7.b)1) Staff Report-JessupVarianceCouncill 8 19 14Memorandum
To: Scandia City Council
Kristina Handt, City
Administrator
Copies To: David and Judith Jessu
Reference: Jessup Variance Application,
City of Scandia
Project No.: 15485.014
From: Sherri Buss, RLA AICP, Routing:
Planner
Date: August 11, 2014
SUBJECT: Jessup Variance Application
MEETING DATE: August 19, 2014
LOCATION: 18773 Layton Avenue North
Scandia, Minnesota
APPLICANTS: David and Judith Jessup
ZONING: General Rural (GR) District and Shoreland Overlay District
60 -DAY PERIOD: September 13, 2014
ITEMS REVIEWED: Application, Survey, Plans and Photos received July 15, 2014
BRIEF DESCRIPTION OF THE REQUEST:
The applicants are seeking to build a new single-family home with attached garage, new septic
system, and shed on the parcel at 18773 Layton Avenue North. Construction of the home,
septic system and shed in the proposed locations will require a variance for lot size, minimum
setback from the Ordinary High Water Line (OHWL) of Big Marine Lake and the setback from
the right-of-way of Layton Avenue North.
The applicant's parcel is approximately .3 acres in size. The property is located in the General
Rural (GR) District and Shoreland Overlay District of Big Marine Lake, which is classified as a
Recreational Development Lake.
An employee owned company promoting affirmative action and equal opportunity
444 Cedar Street, Suite 1500
Saint Paul, MN 55101
651.292.4400
tkda.com
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TKDA
Memorandum
To: Scandia City Council
Kristina Handt, City
Administrator
Copies To: David and Judith Jessu
Reference: Jessup Variance Application,
City of Scandia
Project No.: 15485.014
From: Sherri Buss, RLA AICP, Routing:
Planner
Date: August 11, 2014
SUBJECT: Jessup Variance Application
MEETING DATE: August 19, 2014
LOCATION: 18773 Layton Avenue North
Scandia, Minnesota
APPLICANTS: David and Judith Jessup
ZONING: General Rural (GR) District and Shoreland Overlay District
60 -DAY PERIOD: September 13, 2014
ITEMS REVIEWED: Application, Survey, Plans and Photos received July 15, 2014
BRIEF DESCRIPTION OF THE REQUEST:
The applicants are seeking to build a new single-family home with attached garage, new septic
system, and shed on the parcel at 18773 Layton Avenue North. Construction of the home,
septic system and shed in the proposed locations will require a variance for lot size, minimum
setback from the Ordinary High Water Line (OHWL) of Big Marine Lake and the setback from
the right-of-way of Layton Avenue North.
The applicant's parcel is approximately .3 acres in size. The property is located in the General
Rural (GR) District and Shoreland Overlay District of Big Marine Lake, which is classified as a
Recreational Development Lake.
An employee owned company promoting affirmative action and equal opportunity
Jessup Variance Staff Report
Scandia City Council Page 2 August 19, 2014
DETAILED EVALUATION OF THE VARIANCE REQUEST:
The applicants are requesting a variance to construct a new single-family home and related
structures on their property. The new home and shed will replace the existing home and shed
on the parcel. The property is relatively small in size, with a depth of 110 to 130 feet. It would
not be possible to construct a home on the parcel that meets the required setbacks from both
the OHWL and the road right-of-way of Layton Avenue. Therefore, the applicants are
requesting a variance from the lot size and setback requirements of the Zoning Ordinance
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, that areas around the lakes in
Scandia that do not meet the lot size and density standard, and that this will continue. 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
applicants indicate that the proposed structure locations will maintained the same setbacks from
the OHWL of Big Marine Lake as the existing structures on the parcel to avoid additional
impacts to the lake; and that they have worked with the Carnelian -Marine -St. Croix Watershed
District (CMSCWD) staff to identify locations for rain gardens on the property to manage the
additional stormwater that would result from the new construction.
The proposed use of the property is generally consistent with the goals of the Comprehensive
Plan for the General Rural District and Shoreland Overlay District.
Development Code Requirements: Lot Size and Setbacks
The applicant's lot is .3 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 Development Code permits
replacement of an existing building on a nonconforming lot without a variance if it complies with
all other provisions of the ordinance. However, because the proposed buildings require
variances from the setbacks required in the Shoreland District, the lot size also requires a
variance.
