14, 2017 LOCATION: 18605 Langley Court North APPLICANT: Michael Laumann, Michael Paul Design & Build 8959 Springwood Drive Woodbury, MN 55129 OWNER: Bob and Jane Martsching 18605 Langley Court North Scandia, MN 55047 ZONING: General Rural (GR) District and Shoreland Overlay District 60-DAY PERIOD: December 24, 2017 ITEMS REVIEWED: Complete application, survey, and supplemental information received October 25, 2017 18605 Langly Court North Variance Request Scandia Planning Commission Page 2 November 14, 2017 BRIEF DESCRIPTION OF THE REQUEST: The applicant is proposing to build a new home on a parcel at 18605 Langly Court North, within the Shoreland Overlay District of Big Marine Lake. The proposed home location would require a variance from the required setback from the Ordinary High Water Level (OHWL) of Big Marine Lake, and adjacent wetland, and right-of-way of Langley Court North. The area of the parcel includes 0.42 acres above the OHWL, 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, driveway and patio on the parcel at 18605 Langly Court North. Developing the home would include replacing the existing septic tanks in a new location, and adding a new well to serve the property. The southern side of the home is proposed to be located at approximately 50 feet from the OHWL and about 52 feet from an adjacent wetland. The proposed patio would be approximately 52 feet from the OHWL of Big Marine Lake. The new structure requires a variance from the 100-foot minimum setback requirement in the Shoreland District of Big Marine Lake, and a variance from the required structure setback from wetlands. The proposed home location also requires a variance from the required 40-foot setback from the roadway right of way for the house (proposed 11.65’ from ROW) and septic system (proposed to be approximately 20 feet from the ROW). The existing home is a nonconforming structure that is setback only about 26.76 feet from the OHWL. The home and existing paver areas are within the Shore Impact Zone (the area within 50 feet from the OWHL). The home is only about 5 feet from the northern lot line, and a minimum 10-foot setback is required. 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 require a variance from the setback requirement from the OHWL of Big Marine Lake, but will have a wider setback from the lake than the existing home, and will locate the structure, all impervious area and grading outside the Shore Impact Zone. The proposed home has been placed as close to the roadway right-of-way and northern lot line as possible to increase the distance from the lake and Shore Impact Zone, and therefore requires a variance from the right-of-way. The new home will also meet the setback requirement from the northern lot line. 18605 Langly Court North Variance Request Scandia Planning Commission Page 3 November 14, 2017 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 as it will improve the setback condition from the lake for the primary structure and related impervious areas,and will comply with the required setback from the parcel to the north. Development Code Requirements: Lot Size and Setbacks The applicants’ parcel includes 18,143 square feet above the OHWL (approximately 0.42 acres) 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:  Structure setback from the OHWL: 100 feet  Structure setback from unclassified water bodies (wetland): 75 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:  Structure setback from the OHWL: 50.03 feet (south) and 51.87 feet (east)  Structure setback from unclassified water body (wetland): 52 feet  Septic system setback from the OHWL: approximately 100’ (east) and 125’ (south)  Building setback from the side lot lines: 10 feet and approximately 45 feet  Building setback from the roadway ROW: 25.61 feet  Septic tank setback from the ROW: approximately 20 feet  Septic tank setback from the new well: approximately 60 feet The proposed home and septic system require a variance from the required setbacks from the OHWL, the wetland to the south of the property, and roadway right-of-way. Accessory Structures There are two existing accessory structures on the parcel. The certificate of survey indicates that the existing sheds will be removed. The Planner has included a proposed condition for approval that requires that the sheds be removed prior to approval of the building permit. Lot Coverage The Shoreland Overlay District permits up to 25% lot coverage. The surveyor calculated the proposed impervious cover to be 25%. The proposed lot coverage meets the impervious cover requirement of the ordinance. 18605 Langly Court North Variance Request Scandia Planning Commission Page 4 November 14, 2017 Building Height The maximum structure height permitted in the Shoreland Overlay District is 35 feet. The Planner requested that the builder provide a drawing shown the height of the proposed structure. He responded that “full building plans with the desired scale will cost the homeowners in excess of $10,000” and “they are applying for the variance to ensure that they know the foundation size and location that they have to work with to finalize the designs.” The proposed conditions for approval require that the structure meet the building height standard in the Development Code. The building height will be reviewed on the plans submitted for the building permit. Driveway Access The site plan includes a proposed driveway. The parcel has an existing driveway access to Langly Avenue North. The access meets City requirements. Wastewater Treatment and Well The applicant is proposing to replace the existing septic system with a similar system that will be connected to the City’s 201 System. The new home requires a new well. The new system will need to address City requirements for access to the 201 system. The City Administrator confirmed that there is capacity in the 201 system for the new hook-up for this property. The separation between the septic system and well meets the County SSTS ordinance requirements. The City Engineer’s comments on the variance application included the following:  If the house will be connected to the Bliss System, prior to finalizing improvements, the applicant should have their tanks inspected to identify any repairs that may be needed. (The City Administrator noted that the City is responsible for all maintenance of the tanks, so the City cannot require the owner to do this.)  The applicant should also anticipate replacing the service pipe from the tanks to the new house.  