5.a Report on Variance from front yard setback at 22331 Peabody Trail4214 r Street, 5vte 1500
Saint Paul, MN 55101
651 292.4400
lkda.com
TKDA
Memorandum
To: Scandia Planning
Commission
Copies To: Neil Soltis, City
Reference: Maloney Variance Application
Administrator
Brenda Eklund, City Clerk Project No.: 16622.004
Sean and Ashley Maloney,
applicants
From: Sherri Buss, RLA AICP, Routing:
Planner
Date: March 22, 2018
SUBJECT: Maloney Variance Request for Placement of an Accessory Structure
Closer to the Roadway than the Primary Structure
MEETING DATE: April 3, 2018
LOCATION: 22331 Peabody Trail North
APPLICANTS: Sean and Ashley Maloney
ZONING: General Rural (GR) District
60 -DAY PERIOD: April 21, 2018
ITEMS REVIEWED: Application and Plan received February 20, 2018
BRIEF DESCRIPTION OF THE REQUEST:
The applicant is requesting a variance to construct a new detached garage closer to the
roadway right-of-way than the principal building on the property. The property is located in the
General Rural (GR) District and is 9.7 acres in size.
DETAILED EVALUATION OF THE VARIANCE REQUEST:
The Development Code Chapter 2, Section 3.2, requires that "No detached accessory structure,
including storage sheds, shall be located closer to the road right-of-way in relation to the front lot
line than the principal building on a lot, unless the following conditions are met:
1. The parcel is located on a lakeshore.
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Maloney Variance Staff Report
Scandia Planning Commission Page 2 April 3, 2018
2. The accessory structure is located on a lot of five (5) acres or more and is placed at
least 200 feet from the road right-of-way; or
3. The accessory structure is located on a parcel that is less than five (5) acres in size and
is necessary to meet the Exterior Storage requirements of this Chapter.
The front lot line of the Maloney property is located along Peabody Trail North. The parcel is
9.7 acres in size, and the applicants propose to place the detached garage approximately 100
feet from the roadway right-of-way. The applicants' property does not meet the criteria identified
above, and therefore requires a variance to locate the garage in the proposed location.
The applicants are requesting a variance to place the garage closer to the roadway than their
home because the topography of the parcel and locations of existing structures limit the
potential locations for the garage. The septic system and well are located on the east side of
the home. The proposed location would limit tree removal and grading, and would permit the
owners to use the existing driveway to access the garage.
Comprehensive Plan
The Comprehensive Plan states that the General Rural (GR) District is a residential area of
mixed lot sizes. The intent of the district is to establish a rural residential area that meets the
Metropolitan Council requirement for rural communities that overall densities shall not exceed 1
housing unit per 10 acres. Residential accessory structures, including garages, are permitted
uses in the GR District. The Comprehensive Plan also includes goals to protect woodlands and
rural views along local roadways.
The or000sed aaraae location is aenerallv consistent with the aoals of the Comarehensive Plan.
Lot Size and Setbacks
The applicants' lot is approximately 9.7 acres in size, and exceeds the minimum 2.0 -acre lot
size permitted in the GR District.
The required setbacks from property lines in the GR District include the following:
• Front: 40 feet
• Side: 20 feet
• Rear: 50 feet
• Accessory buildings may not be placed closer to the roadway- right-of-way in relation to
the front lot line than the primary structure.
The proposed location of the structure requires a variance because the location is closer to the
roadway right-of-way than the primary structure.
Accessory Structures
There are no existing residential accessory structures on the parcel. The Development Code
permits up to 2 residential accessory structures with a total area of 3,000 square feet on the
parcel plus a detached garage up to 864 square feet in area. The proposed garage would have
a footprint of approximately 1550 square feet. The number and size of accessory buildings
proposed meets the ordinance requirement.
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Maloney Variance Staff Report
Scandia Planning Commission Page 3 April 3, 2018
Lot Coverage
The GR District allows up to 25% lot coverage by impervious surfaces.
The Planner calculated the lot coverage including the existing and proposed structures and
driveway, and the lot coverage would approximately 2% of the parcel with the addition of the
garage. The lot coverage meets the code requirement.
Structure Height
The applicants did not provide information about the height of the structure, and did not respond
to the Planner's email request for this information. The Development Code permits a maximum
structure height of 35'. The City will verify that the proposed garage meets the ordinance height
requirement when it reviews the building permit for the garage.
Wastewater Treatment
The proposed garage does not require additional wastewater treatment on the parcel.
Stormwater Management and Land Alteration
No alteration is proposed in the grades on the site. Construction of the garage may require a
grading permit, which would be coordinated with the building permit.
The Planner sent the application to the Carnelian -Marine -St. Croix Watershed District for
review. The Watershed District did not comment on the application.
Driveway/Access
The applicants will use the existing driveway to access the garage.