The required setbacks for structures (including septic systems) 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 applicant's proposed setbacks include the following:
The house and deck setback from the OHWL: 38 feet
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Jessup Variance Staff Report
Scandia City Council Page 3 August 19, 2014
The shed setback from the OHWL: 90 feet
The house/attached garage setback from the road right-of-way: 25 feet
The shed setback from the road right-of-way: 10 feet
The proposed septic tank setback from the road right-of-way: 5 feet
Minnesota Rule 7080.2150 requires that septic tanks be setback a minimum of 10 feet from the
roadway.
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, plus a shed with an area of 120 square feet or less. The parcel
includes an existing shed that is approximately 90 square feet in size. The applicants are
proposing to remove the existing shed to meet the lot coverage requirement. The applicants
are proposing to construct a new shed that will have a footprint of 168 square feet. The
ar000sed accessory structure meets the ordinance reauirement.
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.
Lot Coverage
The Development Code permits up to 25% lot coverage on the area above the OHWL in the
Shoreland Overlay District. The certificate of survey indicates that the proposed lot coverage is
25% of the lot area. The parcel would meet the coverage requirement with the proposed new
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Building Height
The maximum structure height permitted in the General Rural District is 35 feet. The proposed
height of the home is approximately 22.75 feet, based on the height definition in the
Development Code. The applicants indicated that the maximum height of the proposed shed
will be 22 feet above ground level (therefore a lower height based on the ordinance definition).
The proposed structures meet the height requirement.
Driveway Access
There is an existing parking area that provides access to the parcel from Layton Avenue. The
applicants are proposing to add a paved driveway for access to the new garage. The driveway
width and material meet the ordinance requirement and engineering standards.
The garage is proposed to be located only 25' from the roadway right-of-way. City staff
recommend that if the variance is approved, a condition be included to prohibit parking on the
Layton Avenue right-of-way from November 1 to April 30, to allow for snow -clearing, and
prevent potential property damage and future claims against the City.
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Jessup Variance Staff Report
Scandia City Council Page 4 August 19, 2014
Wastewater Treatment
The Planner sent a copy of the application to Pete Ganzel, Washington County Health
Department, for review and comment. Pete Ganzel provided comments in an email dated July
31. His comments noted that the new system should use the existing connection from the
lateral pipe to the main, without open trenching in the street. He noted that the applicants will
need to obtain a tank installation permit from Washington County. Tim Kieffer, Scandia's
Director of Public Works, indicated that Pete will inspect the new installation.
Minnesota Rule 7080.2150 requires that septic tanks be setback a minimum of 10 feet from the
roadway. The variance recommendations include a requirement that the setback for the septic
system meet the 10' requirement, rather than the 5' setback requested by the applicants.
The Planner included a condition that the applicants obtain the required septic system permit
from Washington County.
Stormwater Management
The Planner sent the application to the Carnelian -Marine -St. Croix Watershed District
(CMSCWD) for review and comment. The applicants have been working with the District to
locate and size rain gardens to manage the stormwater that will be generated by the increased
impervious surfaces that would result from the proposed construction. The Watershed District
comments regarding the application included the following:
The District is not in favor of granting such requests, but recognizes the difficulties of
complying with all zoning requirements on an existing lot.
The District will require a permit for this project that will necessitate at a minimum the
establishment of a shoreline buffer zone on the property as well as the construction of
stormwater BMP's (rain gardens) which will partially mitigate the effects of the variance.
The District would appreciate it if the City would add a CMSCWD Permit to any
stipulations for the variance if it is granted.
The Planner has added a proposed condition that the applicants shall obtain the necessary
Watershed District permit.
Vegetation Management/Landscape Plan
The Shoreland Ordinance requires no cutting or removal of trees over six (6) inches in diameter
within the required building setback, unless the trees are dead, diseased, or pose a safety
hazard, but exempts tree removal when required for construction of structures and sewage
treatment systems when a building permit is issued. The applicants propose to remove eight
total and trees, and four trees that are located within the 100' setback in order to construct the
structures, rain garden and septic system. The four trees within the setback are located near
the south property boundary. A significant number of trees will remain on the south boundary to
provide screening if the four trees are removed. The Shoreland Ordinance permits the removal
of trees for construction when a building permit is approved. The Zoning Ordinance does not
require tree replacement for single-family residential protects in residential zoning districts.
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Jessup Variance Staff Report
Scandia City Council Page 5 August 19, 2014
DNR Comments
The Planner sent the application to the DNR for review and comment. DNR staff had no
comments on the variance application.
CRITERIA FOR VARIANCES AND FINDINGS
Chapter 1, Section 6.0 of the Development Code and Minnesota Statutes 462.357 include the
criteria and required process for granting 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.
Applicants' Rationale for the Variance
The applicants noted the following in their rationale for the variance request:
The applicants are proposing to expand the home to permit year-round residence at the
property.
