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.