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7.b)2) TKDA Memo-Matt Variance Application _ �• .L. � `.i 444 Cedar Sheet,Suite 1500 j � ' Soint Paul,MN 55101 + I ' 651.292.4400 � tkdo.com � _ TKDA Memorandum To: Scandia City Council Reference: Matt Variance Applica#ion, Kristina Handt, City City of Scandia Administrator Copies To: Joseph and Kimberley Matt, Applicants Project No.: 15023.006 Fram: Sherri Buss, Planner Routing: Date: October 8, 2012 SUBJECT: Matt Application for Variance for an Accessory Structure MEETING DATE: October 16, 2012 LOCATION: 13440 182"d Street Scandia, Minnesota APPLICANT: Joseph and Kimberley Matt ZONING: General Rural (GR) District and Shoreland Overlay District 120-DAY PERIOD: November 13, 2012 ITEMS REVIEVIIED: Application, site plans, site photos and correspondence received July 13, 2012. Application form, City files and photos regarding previous permit request in 2007. Revised site plan dated October 3, 2012. The Planning Commission recommended denial of the Matt application on August 7, 2012. The Council tabled the appfication on August 21, and directed the appficants to revise the site plan to remove the existing deck, minimize the size of the storage structure, and obtain a survey of the property to confirm the actual structure distance from the OHWL of Big Marine Lake and the lot coverage with the proposed structure. The applicant submitted a survey with the revised structure plan on October 3, 2012. Based on the submittal, the Planner has revised the Findings and Conditions,and recommends approvaf of the requesti The revised sections are in Bold type, below. BRIEF DESCRIPTION OF THE REQUEST: The applicants have constructed a gazebo/shed within the required structure setback from the Ordinary High Water Level (OHWL) of Big Marine Lake. The applicants did not apply for the An emptoyee owned company promoting a�rmative acUon ond equa!opportunity Matt Variance Scandia Planning Commission Page 2 August 7, 2012 required zoning and building permits prior to constructing the gazebo/shed. They are requesting a variance from the required structure setback#or the existing structure. . Big Marine Lake is classified as a Recreational Development Lake. The 5horeland Ordinance requires a 100-foot structure setback from the OHWL. The Applicant estimates that the structure is 50 feet from the OHWL. • The revised plans dated October 3, 2012 show a 146 square-foot storage structure. The plans indicate that the existing deck will be removed. (This requirement is included in the proposed conditions.) DETAILED EVALUAT{ON OF THE REQUEST: Projecf and Site History 7he Applicants have constructed a gazebo/shed structure within the required structure setback from the OHWL.of Big Marine Lake without a zoning or building permit. The City issued a "Stop Work" order on June 5, 2012 because the applicants had not obtained the required permits. The City Administrator notified the applicants in a letter dated June 26, 2012 that their options to bring the property into compliance with the code included 1) entirely removing the structure and deck; or 2) applying for a variance. If the variance is approved, the City could issue a building permit for the structure. The applicants indicate that the gazebo/shed was constructed to replace a previous structure that existed in the same area. The structure was a nonconforming structure that was removed in 2007. There is no record of the size of the previous structure, its location, or the date when it was removed. Some remnants of the foundation of the structure existed after 2007, but they have been covered by erosion from the hillside and the decking cons#ructed for the new building. Photos of the previous structure and the new structure are included in the attachments to this report. The applicants suggest that the new structure was built on the footprint of the previous structure, but this cannot be confirmed based on the photos submitted. The applicants stated that the old structure was removed in 2007 under a permit to replace wall structures to address an erosion problem, and that the permit application included building the new structure. The Planner reviewed the application submitted on August 30; 2007. The application does not include any refe�ence to replacement of the previous shed structure. The application and attached plans indicate that the 2007 application was submitted