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.