An attached garage will include storage for vehicles and other household items. The
storage shed will provide storage for maintenance of lawn and garden maintenance
equipment. The inside storage will protect the equipment and shield it from view.
The variances are required due to the small lot size. The depth of the lot (110-130 feet)
does not allow reasonable use without variances from the required setbacks from the
OHWL and road right-of-way.
The applicants have positioned the proposed structures to place them as close to the
roadway as possible, and minimize the intrusion into the setback from the OWHL and
potential impacts to the lake.
The structure setbacks will be similar to those of other structures in the area.
Findings
The Jessups are requesting a variance to construct a new single-family home with attached
garage, new septic system, and a new shed on their property. The proposed construction
requires a variance from the lot size requirement, and the required setbacks from the OHWL
and roadway right-of-way.
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Jessup Variance Staff Report
Scandia City Council Page 6 August 19, 2014
The following bullets present the Planner's findings related to the Jessups' 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 Big Marine Lake. The applicants are proposing
to place the new primary structure at the same distance from the lake as the existing
structure and as close to the road right-of-way as possible, to minimize new impacts to
the lake. The applicants propose to create rain gardens to manage stormwater from the
additional impervious surface that will be constructed on the parcel. The request is in
harmony with the general purposes and intent of the official controls.
The property owner proposes to use the property in a reasonable manner under the
conditions allowed by official control(s).
Single-family residences are permitted, and therefore reasonable, uses in the General
Rural District and Shoreland Overlay District. Garages are a typical accessory use on
residential properties, and are a necessity in Minnesota's climate. The City supports
accessory structures that provide storage for equipment and personal property, to
maintain the appearance of neighborhoods in Scandia. 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. The parcel depth does not
permit the development of a reasonably -sized single-family home on the parcel without a
variance from the setback requirements. The practical difficulties are not caused by the
landowner, and are unique to the property.
The variance would not alter the essential character of the area.
Other properties in the area include single-family homes and accessory structures with
similar or smaller setbacks from the lake and roadway. 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, which does not allow for
reasonable use permitted by the Zoning Ordinance without a variance. 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
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Jessup Variance Staff Report
Scandia City Council Page 7 August 19, 2014
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 replacement of the existing home with a new single-family home 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 location of the structures maintains the existing structure setback from the
lake, and places the structures as close to the roadway as possible to protect the lake.
The locations maintain a reasonable setback from the roadway right-of-way. The
proposed two-story structure allows for expansion within the impervious surface
requirement in the Development Code. The required 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.
The staff findings support granting the variance.
PLANNING COMMISSION PUBLIC HEARING AND DISCUSSION
The Planning Commission held a public hearing on the Jessups' variance application at its
regular meeting on August 7. The Commission received no written or verbal comments on the
application. Commission members ask about the need for tree removal to build the rain
gardens. Mr. Jessup noted that the trees need to be removed due to the impact of rain garden
and septic system construction on the root systems. The Planner also noted that rain garden
vegetation typically requires a full -sun condition. Commission members also asked about rain
garden maintenance when a parcel changes ownership. The City Administrator indicated that
the Watershed will monitor the rain gardens, and may require that future owners maintain the
gardens as part of the easement and permit.
The Commission recommended approval of the variance with the proposed findings and
conditions.
ACTION REQUESTED:
The City Council can recommend the following:
1. Approval
2. Approval with conditions
3. Denial with findings
4. Table the request
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Jessup Variance Staff Report
Scandia City Council Page 8 August 19, 2014
PLANNING COMMISSION RECOMMENDATIONS:
The Planning Commission recommends that the City Council approve a Variance to permit
construction of a new single-family home located a minimum of 38 feet from the OHWL of Big
Marine Lake and 25 feet from the roadway right-of-way of Layton Avenue North; to permit
construction of a shed a minimum of 80 feet from OHWL and 10 feet from the road right-of-way;
and to construct an on-site septic system a minimum of 10 feet from the roadway right-of-way
on the property at 18773 Layton Avenue North. The Commission recommends the following
conditions for the variance:
1. Development of the property shall be consistent with the plans submitted to the City on
July 15, 2014.
2. The applicants shall obtain a building permit from the City.
3. The applicants shall remove the existing shed before the City approves the building
permit for the garage.
4. The applicants shall obtain the required Watershed District permit.
5. The applicants shall obtain the required septic system permit from Washington County.
6. 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.
7. Parking shall be prohibited on the Layton Avenue North right-of-way between November
1 and April 30.
8. The Applicant shall pay all fees and escrows associated with this application.
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