for a projec##o "restore walkway path from residence to lake." The plans show proposed retaining walls, the existing stairs, and an area to be reclaimed by seeding, bu#do not show the previous or proposed gazebo/shed. City records include a zoning violation letter dated July 25, 2007 that indicates that the applicants began the 2007 work(grading and wall construction)without a permit, in violation of the zoning ordinance, Watershed District rules and State Rules. The applicant submitted the August 30, 2007 application to complete the grading and retaining wall construction in response to the enforcement action. , 7 ,. . Matt Variance Scandia Planning Commission Page 3 August 7, 2012 Comprehensive Plan The Comprehensive Plan indicates that the General Rural District includes areas of mixed lot sizes, and will continue to do so. Single family residential use is supported in the GR District. The plan recommends that the General Rural Area be developed at a maximum density of four dwelling units per 40 acres, with a minimum allowed lot size of 2 acres. The Comprehensive Plan also notes the existence of many sma{ier lots in areas of existing lakeshore development within the GR District, and that this pattern will continue in the areas of existing development around Scandia's lakes. Hawever, the Plan also includes goals and policies to"preserve, protect and enhance surface water quality in Scandia" and to "design new development and retrofit existing development to reduce the volume of runoff and polluted runoff." The Local Water Management Plan adopted with the Comprehensive Plan (Appendix E) includes Natural Resource policy 2.6 that states that the City will°Protect surface waters by enforcing State shoreland management regulations and the City's Shoreland Ordinance.r The location of the�azebo/shed is not consistent with the Comprehensive Plan qoals and policies to protecf water resources bv enforcina State shoreland manaqement requlations and the Citv's Shoreland Ordinance. The applicants have reauested a variance from the ordinance reauirements The plans for the qazebo/shed do not include erosion control and stormwater manaqement practices to minimize erosion and stormwater runoff from the new impervious surface. Nonconforming Sfructures 7he original structure near the shoreline of the property at 13440 182"d Street was a legal, nonconforming structure before it was removed. Chapter 1, Section 13.0 of the Development Code includes the regulations that apply to nonconforming structures. The foflowing sections apply to the applicanYs request: � Unless a building permit has been applied for within 180 days of when a property is damaged, no lawful noncanforming building or structure that has been destroyed or damaged to more than 50% of its market value (as indicated in the county assesso�s record at the time of the damage) may be restored, except in conformity with the regulations of this Chapter. • If a building permit has been applied far within 180 days of when the property was damaged, the City may impose reasonable conditions when issuing the permit in order to mitigate any newly created impact on adjacent property or water body. • Replacement of a lawful nonconforming building or structure may be undertaken, provided: o The alterations or replacement do not expand the building size o The aiterations or replacement do not change the building occupancy capacity, parking demand, or sewage treatment requirements. o The alterations or replacement do not increase the nonconformity of the building or use. The City's Shoreland Ordinance (Ordinance 107) includes requirements for deck additions on nonconforming sfructures. The deck must meet all of the following criteria: • The structure existed on the date the structure setbacks were established. ,i. .: I'' 1 ., I` Matt Variance Scandia Planning Commission Page 4 August 7, 2012 • A thorough evaluation of the property reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level s�tback of the structure. • The deck encroachment#oward the ordinary high water level does not exceed 15 percent of the existing setback of the structure from the ordinary high water level (OHWL) or does not encroach closer than 30 feet, whichever is more restrictive. • No deck on a nonconforming structure may exceed 10 feet in width. • The deck is constructed primarily of wood, and is not roofed or screened. • A