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7.a)4) Staff Report-Olson Variance Memorandum To: Scandia City Council Kristina Handt, City Administrator Reference: Olson Variance Application, 23269 Lofton Court North, City of Scandia Copies To: Rodney and Susan Olson, applicants Project No.: 15485.010 From: Sherri Buss, RLA AICP, Planner Routing: Date: July 8, 2014 SUBJECT: Olson Variance Application MEETING DATE: July 15, 2014 LOCATION: 23269 Lofton Court North Scandia, Minnesota APPLICANTS: Rodney and Susan Olson P.O. Box 270055 Vadnais Heights, MN 55127 ZONING: General Rural (GR) District and Shoreland Overlay District 60-DAY PERIOD: September 11, 2014 ITEMS REVIEWED: Application, Survey, and Plans received May 13, and revised survey received June 19, 2014 BRIEF DESCRIPTION OF THE REQUEST: The applicant is seeking to build a new garage and driveway on the parcel at 23269 Lofton Court North. The proposed garage location requires a variance from the setback from the road right-of-way and from the existing and proposed septic system. The applicant’s parcel is approximately .44 acres in size. The property is located in the General Rural (GR) District and Shoreland Overlay District of Bone Lake, which is classified as a Recreational Development Lake. 23269 Lofton Court 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 and a driveway to the parcel. The garage location is limited by the location of the existing home, slopes, the existing septic system, and the need for a back-up septic location. The applicants are proposing that they be allowed to maintain the existing driveway, which provides the only access for trucks to serve the well on the parcel. The sections that follow discuss the criteria and rationale for granting a variance related to this application. Comprehensive Plan The Comprehensive Plan describes the General Rural District as a residential area of mixed lot sizes. The Plan states that overall density in the District should meet the Metropolitan Council requirement of no more than 1 housing unit per 10 acres, but acknowledges that there are a significant number of existing smaller parcels in the District. The Comprehensive Plan includes goals to protect the water resources in the City through enforcement of the City’s ordinances, including the Shoreland Overlay District ordinance. The proposed garage meets the structure setback requirement and lot coverage requirements of the Shoreland Overlay District, but it does not meet the setback requirements from the roadway and existing septic system. The proposed use of the property is generally consistent with the goals of the Comprehensive Plan for the General Rural District. Development Code Requirements: Lot Size and Setbacks The applicant’s lot is .44 acres in size and is therefore a nonconforming lot in the General Rural (GR) District and Shoreland Overlay District. The GR District permits lots of 2 acres and larger in size, and the Shoreland District requires that lots on Recreational Development lakes conform to the minimum lot size of the underlying zoning district. The lot was created before the adoption of the current Development Code, and is therefore a nonconforming lot. The required setbacks for structures in the Shoreland Overlay District are the following:  Structure setback from the OHWL: 100 feet  Side setbacks: 10 feet for lots that are less than 1.0 acres in size  Setback from the right-of-way line of a public street: 40 feet The County’s septic system ordinance (Chapter 4 of the Zoning Ordinance) requires that septic systems be setback of 10’ from structures. The proposed garage would be 15’ from the right-of -way of Lofton Court North, and approximately 5’ from the existing drain field and proposed location for a back-up drain field. The proposed location requires a variance, which is discussed in sections below. Accessory Structures The Development Code allows 1 accessory structure on lots that are less than 1 acre in size, with a total size of 720 feet. The existing parcel includes a small shed (8’x10’) and an existing 23269 Lofton Court Variance Staff Report Scandia City Council Page 3 July 15, 2014 fish house that is less than 160 square feet in size, and therefore is not included in the calculation of accessory structures. The proposed garage is 24’x24’, or 576 square feet in area. The applicants will need to remove the existing shed to comply with the accessory structure standards in the ordinance. The Planner has included the requirement to remove the shed in the proposed conditions. Accessory structures may not include a dwelling unit, and may not be rented, leased, or sold separately from the rental, lease or sale of the property. The Planner has included this requirement as a proposed condition for granting the variance. The plan shows a retaining wall structure extending into the roadway right-of-way. The top of retaining wall is proposed to be at-grade. The Planner has proposed a condition that no structures are allowed above-grade within the right-of-way. Lot Coverage The Development Code permits up to 25% lot coverage in the Shoreland Overlay District. The parcel coverage would be 24.1% with the addition of the proposed garage and driveway. The parcel would meet the coverage requirement with the additional coverage proposed on the survey. Building Height The maximum structure height permitted in the General Rural District is 35 feet. The proposed height of the garage is approximately 22 feet, based on the height definition in the Development Code. The proposed structure meets the height requirement. Driveway Access There is an existing driveway on the parcel, and the applicants are proposing to add a second driveway that would access the middle level of the new garage. The City’s Engineering Standards state that one access is allowed per residential property. The applicants indicated that they are requesting the second driveway for the following reasons:  The applicants anticipate using the cabin more frequently in the future, after retirement. The existing driveway has a steep slope, and is difficult to use, particularly in the winter. The new driveway to the middle garage level would provide the primary car access to the property, to avoid the use of the steep slopes on a regular basis.  