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5.a Application for variance from setbacks for garage at 19235 Larkspur Memorandum To: Scandia Planning Commission Reference: Mulvehill Variance Request— 19235 Larkspur Copies To: Neil Soltis, City Administrator Brenda Ecklund, City Clerk Shannon M. Mulvehill, applicant Douglas and Elaine Smith, owners Project No.: 16622.001 From: Sherri Buss, RLA AICP, Planner Routing: Date: February 1, 2018 SUBJECT: Request for a Variance from the front and side-yard setbacks to construct a new garage MEETING DATE: February 13, 2018 LOCATION: 19235 Larkspur Avenue (PIDs 3003220440034 and 300322044036) APPLICANT: Shannon M. Mulvehill 750 Highway 95 North Bayport, MN 55033 OWNER: Douglas and Elaine Smith 19235 Larkspur Avenue Scandia, MN 55047 ZONING: General Rural (GR) District and Shoreland Overlay District 60-DAY PERIOD: March 16, 2018 ITEMS REVIEWED: Complete application, plans, and supplemental information received January 18, 2018 Mulvehill Variance Request Scandia Planning Commission Page 2 February 13, 2018 BRIEF DESCRIPTION OF THE REQUEST: The applicant is proposing to build a new garage on a property at 19235 Larkspur Avenue North, within the Shoreland Overlay District of Big Marine Lake. The property includes two parcels. The proposed garage location would require a variance from the required structure setbacks from the side lot line, roadway right-of-way, and the bluff and bluff impact zone. The area of the parcel includes 0.27acres 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 16’x20’ garage on the property at 19235 Larkspur Avenue North. The property (2 parcels) includes an existing home, shed, septic system and well, and driveway. The property includes steep slopes (approximately 30%) that occupy the eastern half of the property and an existing retaining wall and large trees. The applicant is proposing to place the garage approximately two feet from the southern property boundary and approximately 36 feet from the right-of-way of Larkspur Avenue North to avoid the slopes and existing structures on the parcel. The existing home is located 31.4 feet from the front property line and is therefore a nonconforming structure. The property is not located on Big Marine Lake, but the steep slopes on the property meet the definition of bluffs because they are located within the Shoreland area, rise at least 20 feet above the OWHL of Big Marine Lake, and drain toward the lake. The proposed garage location is adjacent to the bluff line, would require a variance from the bluff setback, and a variance from the requirement that there be no grading or disturbance within the bluff impact zone. In 2015, the adjacent property at 19225 Larkspur Avenue North requested a variance for a garage structure. In that case, the City recommended that a variance be granted to place the structure about 15’ from Larkspur Avenue North so that it could avoid the bluff impact zone and have a wider setback from the bluff line. 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. Residential accessory structures are permitted uses in the General Rural District, and the City has considered one- or two-car garages to be necessities in Minnesota’s climate for previous variance requests. The Comprehensive Plan includes goals to protect the water and related bluff resources in the City through enforcement of the City’s ordinances, including the Shoreland ordinance. Mulvehill Variance Request Scandia Planning Commission Page 3 February 13, 2018 The proposed structure is generally consistent with the policies of the Comprehensive Plan for uses in the General Rural and Shoreland Overlay Districts. The garage should be located as far from the bluff line as possible, and outside the bluff impact zone, to protect this resource. The setback from Larkspur Avenue North is less important than the setback from the bluff. Development Code Requirements: Lot Size and Setbacks The applicants’ parcel includes 0.27acres 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 the bluff line: 30 feet  Side setback (parcels less than 1 acre in size): 10 feet  Right-of-way setback: 40 feet The applicant’s proposed structure setbacks include:  Structure setback from the OHWL: approximately 300 feet  Structure setback from the bluffline: approximately 0 feet (within the bluff impact zone)  Structure setback from the side lot lines: 2 feet  Structure setback from the roadway ROW: 36 feet Staff recommend the following setbacks:  Structure setback from the bluff line: 20’ minimum (keeps the structure outside the bluff impact zone) but still requires a variance from the bluff line setback  Structure setback from the side lot line: 5’ to permit maintenance of the building  Structure setback from the roadway ROW: 15’ minimum The proposed garage requires a variance from the required setbacks from the bluff line, side lot line, and roadway ROW. It would not be possible to locate the garage on the parcel to meet all of the required setbacks given the size of the parcel and location of the bluff area. The proposed location places the garage as close as possible to Larkspur Avenue while permitting access to the garage from the driveway and avoiding the bluff impact area. The City has generally required a minimum 5’ setback from side lot lines for structures and driveways to permit maintenance without trespassing onto the adjacent property. The City approved a variance for a garage on the neighboring parcel (19225 Larkspur) that included a 4’ setback from the side lot line. The Planner has recommended that the Mulvehill garage be setback at least 5’ from the side lot line. The garage would straddle the 2 parcels that are included