certificate of compliance is obtained from the zoning administrator. The City's regulations are cansistent with Minnesota Statutes 462.357 requirements for the replacement of nonconforming structures. The s#atute includes additional requirements for nonconforming structures in the Shoreiand Overlay District: • Any nonconforming use may be continued (including, repair, replacement, restoration, maintenance, or improvement) but not expanded, unless the nonconforming use is destroyed to the extent of greater than 50 percent of its estimated market value, and no building permit has been applied for within 180 days of when the property was damaged. A municipality may impose reasonable conditions upon a zoning or building permit in order to mitigate any newly created impact on adjacent property or a water body. • When a nonconforming structure in the shoreland district with less than 50 percent of the required setback from the water is destroyed to greater than 50 percent of its estimated market value, the structure setback may be increased if practicable and reasonable condifions are placed upon a zoning or building permit to mitigate created impacts on the adjacent property or water body. City and State regulations that limit the property owners' ability to expand or replace nonconforming structures have been adopted to allow for a reasonable time limit to replace existing structures in the existing location and at the current size. The regulations limit expansion and replacement so that nonconformities are brought into conformance with the regulations over the fong term. A summarv of the issues related ta the reclulations reqardinc� nonconforminq struc#ures and the qazebo/shed structure at 13440 182" Street include the followinq: • The nonconforming structure on this site was removed before 2007. The applicants did not apply for a building permit to replace the structure within the 180-day limit required by the City's Development Code and State Statute. • There are no available records that show the size and location of the previous structure in relationship to the new structure. The new structure appears to be larger than the original structure. The location of the new structure does not appear to be within the footprint of the previous structure, and the locations of the two structures cannot be verified based on information that the applicants provided. • If a variance is granted for the structure, the City may chose to place additional conditions on the structure, such as increasing the size of the setback, requiring screening, or conditions related to stormwater management to mitigate for its impacts. � The deck encroaches more than 15% of the existing setback of the structure from the OHWL, and exceeds the size allowed for decks on nonconforming structures in the Shoreland Overlay District. 1 .,,,�: Matt Variance Scandia Planning Commission Page 5 August 7, 2012 � The applicant has nat established that there is no feasible location for the deck that is outside the required setback from the OHWL. The property has an existing patio area that has a similar functian as the deck adjacent to the home. • The applicants did not abtain the required Certificate of Compiiance for the deck before construction. The Planner discussed the issues related to nonconformities with the City Attorney. We recommend that the new structure not be considered a replacement fo�the previous nonconforming structure. We recommend that the structure be considered a new structure. The structure was built several years after the previous nonconforming structure was removed. Therefore, the new structure does not meet the statutory or code requirements that require that a building permit be obtained to replace a nonconforming structure within 180 days of its loss. References to the nonconformities issues have been removed from the findings and conditions. Lot Size The lot is approximately .35 acres in size. The lot is a lec�al, nonconformin4 lot in the General Rural District and Shoreland Overlav District. Setbacks The setback requirements in the Shoreland Overlay District of Recreational Development Lakes include structure setbacks of 100 from the OHWL. The applicants are reauestin4 a variance from the setback from the OHWL for the qazebo/shed. The applicant's sketch suggests that the structure is set back approximately 50 feet from Big Marine Lake, but does not indicate