The existing driveway will continue to be needed to provide occasional truck access to the well (north of the house) for repair or maintenance.  The applicants would also use the existing driveway and a new access proposed on the plan to the lower level of the garage to permit boat and equipment storage in the lower garage level. This would be occasional use.  Pete Ganzel had suggested that the 2-story garage approach was preferred so that the garage could be constructed on a slab, rather than with extensive fill, as the fill could impact the existing drain field. The applicants decided that the resulting basement level could be used for storage, while the primary car access to the garage would be at the roadway level. 23269 Lofton Court Variance Staff Report Scandia City Council Page 4 July 15, 2014  The garage design includes stairs from the middle level to the lower level. This will allow the applicants to use an inside stairway to go from the garage to the house level, rather than outdoor stairs or steep slopes.  The multi-level garage plus driveways meets the lot coverage requirement, and covers less area than a larger garage that would provide storage for a boat as well as cars. The Planning Commission should review the proposed driveways and site situation on the site visit, and provide a recommendation regarding whether an exception should be made to the Engineering Standard that permits only one driveway access in this case. The applicants will need to seek an access permit for the new driveway with the building permit. The Development Code allows the City Administrator to determine the appropriate location, size and design of such access drives, and the Administrator may limit the number of access drives based on safety and traffic concerns. City staff recommend that if the new driveway is permitted, parking will be prohibited on the Lofton Court right-of-way from November 1 to April 30. The new driveway is proposed to be 26’ in width. The Planner has included a condition that the width of the driveway shall be reduced to 24’ in width to meet the Engineering Standard. Wastewater Treatment The Planner sent a copy of the application to Pete Ganzel, Washington County Health Department, for review and comment. Pete reviewed the initial survey, and noted a concern that the garage location appeared to cover the only potential area on the parcel to provide a back-up septic system to the existing drainfield, and that this is required by the County’s septic system ordinance. The applicants revised the location of the proposed garage, to provide the space needed for a back-up septic location. The location is shown on the revised survey, attached. Pete Ganzel provided the following comments on the revised plan: “There appears to be some area reserved for a replacement sewage system. While useable, this area will require removal of the existing shed, variance to the proposed new structure setback (already being requested for the existing system) and will likely be classified as a Type III system because of non-standard mound geometry and base excavation. Type III systems require a monitoring and mitigation plan which would be followed if the system was installed. I have scanned a drawing of a possible mound configuration using the area. A 1-foot excavation is shown on the south end of the rock bed with 1 foot of fill on the north end.” (Drawing is attached.) Pete noted that the proposed 5’ distance between the proposed garage and the existing drain field is not a concern, because the garage (other than footings) will not extend below grade, and therefore construction of the garage will not affect the function of the drainfield. (The surveyors identified the approximate location of the existing drainfield on the plan with three small squares connected with a dotted line.) The Planner included a condition requiring removal of the existing shed, and revised the variance to include a variance from the separation between the garage and mound. The conditions require that the applicants obtain the required septic system permit from the County for the proposed system. 23269 Lofton Court Variance Staff Report Scandia City Council Page 5 July 15, 2014 Stormwater Management The Planner sent the application to the Comfort Lake-Forest Lake Watershed District for review and comment. The District’s comments included the following:  The project will not trigger District stormwater or buffer requirements.  If the applicants will move more than 200 cubic yards of material or disturb more than ¼ acre they will need an erosion control permit from the District.  If the project does not trigger a District permit, the District strongly encourages that the City require appropriate erosion control given the location close to the lake. The Planner has added a proposed condition that the applicants shall obtain the necessary Watershed District permit, and a second condition that the applicants obtain an administrative permit for Grading and Erosion and Sediment Control. Landscape Plan The addition of the garage does not require a landscape plan. DNR Comments The Planner sent the application to the DNR for review and comment. DNR staff asked if the City requires a CUP for a second story. The Planner explained the recent changes to the Accessory Structure performances standards that eliminated the CUP requirement. DNR staff had no other comments on this application. 