A note on the new house plan states “proposed well location”. The applicant needs to obtain all approvals for the well from the Department of Health The Planner included the Engineer’s proposed conditions for approval of the variance. Vegetation The existing and proposed surveys show that trees will be removed in and near the proposed home. The Shoreland Ordinance permits removal of trees and other vegetation for the construction of structures and sewage treatment systems under validly-issued building permits. Therefore, no replacement is required based on the ordinance. The variance may trigger the Watershed District’s buffer requirements. The City Engineer provided the following comments: 18605 Langly Court North Variance Request Scandia Planning Commission Page 5 November 14, 2017 · If the variance is granted, please suggest working with applicant on establishing some native plantings/buffer along the south property line and a portion of the southeast property line. · The existing fence is located within the right-of-way. I recommend removing or relocating it within the required setbacks if it will remain after construction of the new home. The Watershed District Administrator’s comments note that the District will require lakeside buffers as part of their permit approval. The Planning Commission should discuss the Engineer’s recommendation, and determine if it will include a condition that the applicant shall establish a buffer planting along the south property line and southeast property line, or recommend that the Watershed District consider this condition for the buffer plantings required by the District permit. Grading and Drainage The proposed home and patio location are very close to the Shore Impact Zone, which is the area within 50 feet from the OHWL of Big Marine Lake. The Shoreland Ordinance prohibits grading and filling within the Shore Impact Zone. The Engineer provided the following comment regarding site drainage:  The existing drainage along the right-of-way on the eastern side of Langly Court N currently drains across the driveway and southeast to the low area between the existing house/garage and existing sheds before discharging into the lake. To maintain existing drainage with the proposed driveway elevations the applicant will need to either install a driveway culvert and/or grade a swale along the northern property area to the lake. If project moves forward applicant will need to submit more detail/grading plan to address drainage concerns. The Planner has included the following conditions for approval to address the Engineer’s comment and provide protect for the Shore Impact Zone:  The applicant shall submit a detailed grading, erosion, and land alteration plan to the City for approval by the City Engineer.  The applicant shall survey and identify the boundary of the Shore Impact Zone on the project site. No grading, fill, or land alteration is permitted within this Zone. 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 a comment letter on behalf of the District that included the following comment: 18605 Langly Court North Variance Request Scandia Planning Commission Page 6 November 14, 2017 “The District is in favor of granting this variance as it increases the existing setback from the lake and the District’s permitting requirements will create additional stormwater management on the lot as well as lakeside buffers to mitigate any effects of the slight increase in hardcover and the remaining setback issues to the lakeside.” The proposed conditions for approval require the applicant to obtain all required Watershed District permits. 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’s rationale for the variance includes:  The new structure will be setback farther from the lake than the existing home on the property.  The new structure will meet the side setback requirements and the existing home does meet the setback requirement from the northern boundary.  The depth of the lot precludes development of a new structure on the property that meets all setback requirements. Variance Request and Findings The following bullets include the Planner’s findings related to request for a variance for the proposed home at 18605 Langly Court North. Each of the criteria is shown in italics: 18605 Langly Court North Variance Request Scandia Planning Commission Page 7 November 14, 2017  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 support the Shoreland Ordinance requirements in order to protect the quality of surface waters. Granting the variance will permit development of a new home on the parcel that will be set back farther from the lake than the existing home, and the new home and related impervious surfaces will be outside the Shore Impact Zone. Granting the variance from the roadway right-of-way setback will permit the structure to be setback as far from the lake as possible, which is the higher priority. The new structure will also meet the side setback requirements in the official controls, while the existing structure does not meet the requirement.  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 size and configuration of the existing parcel, which is not wide enough to permit development of a home without a variance, and the locations of the OHWL and wetland area on two sides of the parcel. The landowner did not create the practical difficulties.  The variance would not alter the essential character of the area. Granting the variance would not alter the character of the area. The existing homes on adjacent parcels are setback a similar distance from the lake as the proposed setback of the new structure.  Economic conditions alone shall not constitute practical difficulties. The practical difficulties are not related to economic conditions alone, but are caused by the size and configuration of the existing parcel and location of the OHWL and wetland on two sides of the parcel.  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. 18605 Langly Court North Variance Request Scandia Planning Commission Page 8 November 14, 2017 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 is the minimum action required to develop a home on the parcel. The new home is proposed to be located as far to the west and north as possible on the site to provide a wider setback from the lake than the existing home on the parcel and keep the structure and impervious surfaces outside the Shore Impact Zone.  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 November 14, 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 50 feet from the OHWL of Big Marine Lake to the south, 51 feet from the OHWL of the lake to the east, 52 feet from the wetland to the south, and 11 feet from the roadway right-of-way of Langly Court North. The variance permits the septic system to be located 20 feet from the roadway right-of-way. 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 dated October 23, 2017. 2. The applicants shall obtain a building permit for the proposed construction. 3. The applicant shall obtain any required County and City permits for the septic system replacement. 4. The applicant shall replace the service pipe from the tanks to the new home. 18605 Langly Court North Variance Request Scandia Planning Commission Page 9 November 14, 2017 5. The applicant shall obtain the required permit for the new well from the Minnesota Department of Health. 6. The applicant shall obtain all required Watershed District permits. 7. The building shall comply with the building height standard of the Development Code. 8. The applicant shall establish native buffer plantings on the site as required by the Watershed District permit. 9. The applicant shall remove the existing fence that is located within the right-of-way or more the fence to a location within the required setbacks from the property boundaries and right-of-way. 10. The applicant shall submit a detailed grading and drainage plan for approval by the City Engineer prior to approval of the building permit. 11. The applicant shall survey and identify the boundary of the Shore Impact Zone on the project site. No grading, fill, or land alteration is permitted within this Zone. 12. The applicant shall pay all fees and escrows associated with the variance application.