the location of the OHINL of the fake. Minnesota DNR staff indicated that the OHWL level of Big Marine Lake is 942.2 feet. They indicated that the location of the structure in relation to the OHWL needs to be verified with a survey. The water level of Big Marine Lake is generally lower than the official OHWL due to the level of the outlet structure. Therefore, the structure may be closer to the OHWL than suggested on the sketch. DNR staff indicated that a survey is nesded to identify the actual setback from the OHWL, and determine whether the structure impacts the floodplain of Big Marine Lake. The required structure setbacks in the Shoreland Overlay District include side yard setbacks of 10 feet for existing parcels that are 1.0 acre or smaller. The requirements for the General Rural District include a 50 foot rear setback. The sketch plan suqqests that the structure meets the side and rear setbacks The side setback in relation to the adjacent propertv boundarv has not been verified by a survev. The survev completed for the new plan indicates that the storage structure is located 24 feet from the OHWL of Bis� Marine Lake. The conditions require�that the existinq deck, which is 20 3 feet from the OHWL, be removed. The surveY verified that the structure meets the side and rear setback requirements. Maximum Lot Coverage The maximum allowed lot coverage in the GR Distric#and in the Shoreland Overlay District is 25%. The existing home, the gazebo/shed and deck structures total 1210 square feet, and �i 1 . i Matt Variance Scandia Planning Commission Page 6 August 7, 2012 cover approximately 8 percent of the lot. The applicanf did not show the existing driveway and patio on the original plan, so i# is not possible to determine the total existing impervious ' coverage on the lot. However, based on review of aerial�hotosLfhe Planner estimates that the lot coveraqe is within the ordinance reauirement. If a variance were aranted, the applicants sh�uld be required to submit a survev that includes all existinq impervious surfaces on the proqertv to verify the parcel's total impervious coveraqe as part of a buiidinq permit application. The survev indicates that if the deck is removed, the total lot coveraqe on the site will be 3,460 square feet, or 24.5%of the total area above the OHWL, including the 146 square- foot storaste structure. This meets the lot coveras�e requirement. A condition is included that the existinq deck must be removed to qrant the variance for the storaqe structure. The deck must be removed before the Citv will aparove a buildin� permit for the structure. Accessory Structures The zoning ordinance allows a maximum of one accessory structure up to 720 square feet in size on lots that are less than 1 acre in size, and an additional accessory structure that is 120 square feet or less in size. The existinq shed near the house is less than 120 square feet. The 9azebolshed structure meets this ordinance requirement. Building Height The maximum building heighf permitted in the General Rural District is 35 feefi. The Planner estimates that the building is approximately 12-13 feet in height based on the information submitted with the application. The buildinq meets the heiqht requirements in the zoninq ordinance. Wastewater System No new wastewater systems are proposed. Stormwafer Management and Land Alteration No grading plan was included in the app[ication. 7he Planner sent the Application to the Carnelian-Marine Watershed District and Minnesota DNR for review. Tha DistricYs comments and recommendations include: "The District does not support the granting of this variance for building within the shoreland setback. Per District Rules, the granting of this variance would trigger a buffer requirement and the building itself could be sited wifhin the buffer. We would require a registered surveyor's site plan with the ordinary high water mark delineated to evaluate the actual buffer requirement. In addition, the District recommends the owner supply hardcover calculations pertormed by a certified engineer to insure that the project does not require a variance for hardcover as well as setback. If the variance is approved, the project will require a District permit which should be made a condition of the variance.