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7.b)5) Staff Report-Rodsjo VarianceCouncil 11 18 14Memorandum To: Scandia City Council Kristina Handt, City Administrator Copies To: Paul and Susan Rodsjo From: Date: SUBJECT: Sherri Buss, RLA AICP, Planner November 10, 2014 MEETING DATE: LOCATION: APPLICANTS: ZONING: 120 -DAY PERIOD Reference: Rodsjo Variance Application, City of Scandia Project No.: 15485.021 Routing: Rodsjo Variance Application November 18, 2014 21450 Pomroy Avenue North Scandia, Minnesota Paul and Susan Rodsjo General Rural (GR) District January 14, 2014 ITEMS REVIEWED: Application and Plans received September 13, 2014 BRIEF DESCRIPTION OF THE REQUEST: The applicants are seeking a variance to move an existing structure from the Village area in Scandia to their property for use as an accessory structure. The structure is the Hilltop Tower Barn. The applicants are requesting a variance from two requirements in the Development Code: 1) a variance to locate the building closer to the road right-of-way than the primary structure, and 2) a variance from the 35 -foot maximum height permitted in the General Rural District to preserve the existing height of the structure. The applicant's parcel is approximately 4.43 acres in size. The property is located in the General Rural (GR) District. DETAILED EVALUATION OF THE VARIANCE REQUEST The applicants are seeking to move the Hilltop Tower Barn from the Village area to their property. They propose to use the structure for personal storage of items such as cars, boats, An employee owned company promoting affirmative action and equal opportunity 444 Cedar Street, Suite 1500 Saint Paul, MN 55101 651.292.4400 tkda.com Mi TKDA Memorandum To: Scandia City Council Kristina Handt, City Administrator Copies To: Paul and Susan Rodsjo From: Date: SUBJECT: Sherri Buss, RLA AICP, Planner November 10, 2014 MEETING DATE: LOCATION: APPLICANTS: ZONING: 120 -DAY PERIOD Reference: Rodsjo Variance Application, City of Scandia Project No.: 15485.021 Routing: Rodsjo Variance Application November 18, 2014 21450 Pomroy Avenue North Scandia, Minnesota Paul and Susan Rodsjo General Rural (GR) District January 14, 2014 ITEMS REVIEWED: Application and Plans received September 13, 2014 BRIEF DESCRIPTION OF THE REQUEST: The applicants are seeking a variance to move an existing structure from the Village area in Scandia to their property for use as an accessory structure. The structure is the Hilltop Tower Barn. The applicants are requesting a variance from two requirements in the Development Code: 1) a variance to locate the building closer to the road right-of-way than the primary structure, and 2) a variance from the 35 -foot maximum height permitted in the General Rural District to preserve the existing height of the structure. The applicant's parcel is approximately 4.43 acres in size. The property is located in the General Rural (GR) District. DETAILED EVALUATION OF THE VARIANCE REQUEST The applicants are seeking to move the Hilltop Tower Barn from the Village area to their property. They propose to use the structure for personal storage of items such as cars, boats, An employee owned company promoting affirmative action and equal opportunity Rodsjo Variance Staff Report Scandia City Council Page 2 November 18, 2014 and lawn equipment. While the structure does not have an official designation as a historic structure, it likely qualifies as a "historic building" as defined in the Development Code: "A structure which has been identified by the Washington County History Network Inventory or the State Historic Preservation office and other undesignated structures such as residences and barns having public value due to its notable architectural or historic features relating to the cultural heritage of the community." The proposed location requires a variance, and the maintenance of the current height of the structure after it is moved to the new location requires a variance from the Development Code requirements. The variance requests and rationale for each are discussed in sections that follow. Comprehensive Plan The Comprehensive Plan describes the General Rural District as a residential area of mixed lot sizes. The Plan includes goals to preserve scenic, historic and natural resources whenever possible, and to maintain sensitivity to community character as expressed by historic buildings and other elements that are important to the City's residents. The proposed actions to add an accessory structure to a residential property and preserve a historic structure are 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 4.43 acres in size and exceeds the minimum lot size requirement in the General Rural (GR) District (2 acres). The required setbacks for structures in the General Rural District are the following: Minimum front setback: 40 feet Minimum side setback, lots 1.5 acres or larger: 20 feet Minimum rear setback: 50 feet The applicant's proposed setbacks include the following: Front setback: 250 feet Side setbacks: 85 feet and 203 feet Rear setback: 330 feet The proposed structure location meets the dimensional requirements for the General Rural District_ Accessory Structure Requirements The Development Code allows up to 2 detached accessory structures with a total area of 2,500 square feet on lots that are between 3 and 5 acres in size. The parcel has no existing detached accessory structures, and the proposed structure has a footprint of approximately 877 square feet The number and size of accessory structures meet the ordinance requirements. I Rodsjo Variance Staff Report Scandia City Council Page 3 November 18, 2014 The Development Code requires that no detached accessory structure shall be located