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7.a)2) Staff Report-GacekVarianceCouncil 7 15 14 Memorandum To: Scandia City Councl Kristina Handt, City Administrator Reference: Gacek Variance Application, City of Scandia Copies To: Jeffrey Allen Gacek, applicant Project No.: 15485.008 From: Sherri Buss, RLA AICP, Planner Routing: Date: July 8, 2014 SUBJECT: Gacek Variance Application MEETING DATE: July 15, 2014 LOCATION: 12680 Scandia Trail North Scandia, Minnesota APPLICANTS: Jeffrey Allen Gacek 2629 South Shore Boulevard White Bear Lake, MN ZONING: Agriculture Core (AG C) 60-DAY PERIOD: September 4, 2014 ITEMS REVIEWED: Application, Sketch Plan, and Building Plans received May 7, 2014 BRIEF DESCRIPTION OF THE REQUEST: The applicant is seeking to build a detached garage on a parcel at 12680 Scandia Trail North. The proposed garage would be closer to Scandia Trail than the primary structure, and would be approximately 140 feet from the Scandia Trail right-of-way. The applicant’s parcel is approximately 10 acres in size. He also owns an adjacent 30-acre parcel. The property is located in the Agriculture Core (AG C) District. Gacekl Variance Staff Report Scandia City Council Page 2 July 15, 2014 DETAILED EVALUATION OF THE VARIANCE REQUEST: The applicant is requesting to add a detached garage near the home on his parcel. Locations that are close to the home and meet the ordinance requirement to be no closer to the road right- of-way than the principal structure are occupied by the septic system, drain field, well, and an existing barn. Locations further north on the parcel would require removal of existing mature trees that provide screening and shelter for all of the structures on the property. The applicant wants to maintain the traditional rural homestead appearance of the property, with buildings located in a “farmstead” cluster. The design for the proposed structure is traditional in appearance and materials. The proposed location for the garage is screened from Scandia Trail North by existing trees. Comprehensive Plan The Comprehensive Plan describes the Agriculture Core (AG C) District as an area where agriculture is the predominant use. Residential development compatible with agriculture is the secondary use in the area. The Comprehensive Plan includes goals to preserve the rural character and views in the City. The maximum density proposed in the Comp Plan is 4 units per 40 acres. The proposed use of the property is generally consistent with the goals of the Comprehensive Plan for the Agriculture District. The proposed location and design of the accessory structure are in keeping with the organization of a traditional farmstead and design of traditional accessory structures. The maintenance of mature trees and windbreaks is consistent with Plan goals to maintain rural views and character. Development Code Requirements: Lot Size and Setbacks The applicant’s lot is 10 acres in size. The AG C permits lots of 2 to 5 acres in size, or 20 acres and larger. The lot was created before the adoption of the current Development Code, and is therefore a nonconforming lot. The required setbacks in the AG C District include the following:  Front setback: 40 feet  Side setback: 20 feet  Rear setback: 50 feet The existing home and accessory structures meet the setback requirements. The proposed garage meets the structure setback requirement, but does not meet other location requirements for Accessory Structures. Accessory Structures The applicant has proposed a detached garage that is 671 square feet in size. The applicant has proposed locating the structure to Scandia Trail North than the principal structure, and therefore requires a variance. Gacekl Variance Staff Report Scandia City Council Page 3 July 15, 2014 The parcel currently includes four accessory buildings that total approximately 5900 square feet. The Development Code permits a total of 3 accessory structures (2 residential structures and 1 rural use structure) with a total area of 4,000 square feet. The Code also permits one detached garage up to 864 square feet in size in addition to the total permitted based on the lot size. The area of the proposed garage is 671 square feet. The Planner discussed the Code requirement with the Applicant. He indicated that he will combine the 10-acre parcel where the primary and accessory structures are located with the adjacent 30-acre parcel to create either 2 20-acre parcels or one 40-acre parcel. With the larger parcel size, the number and area of accessory structures would meet the ordinance requirement. The ordinance permits an unlimited number and area of agricultural accessory structures on parcels that are more than 20 acres in size. The Planner included a draft condition requiring that the applicant combine the 10 and 30-acre parcels so that the resulting lot(s) meet the ordinance requirements for the number and area of accessory structures. The proposed conditions include a condition that notes that the accessory structure may not be used as a dwelling unit or for commercial purposes, and that it may not be rented, leased or sold separately from the primary structure. Lot Coverage The Planner calculated the approximate area of impervious surface on the parcel using an aerial photo and building information provided by the applicant. The current impervious coverage on the 10-acre parcel is approximately 3% of the area of the parcel. It will remain approximately 3% with the addition of the new garage. The Development Code permits maximum lot coverage of 25% in the AG C District. The parcel meets the coverage requirement with the addition of the garage. Building Height The maximum structure height permitted in the General Rural District is 35 feet. The height of the proposed structure is approximately 16 feet, based on the definition of building height in the City’s Development Code. The proposed structure meets the height requirement. Wastewater Treatment The addition of the garage does not require changes to the wastewater treatment on the