° 7 ,,, Matt Variance Scandia Planning Comrnission Page 7 August 7, 2012 7he District's letter also notes that: "The property owner had a pervious permit application with the Watershed District (#C07-010) to `Restore walkway path from residence to lake. Restore with pavers and sod.' This application remained incomplete since the District did not receive the requested fee and surety and was closed out after an inspection by the Washington Conservation District and CMSCWD. The plan provided to us at that time did not show either an existing shed or a new structure to replace it." The Planner will provide the revised pian to the CMSCWD. The conditions require that the appiicant obtain a permit from the CMSCWD, and provide a copy of the permit to the City• Landscape Plan No new landscaping is proposed or required. Agency Reviews and Comments The Planner provided copies of the application to the Carnelian-Marine Watershed District and Minnesota DNR. The Watershed DistricYs comments are noted above in the Stormwater Management section. Molly Shodeen, Minnesota DNR Central Region, noted that the building may be claser to the official OHWL (942.2 feet)than is shown on the sketch. Big Marine Lake is below the OHWL most of the time. Molly indicated that if the City decides to grant the variance, the applicant should be required to obtain a survey that shows the OHWL and the gazebo/shed, to determine the actual setback, and determine if there are any floodplain issues. The Planner reviewed the floodplain maps and �levations to determine potential impacts. The proposed structure is within the Flood Fringe District(FF}. 7he regulatory flood protection elevation in the FF district of Big Marine Lake is 943.0 feet. The City's Floodplain 0rdinance requires that the lowest floor elevation of accessory structure must be elevated so that the lowest floor elevation is at or above the regulatory flood protection elevation. The Planner has included a condition for approval of the variance that the lowest floor elevation of the structure must be at or above an elevation of 943.0 fee�. DETAILED DISCUSSlON OF THE VARIANCE REQUEST Ordinance 129 states that variances are allowed when the stnct enforcement of the Development Code would cause practical difficulties because of circumstances unique to the individual property under consideration. The criteria for granting a variance include the following: • The applicant proposes to use the property in a reasonable manner not permitted by the Development Code. • The plight of the landowner is due to circumstances unique to the property, not created by the iandowner. • The variance, if granted, will not alter the essential character of the locality. • The practical difficulties are not due solely to economic conditions. • The proposed variance will not impair an adequate supply of light and air to adjacent properties, substantially increase the congestion of public streets, or increase the danger i 1 ,. Matt Variance Scandia Planning Commission Page 8 August 7, 2012 of fire or endanger public safety, or substantially diminish or impair property values within the neighborhood. � That the requested variance is the minimum action required to eliminate the practical difficulty. • Practical difficulties include, but are not limited to inadequate access#o direct sunlight for solar energy systems. The applicant is requesting a variance fram the zoning requirements to permit the storage structure to remain within the required setback from Big Marine Lake. 7he applicants indicate that the practical difficulties that are the rationale for the variance request include the following: • The house is small and the property has no garage. The gazebo/shed is needed to provide storage that is not available in other structures on the property. • It is difficult to transport equipment and materials that are used in the beach area up and down the steep slopes between the areas above and below the bluff. . Without the structure, no storage is available in the beach area. Storage is needed to maintain the appearance of the shoreline area. FINDINGS—VARIANCE REQUEST The following bullets present the Planner's findings related to the Matts' request for a variance, based on the statutory criteria for granting a variance. 