in the property. The proposed conditions require that the owner combine the parcels as part of the variance approval. Accessory Structures The Development Code permits one accessory building with a footprint of up to 720 square feet on parcels that are less than 1 acre in size, plus a 2-car garage. There is one existing small Mulvehill Variance Request Scandia Planning Commission Page 4 February 13, 2018 shed on the property that is less than 120 square feet in size. The proposed garage is within the ordinance standards. Lot Coverage The Shoreland Overlay District permits up to 25% lot coverage. The Planner calculated the proposed impervious cover to be approximately 17% of the property with the new garage. The proposed lot coverage meets the impervious cover requirement of the ordinance. Building Height The maximum structure height permitted in the Shoreland Overlay District is 35 feet. 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 an existing driveway access from Larkspur Avenue North. The access meets City requirements. Wastewater Treatment and Well The property has an existing septic system and well. Vegetation Construction of the new garage may require removal of existing trees near the driveway. 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. Grading and Drainage The Engineer provided the following comment regarding site drainage:  I have concerns about drainage being directed onto the neighbor’s property if a structure is built in the proposed location, especially considering the existing topography. I would require the garage to have gutters (larger gutter with leaf guards) and roof leaders to take drainage away from the adjacent property toward the west lot line. By placing the structure closer to Larkspur Avenue North and away from the bluffs, the drainage may be more easily directed toward the street. The Planner has included the Engineer’s recommendation to require gutters and roof leaders to direct drainage away from the adjacent property and toward Larkspur Avenue North. Mulvehill Variance Request Scandia Planning Commission Page 5 February 13, 2018 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: “CMSCWD has no specific comment on this variance request and the work as proposed will not require a Watershed District permit. DNR Comments The Planner sent the application to the DNR for review and comments. The Agency’s Area Hydrologist responded that the agency has no comments on the variance request. 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:  There is no location available for construction of the garage on the parcel without a variance.  A garage is necessary in Minnesota due to the harsh winters.  The side lot line and roadway right-of-way variances are requested to keep the garage as far as possible from the bluff area. 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: Mulvehill Variance Request Scandia Planning Commission Page 6 February 13, 2018  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 accessory structure 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 and related accessory 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 and bluff areas. Granting the side lot line and roadway right-of-way variance will permit development of a new garage on the parcel that will be set back as far from the bluff line as possible and outside the bluff impact zone, which is the higher priority.  The property owner proposes to use the property in a reasonable manner under the conditions allowed by official control(s). Single-family residences and related accessory uses 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 of the existing parcel, the location of the bluffs, and the locations of the existing structures and septic system on the parcel. The applicant 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 and garages 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 of the existing parcel, location of the bluff area, and locations of the existing structures on the parcel. A garage could not be constructed on the parcel to meet all of the setback requirements.  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. Mulvehill Variance Request Scandia Planning Commission Page 7 February 13, 2018  The requested variance is the minimum action required to eliminate the practical difficulty. The requested variance to permit the garage in the proposed location is the minimum action required to keep the structure outside the bluff impact zone while maintaining minimum setbacks from the roadway and the adjacent property.  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 February 13, 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 garage that is a minimum of 20 feet from the bluffline, 15 feet from the right-of-way of Larkspur Avenue North, and 5 feet from the side property line of the parcel located at 19235 Larkspur Avenue North. 1. The development of the parcel shall be consistent with the plans submitted to the City on January 18, 2018. 2. The property owner shall combine the two parcels (PID 3003220440034 and 300322044036) prior to issuance of the building permit for the garage. 3. The applicant shall obtain a building permit for the proposed construction. 4. The building shall comply with the building height standard of the Development Code. 5. The garage shall include gutters and roof leaders to direct drainage away from the adjacent property and toward Larkspur Avenue North. 5. The applicant shall survey and identify the boundary of the Bluff Impact Zone on the project site. No grading, fill, or land alteration is permitted within this Zone. 6. The applicant shall pay all fees and escrows associated with the variance application.