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. 23269 Lofton Court Variance Staff Report Scandia City Council Page 6 July 15, 2014 Applicant’s Rationale for the Variance The applicants noted the following in their rationale for the variance request:  The proposed location is the only viable location for a garage on the site. The location meets the setback requirements from the OHWL and side setbacks. The existing slopes and structures and need for a back-up septic system location create a significant challenge for locating a garage on the parcel.  An attached garage that would meet the setback requirement from the roadway right-of- way is not feasible due to the location of the septic tanks and retaining wall for the drain field.  The applicants believe that they need to keep the existing driveway to provide truck access for the well. Findings The Olsons are requesting a variance to place the garage in a location that encroaches into the setback the roadway right-of-way, and a variance from the required setbacks for the existing and back-up septic systems. The following bullets present the Planner’s findings related to the Olson’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 General Rural District and Shoreland Overlay District. The Plan and code support protection of water resources including Bone Lake. The proposed garage meets the setback requirements from the OHWL of Bone Lake and the lot coverage requirement in the Shoreland District. The proposed garage location will not impact the function of the drain field, and provide a location for a required back-up septic system. The request is in harmony with the general purposes and intent of the official control.  The property owner proposes to use the property in a reasonable manner under the conditions allowed by official control(s). Single-family residences are reasonable uses in the General Rural District. Garages are a typical accessory use on residential properties, and are a necessity in Minnesota’s climate. The proposed use is reasonable under the conditions allowed by the Development Code.  The practical difficulties are not caused by the landowner, and are unique to the property. The practical difficulties are created by the size of the parcel, and the location of the existing home and septic system. The practical difficulties are not caused by the landowner, and are unique to the property. 23269 Lofton Court Variance Staff Report Scandia City Council Page 7 July 15, 2014  The variance would not alter the essential character of the area. Other properties in the area include garages. 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 size of the parcel, location of the existing home and septic system. 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. The proposed garage location is the maximum distance from the road right-of-way that will not impact the existing drain field. The proposed location includes a potential location for a back-up septic system. Granting the requested variance 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 Olsons’ application at their regular meeting on July 1, 2014. The Commission received no written or verbal comments on the variance request. The Commission discussed several issues related to the request:  The Commission asked about the proposed condition that no parking be allowed on the Lofton Court right-of-way from November 1 to April 30. The Commission asked if this is requirement is a response to City policy. Administrator Handt explained that since the garage is so close to the right-of-way, there is a need for notice to the owners that parking is prohibited in the right-of-way during winter months for snow clearing, to prevent property damage and future claims against the city.  The Commission recommended a revision to the condition regarding structures in the right-of-way.  The Commission discussed the need for a grading and erosion control permit, given proposed grading and construction close to the lake.  The Commission asked about how the area of accessory structures is calculated based on the ordinance—does the calculation include the footprint only, or the area of the 23269 Lofton Court Variance Staff Report Scandia City Council Page 8 July 15, 2014 second story combined with the first story? Staff will review past decisions, and provide a response at the next Planning Commission meeting. The Commission recommended approval of the variance with revised conditions. 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 to permit the construction of a garage a minimum of 24’ from the right-of-way of Lofton Court North and a minimum of 5’ from the existing septic system and proposed back-up system location. 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 June 19, 2014. The applicants shall modify the plan to reduce the width of the new driveway to 24 feet or less, and so that no structures are located above-grade within the roadway right-of-way. 2. The applicants shall obtain a building permit and driveway permit from the City. 3. The applicants shall remove the existing 8’x10’ shed before the City approves the building permit for the garage. 4. The applicants shall obtain a Grading and Erosion and Sediment Control permit from the City. 5. The applicants shall obtain the required Watershed District permit. 6. The applicants shall obtain the required septic system permit from Washington County. 7. The garage shall not include a dwelling unit, and shall not be rented, leased, or sold separately from the rental, lease or sale of the property. 8. Parking shall be prohibited on the Lofton Court North right-of-way between November 1 and April 30. 9. The Applicant shall pay all fees and escrows associated with this application.