7he findings have been revised to reflect the changes made to the plans for the storage structure, and to indicate that the structure wi[I be considered a new structure, and not a replacement for the previous nonconforming structure. Each of the criteria is shown in italics: . Variances shal!only be permiffed when they are in harmony with the general purposes _ and infent of.the Q�cial control. _____ _ _ _ ___ _ _ _-- __ . _ __ _ 7he proposed use is consistent with the Comprehensive Plan's goals and poticies to allow single-family residential uses and related accessory uses in for the General Rural District and Shoreland Overlay District. • The property owner proposes to use the property in a reasonable manner under the condifions allowed by officia!contro!(s). Single Family Residences are permitted uses in the General Rural District, and accessory structures such as gazebos/sheds are permitted, subject to the other requirements of the development code. . The practical difficulties are not caused by the landowner, and are unique fo fhe praperty. The applicants indicated that the practical difficulties relate to the steep slopes on the site, and#he need to provide storage at the shoreline area rather than in a structure at the top of the slopes that would meet the setback requirementi The steep slopes on the property create difficulties in carrying equipment and materials used at the beach area up and down from the area at the top of the slope that is outside the required setback. There is no garage on the property, and the existing shed is small and located at the top of the steep slopes. Providing storage at the beach area will avoid the steep slopes and allow the applicants to maintain the appearance of the shoreline. i':". 1 ,:' Matt Variance Scandia Planning Commission Page 9 August 7, 2012 • The variance would not alter the essential character of the area. The surrounding area is developed with residential uses on a variety of lot sizes that include accessory structures near the shoreline. Granting the variance will not alter the essential character of the area. • Economic condifions alone shall not constitute pracfical diffrculties. The practical difficulties are retated to the location of the existing steep slopes on the property, and are not the result of economic conditions. • The proposed variance will n�t impair an adequate supply of lighf and air to adjacent propertiss, substantially increase fhe congesfion of public sfreets, or increase the danger of fire or endanger public safety, or substanfially diminish or impair properfy values within the neighborhood. The structure is will not impair the supply of light and air to adjacent properties, increase congestion, increase the danger of fire, endanger public safety, or substantially impair property values. . Thaf the requested variance is the minimum action required to eliminate fhe practica! difficulty. The requested variance is the minimum action required to eliminate the practical difficulties identifed by the applicant. The starage structure is relatively small, and the conditions require that the deck be removed. The structure is located as far from the OHWL as possible given the existing slopes. • Practical difficulties include, but are not limited fo inadequate access to direcf sunlight for solar energy systems. The proposed garage and driveway will not affect direct solar access for surrounding ---_ __ __ _ _ _ _prnperties_ _ _-- ACTION REQUESTED: The City Council should discuss the Variance request, and can recommend the following for the Variance request: 1. Approval 2. Approval with conditions 3. Denial with findings 4. Table the request PLANPIING STAFF RECOMMENDATIONS: The Planner recommends that the Council grant the proposed variance for the 146 square-foot storage structure located 24' from the OHWL of Big Marine Lake at 13440 182nd Street, based on the foflowing findings: 1. The proposed use is consistent with the Comprehensive Plan's goals and policies to allow single-family residential uses and related accessory uses in the General Rural District and Shoreland Overlay District ;,,, '� 1 Matt Variance Scandia Planning Commission Page 10 August 7, 2012 2. Single Family Residences are permitted uses in the General Rural District, and accessory structures such as gazebos/sheds are permitted, subject to the other requirements of the development code. Therefore, the property owner is proposing to use the property in a reasonable manner under the canditions allowed by the Zoning Ordinance. 3, The practical difficulties were not created by the landowner, and are related to the steep slopes on the property and difficuity of transporting equipment needed to maintain the shoreline area up and down the steep slopes. 