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7.b iii) Report on resolution to approve variance from front yard setback for accessory building at 22331 Peabody TrRail N Memorandum To: Scandia City Council Reference: Maloney Variance Application Copies To: Neil Soltis, City Administrator Brenda Eklund, City Clerk Project No.: 16622.004 Sean and Ashley Maloney, applicants From: Sherri Buss, RLA AICP, Planner Routing: Date: April 9, 2018 SUBJECT: Maloney Variance Request for Placement of an Accessory Structure Closer to the Roadway than the Primary Structure MEETING DATE: April 17, 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. Maloney Variance Staff Report Scandia City Council Page 2 April 17, 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 proposed garage location is generally consistent with the goals of the Comprehensive 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. Maloney Variance Staff Report Scandia City Council Page 3 April 17, 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 Maloney Variance Staff Report Scandia City Council Page 4 April 17, 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). Maloney Variance Staff Report Scandia City Council Page 5 April 17, 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. Maloney Variance Staff Report Scandia City Council Page 6 April 17, 2018 PLANNING COMMISSION PUBLIC HEARING AND DISCUSSION The Planning Commission held a public hearing on the Maloney variance request at their meeting on April 3. The Commission received no written or verbal comments on the request. The Commission discussed the findings of their site visit, and whether there was another location on the parcel where the garage could be located to meet the dimensional requirements of the Zoning Ordinance, including a location behind the house. Commissioner Amundson noted that the applicants’ septic system is located behind the home, and it would be necessary to relocate a tank or add significant fill in order to locate the garage in an existing low area where it would be setback the required distance from the septic system. The Commission concluded that the proposed location is the best site on the parcel given the constraints of the topography and location of the septic system. They found that the existing trees between Peabody Trail North and building site provide sufficient screening for the structure. The Commission recommended approval of the variance with conditions. ACTION REQUESTED: The City Council can take the following actions for the variance request: 1. Approval 2. Approval with conditions 3. Denial with findings 4. Table the request PLANNING COMMISSION RECOMMENDATIONS: The Planning Commissions recommends that the City Council approve the variance to permit construction of the 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.