Landscape Plan/Screening
Existing trees provide screening for the garage from views from Peabody Trail North and
adjacent parcels.
The Planning Commission should review the existing screening and determine if additional
screening is needed to protect views from the roadway and adjacent parcels. The Planner has
proposed a condition for approval that the applicants shall maintain the existing screening along
Peabody Trail North, pending the Commission's recommendations.
The accessory structure section of the ordinance permits the city to require screening of
structures closer to the roadway than the primary structure if needed to protect views.
DETAILED DISCUSSION OF THE VARIANCE REQUEST
Chapter 1, Section 6.0 of the Development Code includes the criteria and required process for
considering variance requests. Variances may only be granted when the terms of the variance
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Maloney Variance Staff Report
Scandia Planning Commission Page 4 April 3, 2018
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 the proposed garage on their property:
• The topography on the parcel limits the potential location for the garage within a
reasonable distance from the primary structure.
• The proposed location will limit tree removal and grading, and will permit the use of the
existing driveway to access the garage. The City permits only one driveway access per
parcel.
Findings
The following bullets present the Planner's findings related to the Olson request for a variance,
based on the statutory criteria for granting a variance. Each of the criteria are shown in italics:
• Variances shall only be permitted when they are in harmony with the general purposes
and intent of the official control.
Granting the requested variance is in harmony with the purposes and intent of the
Comprehensive Plan and Development Code based on the following:
• The Comprehensive Plan and official controls permit residential uses in the General
Rural District, including accessory structures such as garages.
• The Comprehensive Plan includes goals to preserve woodlands and rural views.
The proposed location will limit tree removal and grading and the conditions for
approval require the maintenance of existing screening of views from Peabody Trail
North and adjacent parcels.
• The City's Engineering Standards permit only one driveway per parcel. The
proposed location will permit the applicants to use the existing driveway for access to
the garage.
• The property owner proposes to use the property in a reasonable manner under the
conditions allowed by official control(s).
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Maloney Variance Staff Report
Scandia Planning Commission Page 5 April 3, 2018
Single Family Residences and their accessory structures, including detached garages,
are reasonable uses in the GR District.
The practical difficulties are not caused by the landowner, and are unique to the
property.
The practical difficulties are caused by the topography of the parcel and the locations of
the existing septic system and well that limit the potential locations for the garage within
a reasonable distance from the home. The conditions were not created by the
landowner.
• The variance would not alter the essential character of the area.
The applicants' property is heavily wooded and surrounded by wooded parcels that
include accessory buildings. The woodlands on the applicants' parcel and nearby
parcels will screen the proposed garage from view from the Peabody Trail North and the
adjacent parcels. Granting the variance would not alter the essential character of the
area.
• Economic conditions alone shall not constitute practical difficulties.
The practical difficulties are caused by topography of the parcel and the locations of the
existing septic system and well, which limit the potential locations for the garage within a
reasonable distance from the home. The difficulties are not related solely to economic
conditions.
• The proposed variance will not impair an adequate supply of light and air to adjacent
property, or substantially increase the congestion of the public streets, or increase the
danger of fire, or endanger the public safety, or substantially diminish or impair property
values within the neighborhood.
The proposed variance will not impair the supply of light or air to adjacent properties.
The addition of the garage will not increase congestion or endanger public safety. The
proposed garage location is well -screened by existing trees, and will not impair property
values in the neighborhood.
• The required variance is the minimum action required to eliminate the practical difficulty.
Construction of the proposed detached garage in a location approximately 100 feet from
the roadway right-of-way in a location that is screened from view from the roadway and
adjacent parcels and that permits use of the existing driveway to access the garage is
the minimum action needed to eliminate the practical difficulty.
Practical difficulties include, but are not limited to, inadequate access to direct sunlight
for solar energy systems.
Granting the variance will provide adequate access to direct sunlight for solar energy
systems.
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Maloney Variance Staff Report
Scandia Planning Commission Page 6 April 3, 2018
ACTION REQUESTED:
The Planning Commission can recommend the following:
1. Approval
2. Approval with conditions
3. Denial with findings
4. Table the request
PLANNING STAFF RECOMMENDATIONS:
The Planner recommends that the Planning Commission approve the variance to permit
construction of the proposed detached garage in a location that is a minimum of 100' from the
right-of-way of Peabody Trail North, with the following conditions:
1. The applicants shall construct the building consistent with the plans submitted to the City
on February 20, 2018.
2. The applicants shall obtain a building permit for the garage.
3. The garage shall not include a dwelling unit unless it meets the standards for Accessory
Dwelling Units in the City Code. The garage may not be rented, leased, or sold
separately from the sale of the primary single-family dwelling.
4. The garage shall be used for personal use or agricultural use only. No commercial use
or commercial storage use is allowed in the garage.
5. The applicants shall maintain the existing trees and screening along the Peabody Trail
North.
6. The Applicant shall pay all fees and escrows related to this application.
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