closer to the road right-of-way than the principal building on a lot without a variance, unless the lot is 5 acres or larger, the structure will be set back at least 200 feet from the road right-of-way, and all setbacks are met. The proposed building location is closer to Pomroy Avenue than the principal building on a parcel that is 4.43 acres in size, and therefore requires a variance. The variance criteria and analysis are discussed below. Lot Coverage The Development Code permits up to 25% lot coverage in the General Rural District. The Planner calculated the lot coverage based on the aerial photos provided by the applicant. The current lot coverage is slightly less than 7% of the parcel, and it would be approximately 7.2% of the parcel with the addition of the accessory building. The parcel would meet the coverage requirement with the addition of the proposed building. Building Height The maximum structure height permitted in the General Rural District is 35 feet. The Hilltop Tower Barn is approximately 50.5 feet high. The proposed structure exceeds the maximum height permitted in the District. Driveway Access The applicants are not proposing a change in driveway access to accommodate the accessory structure. Wastewater Treatment The applicants do not need a change in wastewater treatment on the property to accommodate the structure. Stormwater Management The Planner sent the application to the Carnelian -Marine -St. Croix Watershed District (CMSCWD) for review and comment. The District Administrator indicated that the District has no comments, and supports the effort to preserve the structure. Vegetation Management/Landscape Plan The aerial photo submitted with the application shows the proposed location of the accessory building. The building will be screened from the roadway and adjacent parcels by existing vegetation in leaf -on condition. The applicants indicated that the trees are taller than the barn, and will screen the structure from view. They propose siding the building with pine lap siding, painted forest green with barn red trim. The Planner is not recommending additional landscaping or screening 1 Rodsjo Variance Staff Report Scandia City Council Page 4 November 18, 2014 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. Applicant's Rationale for the Variance The applicants provided the following rationale for the variance to permit the building to be placed closer to the roadway than the principal building: Placing the structure behind the house would place it on the highest point of their property, and would require the removal of multiple large trees. The structure would be more visible to neighbors to the west and north if the trees were removed and the structure placed behind the house. The septic system is located on the southwest back corner of the lot, and the septic tanks and lift system are located behind the house, so locations behind the house are not available. A seasonal brook runs during snowmelt and after heavy rains on the back side of the house. The applicant's rationale for the height variance includes the following: We wish to preserve the historic accuracy of the building, including the existing tower. The house is tall, and the structure will look proportional. The proposed location is about 6 feet lower than the house. The structure will be surrounded by trees that will screen the structure; it will be painted to blend with the woods. Findings The following bullets present the Planner's findings related to the Rodsjo request for a variance, based on the statutory criteria for granting a variance. Each of the criteria is shown in italics: 7 Rodsjo Variance Staff Report Scandia City Council Page 5 November 18, 2014 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 and related accessory uses in the General Rural District. The Comprehensive Plan supports the preservation of historic structures in Scandia, and the Hilltop Tower Barn is consistent with the definition of "historic structure" in the Code. The proposed variance is in harmony with the general purposes and intent of the Comprehensive Plan and Development Code. 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. 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 related to the location of the garage are created by the location of the existing home, septic system and intermittent stream on the parcel. The practical difficulties related to the building location are not caused by the landowner, and are unique to the property. The practical difficulties related to the height of the structure are not unique to the applicant's property. The same issues would occur on any parcel in the city where the structure would exceed the height permitted in the zoning district. The variance would not alter the essential character of the area. Other properties in the area include single-family homes and accessory structures. The structure will be setback 250' from the roadway, and will be screened by existing vegetation. However, the structure will be significantly taller than other structures in the area, and the vegetative screening is deciduous, and may not provide an effective screen during leaf -off seasons. Granting the location variance would not alter the essential character of the area, but granting the variance from the height standard may alter the character of the area. Economic conditions alone shall not constitute practical difficulties. The practical difficulties related to the proposed location of the structure are related to the location of the existing house, septic system, and an intermittent stream. The practical difficulties related to the height of the structure are related to goals to preserve its historic accuracy. The practical difficulties are not only economic in nature. MI Rodsjo Variance Staff Report Scandia City Council Page 6 November 18, 2014 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 that would allow placement of the accessory structure on the parcel will not impair the supply of light or air to adjacent properties, 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 for the proposed location of the structure meets the setback requirements, avoids the septic system and stream, and places the structure in a location that will be screened from the roadway and neighboring parcels. Granting the variance from the height requirement would preserve the historic accuracy of the structure. The proposed variance is the minimum action needed to move the building to the property and maintain its historic appearance. 