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7.a)3) Staff Report-WilliamsVarianceCouncil 7 15 14 Memorandum To: Scandia City Council Kristina Handt, City Administrator Reference: Williams Variance Application, City of Scandia Copies To: Rusty and Kim Williams, applicants Project No.: 15485.009 From: Sherri Buss, RLA AICP, Planner Routing: Date: July 8, 2014 SUBJECT: Williams Variance Application MEETING DATE: July 15, 2014 LOCATION: 22723 Nolan Avenue North Scandia, Minnesota APPLICANTS: James (Rusty) and Kim Williams ZONING: Agriculture Core (AG C) 60-DAY PERIOD: September 10, 2014 ITEMS REVIEWED: Application, Certificate of Survey, aerial photos received May 12 BRIEF DESCRIPTION OF THE REQUEST: The applicants are seeking to build a storage shed on a parcel at 22723 Nolan Avenue North. They are proposing to locate the structure 10 feet from the side parcel boundary rather than the 20 feet required by the ordinance, and are therefore requesting a variance. The applicants’ parcel is approximately 6.5 acres in size. The property is located in the Agriculture Core (AG C) District. The Certificate of Survey submitted with the application identifies the applicants’ parcel—Parcel B. Parcel C is owned by the neighbor to the south. DETAILED EVALUATION OF THE VARIANCE REQUEST: The applicants are requesting a variance to add a storage shed near the existing home and garage on the parcel. The shed will store a plow and other outdoor equipment that is currently Williams Variance Staff Report Scandia City Council Page 2 July 15, 2014 stored outside. The potential locations for the shed that are accessible to the existing driveway are limited by the location of wetlands, required wetland buffer setbacks, and septic system. The applicants wish to use the existing driveway apron to access the shed to allow for easy plow access to the driveway. The applicants prefer that the shed be separate from the house because they cannot match the siding for the shed to the existing siding of the house. The applicants note that the shed will be screened from view from the adjacent home to the south by the pole barn on that property. There are also some existing trees along the parcel boundary. 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 proposed use of the property is generally consistent with the goals of the Comprehensive Plan for the Agriculture District. Development Code Requirements: Lot Size and Setbacks The applicant’s lot is 6.5 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 proposed location for the structure is 10 feet from the side parcel boundary, and therefore requires a variance. The request is analyzed in sections that follow. Accessory Structures The Development Code allows 2 non-agricultural accessory structures up to 3.000 square feet in size on parcels between 5 and 10 acres in size, plus one detached garage up to 24’x36’. There are no existing detached accessory buildings on the parcel. The proposed building is 20’x20’ (400 square feet) in size. The total number and size of structures proposed meets the ordinance requirement. The structure is proposed to be closer to Nolan Avenue North than the existing home, but the lot is greater than 5 acres in size and the structure would be located more than 200 feet from the road right-of-way, and therefore the location meets the ordinance requirement. Williams Variance Staff Report Scandia City Council Page 3 July 15, 2014 Lot Coverage The Planner calculated the approximate area of impervious surface on the parcel using an aerial photo and information provided by the applicant. The current impervious coverage on the 6.5-acre parcel is approximately 13% of the area of the parcel. It will remain approximately 13% 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 applicant stated that the height of the proposed structure is approximately 13 feet (ten feet ground level to bottom of eaves, and 16 feet from ground to roof peak), 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 proposed building. The Planning Commission should discuss whether additional screening for the structure should be required. 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 Williams Variance Staff Report Scandia City Council Page 4 July 15, 2014 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 applicants’ rationale for the reduced side setback is as follows:  The shed should be adjacent to the existing driveway, since it will store the plow equipment and best address snow removal in front of the driveway  Other potential locations close to the driveway are occupied by the wetlands, wetland buffers, and septic system.  The neighbors will not be able to view the shed in the proposed location because the view is blocked by a large pole barn.  They prefer that the shed be separate from the house because they cannot match the siding of the house.  The shed is needed to provide storage for the plow and other personal property that are currently stored outside. The following bullets present the Planner’s findings related to the Williams’ 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 request is consistent with the general intent of the Comprehensive Plan.  The property owner proposes to use the property in a reasonable manner under the conditions allowed by official control(s). Single-family residences and related accessory structures are reasonable uses in the 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 location of the existing driveway, home, wetlands, wetland setbacks, and septic system. The difficulties are unique to the property and were not created by the applicant.  The variance would not alter the essential character of the area. Williams Variance Staff Report Scandia City Council Page 5 July 15, 2014 Other properties in the area include similar accessory structures. 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, septic system and wetlands on the parcel, and the need to locate the storage structure close to the existing driveway and outside the wetland and buffer areas. 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 permit a location adjacent to the home and driveway. The structure cannot be located north of the driveway (where a 20’ setback could be achieved) due to the location of wetlands and the required 75’ buffers. Other locations on the south side of the driveway would require a greater variance from the setback requirement. The proposed location will be screened from view from the neighbors’ home by a large pole barn. The required variance will provide a 10’ setback, and is 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. PLANNING COMMISSION PUBLIC HEARING AND DISCUSSION The Planning Commission held a public hearing on the Williams’ application at their regular meeting on July 1, 2014. The Commission received no written or verbal comments on the variance request. The Commission reviewed their findings at the site visit, and noted that the proposed location of the shed is far off the roadway, and will not be an imposition on the neighbors or public. Commissioners noted that there is a narrow parcel adjacent to the William’s side lot line that is unlikely to be developed, and will provide additional separation from the neighboring property. The Commission recommended approval of the variance based on the findings. ACTION REQUESTED: The City Council can recommend the following: Williams Variance Staff Report Scandia City Council Page 6 July 15, 2014 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 20-foot side setback to permit construction of an accessory structure a minimum of 10 feet from the side parcel boundary. The Commission recommends the following conditions for the variance: 1. Development of the property shall be consistent with the plans provided to the City on May 12, 2014. 2. The applicant shall obtain a building permit from the City. 3. The Applicant shall pay all fees and escrows associated with this application.