parcel. Stormwater Management The Planner sent the application to the Comfort Lake-Forest Lake Watershed District for review and comment. The District’s comments noted that the addition of the garage unlikely to trigger District Stormwater or Buffer requirements. If the project will move more than 200 CY of material or disturbing more than ¼ acre if within 1000-feet of a public water (or 1 acre if more than 1000 feet from a public water) they would need an erosion control permit. Landscape Plan No landscape plan is required for the site. Gacekl Variance Staff Report Scandia City Council Page 4 July 15, 2014 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 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 Statement of Practical Difficulties Findings The applicant is requesting a variance to place the garage in a location that is closer to the road right-of-way than the primary structure. His rationale includes the following:  He would like the garage to be close to the home.  Other locations close to the home are occupied by the septic system, drainfield, and an existing barn.  Placement of the garage further north of the home would impact mature trees that screen and shelter the buildings.  Existing trees will screen the new garage from view from the roadway. The following bullets present the Planner’s findings related to Mr. Gacek’s request for a variance, based on the statutory criteria for granting a variance. Each of the criteria is shown in italics:  Variances shall only be permitted when they are in harmony with the general purposes and intent of the official control. The Comprehensive Plan and Development Code support single-family residential uses in the Agricultural Core District. The Plan supports long-term agricultural use and the maintenance of rural views in the AG C District. The applicant is seeking to maintain the traditional farmstead organization and appearance of the property. The request is consistent with the general intent of the Comprehensive Plan. Gacekl Variance Staff Report Scandia City Council Page 5 July 15, 2014  The property owner proposes to use the property in a reasonable manner under the conditions allowed by official control(s). Single-family residences and accessory structures are reasonable uses in the General Agriculture Core (AG C) District.  The practical difficulties are not caused by the landowner, and are unique to the property. The practical difficulties are due to the placement of the existing home, septic system, drain field, barn and mature trees on the parcel. The difficulties were not created by the applicant.  The variance would not alter the essential character of the area. Other properties in the area include similar accessory structures, typically located in a cluster arrangement with the primary structure. Granting the variance would not alter the essential character of the area.  Economic conditions alone shall not constitute practical difficulties. The practical difficulties are related to the location of existing structures on the parcel, and the need to locate the garage close to the primary structure. The practical difficulties are not only economic in nature.  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, and will not increase congestion, endanger the public, or substantially diminish or impair property values in the neighborhood.  The required variance is the minimum action required to eliminate the practical difficulty. Granting the variance will provide a location adjacent to the home that will be set back approximately 140 feet from the right-of-way of Scandia Trail. The garage cannot be located on the north, west or east sides of the building due to the location of the existing septic system and drain field, existing barn, and well. A location further to the north would impact existing mature trees that screen and shelter the farmstead. The proposed location will be screened from views from Scandia Trail North by existing trees. Granting the variance is therefore the minimum action required to eliminate the practical difficulty.  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. Gacekl Variance Staff Report Scandia City Council Page 6 July 15, 2014 PLANNING COMMISSION PUBLIC HEARING AND DISCUSSION The Planning Commission held a public hearing on the application at its regular meeting on July 1, 2014. The Commission received no written or verbal comments on the variance request. The Commission discussed the request, and complimented the applicant on his efforts to design and locate the structure so that it fits the historic and rural character of the City. Commissioners requested that staff identify options to provide incentives to applicants that preserve or restore historic accessory structures. The Commissioners also noted that the proposed number and area of structures could be permitted on a 20 or 40-acre parcel. The Commission recommended approval of the variance request. ACTION REQUESTED: The City Council can recommend the following: 1. Approval 2. Approval with conditions 3. Denial with findings 4. Table the request PLANNING COMMISSION RECOMMENDATIONS: The Planning Commission recommends that the City Council approve the proposed variance from the required setback from the right-of-way of Scandia Trail North to permit construction of a garage a minimum of 140 feet from the right-of-way. The Commission recommends the following conditions for the variance: 1. Development of the property and the design of the structure shall be consistent with the plans provided to the City on May 7, 2014. 2. The applicant shall obtain a building permit from the City. 3. The existing screening shall be maintained between the garage and Scandia Trail North. 4. The applicant shall combine the 10-acre parcel where the garage will be located with the adjacent 30-acre parcel under the same ownership to create 2 20-acre parcels or one 40-acre parcel, before he submits the building permit application to the City. 5. The Applicant shall pay all fees and escrows associated with this application.