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. Findings Summary and Recommendation for Ordinance Change The Planner's analysis suggests that the proposed location for the structure meets the variance criteria, but the request does not meet the criteria to grant a variance from the height requirement in the ordinance. The criteria require that the practical difficulties related to the variance request must be unique to the parcel. In this case, the same practical difficulties would be experienced on any parcel within the General Rural District or other districts in the City where the building would exceed the maximum height permitted. It would be difficult to grant a height variance based on the variance criteria. It is also not clear without some visual simulation whether the height of the proposed structure would affect the essential character of the area, given that it will exceed the height standard by 15 feet, and that much of the surrounding vegetation appears to be deciduous. The Commission heard public concerns about the visibility of an accessory structure and its "fit" with the character of the area during the review of the Schwinghammer Variance request (November, 2013), in the same neighborhood. The variance criteria are set in State Statutes, and cannot be modified by the City. However, the City could consider a change in its code so that a variance is not required to preserve historic buildings and structures that exceed the height regulations. The Planning Commission has recently expressed a desire to modify the Development Code to encourage the preservation of historic structures and rural character in Scandia. The Commission could recommend a change in Chapter 2, Section 3.1, Item (3)F related to the height of structures to permit historic buildings and structures to be exempt from the height requirement. The code section reads as follows: I Rodsjo Variance Staff Report Scandia City Council Page 7 November 18, 2014 "Height. No structure shall exceed the maximum height permitted for the zoning district in which it is located, except for church spires, chimneys, flag poles up to 45 feet in height, silos, and wind generators." The Commission could propose adding "historic buildings and structures" to the list of exempt structures, in order to support the goals in the Comprehensive Plan to preserve historic buildings and structures. Some of the structures listed, such as churches and silos, are historic structures that are related to the rural character and history of the community, so the addition of historic buildings and structures may be consistent with the intent of the exemptions granted in the code. If the application were tabled to permit the suggested change in the ordinance, a variance from the height requirement would not be needed. The Planner's analysis indicates that the variance for the location meets the criteria, and could be granted. PLANNING COMMISSION PUBLIC HEARING, DISCUSSION AND RECOMMENDATIONS The Planning Commission held a public hearing on this request at their October meeting, and received comments supporting granting the variance. The Commission agreed with the Planner's analysis that the findings do not support a variance from the height standard in the ordinance, and that a change in the ordinance was needed to permit the structure to be moved to the Rodsjo property. The Commission tabled the item at the October meeting, and requested that staff provide language for an ordinance amendment to permit historic structures and buildings to be exempt from the height standards in the ordinance for a public hearing at the November meeting. The Commission held the public hearing on the ordinance amendment at the November meeting, and received no negative comments on the proposed change to permit historic buildings to exceed the height standards. The Commission recommended approval of the ordinance change to the City Council, and then recommended that the Council approve the Rodsjo variance request to permit the building to be located closer to the roadway than the primary structure. 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 a variance to permit the Hilltop Tower Barn to be located approximately 250 feet from Pomroy Avenue, closer to the roadway than the primary structure, with the following conditions: 7 Rodsjo Variance Staff Report Scandia City Council Page 8 November 18, 2014 1. Placement and exterior finishing of the Hilltop Tower Barn shall be consistent with the plans, materials, and colors proposed in the application submitted to the City on September 13, 2014. 2. The applicants shall obtain a building permit from the City to move the structure. 3. The structure shall be used for personal or agricultural use only. No commercial use or commercial -related storage is allowed in the structure. 4. The Applicant shall pay all fees and escrows associated with this application. 7