4. The proposed use is consistent with the essential character of the surrounding General Rural District and neighborhood. 5. The practical difficulties are related to the topography of the site, and are not based solely on economic conditions. 6. The structure is will not impair the supply of light and air to adjacent properties, increase congestion, increase the danger of fire, endanger public safety, or substantially impair property values. 7. The requested variance is the minimum action required to eliminate the practical difficulties. 8. The storage shed wilf not affect direct so(ar access for surrounding properties. The Planner recommends the following conditions for the variance and conditional use permit: 1. The storage structure shall be in compliance with the site plan submitted to the _---- ---.__._ City on October 3, 2012. The variance allows a storage structure with a maximum total floor area of 146 square feet, and maximum height of 14 feet, set back 24 feet from the OHWL of Big Marine L.ake (942.0 feet). 2. The applicants shall remove the existing deck. 3. The lowest floor elevation of the structure shall be at or above an elevation of 943.0 feet. 4. The Applicants shall obtain a Building Permit from the City for the storage structure. The grading and erosion control p(an required for the buitding permit shall include the foll�wing practices: A. The Applicants shall maintain existing trees on the site. B. The stormwater runoff from the accessory structure shall be directed to adjacent vegetated areas. 5. The Applicants shall obtain the required Watershed District permit for storm water management and erosion control. 6. The Appticants shall pay all fees and escrows associated with this application. i ' "' ... � N�n/ � � CERTIFICATE OF SURVEY �P��a�-�� a _;� FOR: )OSEPH & KIMBERLY MATT ��' � �� ,, � PROJECT LOCATION: � 13440 182ND STREET NORTH �� . -, �l' -c`"s�� SCANDIA, MN ' x«a. a e Wr��v�Q zo' p� - �� $� b °�p � z a�.�� ' °�` / ap1 �4�aaa� w�.a �' c w��j"Y20k PIPE _ -a,a4 ��:� .., M «�y �/ or��or urr� 0 20 40 � � `�\ c w�a /�,, i � a. .a at �` . / /"o vT� '�`j �4A� �j wsa �Y.)1 n, � X M2.1 �� •91].9 P i � � *,�� SCALE: 1 INCH=20 FEET >b� � o a x Mv \ �. 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MONUMENT '�`�.��S, � � ! / 07� F a651 l�°�W�j'` '° _ �.q1�b"A ' O CATCH BASIN C a,v �,� � /�+ `,{ / K HYDRAN7 � '�x o� �o ',.�� v —oHl—OVERHEAD WIRE$ "��" /x ri •q�� mo� � � �0.P�y��` o MANHOLE �a�Q' i � � �" �§, GAS MEfER � �� ,Yl '�o' * rev d-/ c �FENCE �' i�FA. \ CONCAETE + a�°' �`�`' POUw 2' '�� / �� ' /' 120N PPE '�p WATER VALVE I / � � AT lAT o UTiLI7Y POIE ' t I r.-�. •. . _ �o�g-- -------------- _------ - - { _ _ ---�D...._._ __ �----Lr�afi_�ai�____ _------------- , � , ' � %� P� ., q�9 o UTILJTY BOX x a,,e � � � ;',r6 / x 983.o DENOTES EXtSTING ELEV. ""''0 � a00' a /� EXISTING CONTOURS F� V?' �. � �o,, � eeeaa o.2' tr,,;, � WES7 OF L01 '�.w-,��ti• yy„.7 �ys GORke2(NO NOTeS: "°�"`ti"` s�T� i. � A `9eoo/' � , ro�a46f3.�� 1. UIJDERGROUND Ul1i ITlES NOT LOCATED OR SHON?J w 2. FASFMENTS,IF ANY,MAY EXIST.THERE WAS NO � ` ° EFFORT MADE TO RESEARCH RECORDED OR � °p'3 � UNRECORDED FASEMEIYTS. 3. BEARINGS SHOWN ARE ASSUMED. � °r '9°" � � 4. THE IXISTING LEGAL DFSCRIPTIOPI WAS PROVIDFD BY �/ 0'`x"'a�5 \ � 7liE OWNER. THERE WAS NO EFFORT MADE TO / ROAo res, \ � RESFARCH OR SURVEY THE ADJOINING PROPERTIFS � 9B6H � � FOR GAPS AND OVERLAPS. ISfING IMPROVEMENT AREAS IN SQ.Ff. � AREA: HpUSE=905 � � DECK NOT INCWDED OVER PATIO=1 � 70TAL AREA TO O.H.W.=14,3 29 SQ.FT. SHED=99 TREEHOUSE�58 � � EXISTING LEGAL DESCRlPTION SOlTOM DECK-376 PAVERS AND WALLS=7,756 , � Suue#1 GRAVEL AND PAVER DRIVFWAY=131 6 Stll�weoer,�hv�65082 (as provlded by che owner) CONC.WALK=238 Phone 85127b.B989 Lo[8,NERBERT ENGQUIST SUBDMSION, TOTAL=3,630 SQ,FT. Pax 85/27s.B976 Washingion County,Minnesota. d�i PROPOSEO IMPROVEMENT AREAS IN SQ.FT. �"''reY HOUSf=905 '� CERTIFICATION: DECK NOT MCLUDED OVER PATIO=127 + SHED=99 1�ereby mrU(y Ih�t UJs�urvey,pl�n or rcpon wu preparM by me TREEHOUSE�58 undu my direct suoervicbn and that I am a d�N�K�ed lzna pAVFRS AND WALLS=7,756 surmor unde�the la�c orm at Minrw�oti. CRAVEL AND PAVFR DRIVEWAY=l 31 � REV.10-03-12 PROP.SHED �o��.wA�=23a C O R N E RSTO N E DANIFLL 6 SHED=146 �p✓DpD}{�� lhu�se.No. 25718 aze 9-20-12 TOTAL=3,4605Q.FT. LAN(7 SURVEYING, ING , �� v��ti�� l � � � � � � � N� 5--� �N • Sµ � e n � M�-�r � ' �, I�'u S� �-,� ��. � � �� v� � �rl „� Sa(tl. �: �Pt'�O (� sp�l1 6�7 �� / GR��' � D ` ��.,�o � � �1 Ant�A�. �t1�� n�j t� / � ` i � � � '&�� r RerArN rNb � � /� wA�u.s C� �� ` � � � � _ ----- ----��,-- _ ,.. --- �- --- ---- � T°s� � �, �� /� /� � � 1 l��+I i�� 1 1•`�a eT r M� w j �1�T CrRou�1 N6 �/RrF'�r On� 1 � � � 5 ,�O ��,c�1 _ __ _ _ .. � . . _ No� (�- I�L CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 10-16-21-04 APPROVING A VARIANCE FOR 13440 182ND STREET NORTH WHEREAS, Joseph and Kimberly Matt have made an application to permit an accessory storage structure at 13440 182"d Street North, and requested a variance from the zoning and Shoreland Overlay District standards that require that structures be located no closer than 100 feet from the Ordinary High Water Level (OHWL) of Big Marine Lake; and WHEREAS, the property is legally described as follows: Lot Eight (8), Herbert Engquist Subdivision, Washington County, Minnesota; and WHEREAS, the Planning Commission reviewed the request at a duly noticed Public Hearing on August 7, 2012, and recommended denial; and WHEREAS, the City Council reviewed the request on August 21, and tabled the request to allow the applicant to revise the proposed site plan and obtain a survey of the property; and WHEREAS, the Applicant submitted a revised plan dated October 3, 2012 that addresses the issues identified by the Planning Commission and the City Council; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does approve the variance to allow a 146 square-foot storage structure with a setback of 24 feet from the OHWL of Big Marine Lake as shown on the site plan submitted to the City of October 3, 2012,based on the following findings: 1. The proposed use is consistent with the Comprehensive Plan's goals and policies to allow single-family residential uses and related accessory uses in the General Rural District and Shoreland Overlay District. Resolution No.: 10-16-12-04 Page 2 of 3 2. The property owner is proposing to use the property in a reasonable manner under the conditions allowed by the Zoning Ordinance. 3. The practical difficulties were not created by the landowner, and are related to the steep slopes on the property and difficulty of transporting equipment needed to maintain the shoreline area up and down the steep slopes. 4. The proposed use is consistent with the essential character of the surrounding General Rural District and neighborhood. 5. The request is related to the topography of the site, and is not based solely on economic conditions. 6. The proposed variance will not impair an adequate supply of light and air to adjacent properties, substantially increase the congestion of public streets, increase the danger of fire or endanger public safety or substantially diminish or impair property values in the neighborhood. 7. The requested variance is the minimum action required to eliminate the practical difficulties. 8. The storage shed will not affect direct solar access for surrounding properties. FURTHER BE IT RESOLVED, that the following conditions of approval shall be met: 1. The storage shed shall be in compliance with the site plan submitted to the City and dated October 3, 2012. The variance allows an accessory structure that has a maximum floor area of 146 square feet, a maximum height of l 4 feet, at shall be set back at least 24 feet from the OHWL of Big Marine Lake (942.0 feet). 2. The applicants shall remove the existing deck from the storage structure. 3. The lowest floor elevation of the structure shall be at or above an elevation of 943.0 feet. 4. The Applicants shall obtain a Building Permit from the City for the storage structure. The grading and erosion control plan required for the building permit shall include the following practices: A. The Applicants shall maintain existing trees on the site. B. The stormwater runoff from the accessory structure shall be directed to adjacent vegetated areas. 5. The applicants shall obtain the required Watershed District permit for storm water management and erosion control. 6. The applicants shall pay all fees and escrows associated with this application. Resolution No.: ]0-16-12-04 Page 3 of 3 Adopted by the Scandia City Council this 16th day of October, 2012. Randall Simonson, Mayor ATTEST: Kristina Handt, Administrator/Clerk