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4.a) Staff Report-WeidallVariancePC4 1 14 Memorandum To: Scandia Planning Commission Kristina Handt, City Administrator Reference: Weidall Variance Application, City of Scandia Copies To: Quinn and Lily Weidall, applicants Project No.: 15485.005 From: Sherri Buss, RLA AICP, Planner Routing: Date: March 24, 2014 SUBJECT: Weidall Variance Application MEETING DATE: April 1, 2014 LOCATION: 18190 Olinda Trail North Scandia, Minnesota APPLICANTS: Quinn and Lily Weidall ZONING: General Rural District and Shoreland Zone 60-DAY PERIOD: May 9, 2014 ITEMS REVIEWED: Application, Plan and supporting materials received March 10, 2014 BRIEF DESCRIPTION OF THE REQUEST: The applicants are seeking to build a home and a detached garage on the parcel they own on Big Marine Lake. The proposed plan would require a variance for lot coverage and a variance from the Development Code requirement that accessory structures shall not be located closer to the roadway than the principal structure. The parcel requires an unusually long access driveway that provides access to Olinda Trail North for three properties—the applicant’s parcel, a parcel owned by the City of Scandia (location of a community septic system) and access for a parcel to the north. The applicants’ parcel is approximately 1 acre in size. The property is located in the General Rural (GR) District and within the Shoreland Zone of Big Marine Lake, a Recreational Development Lake. Weidall Variance Staff Report Scandia Planning Commission Page 2 April 1, 2014 DETAILED EVALUATION OF THE VARIANCE REQUEST: Background The applicants own a long, narrow parcel that is slightly less than 1 acre (41,136 square feet) in size. The parcel is within the Shoreland Overlay Zone of Big Marine Lake and the City’s General Rural District. The parcel is 52’ wide at its widest point, and only 12’ wide at the east portion surrounding the driveway. It is approximately 1348 feet in length. The lot is an existing, nonconforming lot, and the driveway, a house, shed and garage currently exist on the parcel (shown on the Certificate of Survey). The driveway that provides access for this parcel also provides the access for a neighboring parcel to the north, and provides access for the City of Scandia to the 201 community septic system that services the area. The neighbor to the north has an easement for access to his property, but the City does not have an easement for access to parcel where the septic system is located. The applicants are requesting a variance from the lot coverage requirement to allow development of a new home and accessory building on the parcel. They are also requesting a variance to locate the detached garage closer to Olinda Trail North than the principal structure. The lot is less than 5 acres in size, and therefore a variance is required for the proposed placement of the detached garage. The next sections analyze the request based on the City’s Development Code requirements. Comprehensive Plan The Comprehensive Plan indicates that the General Rural District includes areas of mixed lot sizes, and will continue to do so. Single-family residential uses are supported in the GR District. The plan recommends that the General Rural Area be developed at a maximum density of four dwelling units per 40 acres, with a minimum allowed lot size of 2 acres, but acknowledges that many non-conforming lots will continue to exist in lakeshore areas. The Shoreland Overlay District also permits single-family residences and the development of a single-family home on a nonconforming lot in the Overlay District. The City’s Comprehensive Plan and Shoreland Overlay District include goals and policies to protect the City’s water resources, including limits on lot coverage. The proposed development of the parcel would exceed the lot coverage permitted in the Shoreland Overlay District. The proposed coverage is related to the unique configuration of the parcel, and the need for a lengthy driveway to access the portion of the lot that provides a wide enough location for a home and accessory structure. A driveway is necessary in order to develop the single-family use permitted on the parcel. The driveway provides the access for three parcels, and if the applicants did not permit this access to the other parcels, the impervious surface area overall for the three lots would be increased to provide individual access to each parcel. This issue is discussed further in the analysis of lot coverage in this report. Weidall Variance Staff Report Scandia Planning Commission Page 3 April 1, 2014 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 that allow single-family residential uses in the Districts. The proposed lot coverage for the driveway requires a variance. A driveway is essential to the single-family use of the parcel. The applicant, Carnelian-Marine Watershed District, and Planner have proposed conditions to address the potential impacts of the larger area of impervious coverage to Big Marine Lake. Development Code Requirements: Lot Size and Setbacks The applicants’ lot includes slightly less than one acre (41,136 square feet). The General Rural District requires a minimum lot size of 2.0 acres, and the Shoreland Overlay District requires that existing lots on Recreational Development lakes meet the lot size requirements of the underlying district. The lot was created before the adoption of the current Development Code, and is therefore a nonconforming lot. The required setbacks in the Shoreland Overlay District for Big Marine Lake (a Recreational Development Lake) include the following:  100-foot structure setback from the Ordinary High Water Level (OHWL)  75-foot sewage treatment system setback from the OHWL  Right-of-Way Line of a Public Street: 40 feet  Side setback, parcels 1.0 acre or less: 10 feet The proposed home is setback approximately 180’ from the OHWL, and both of the proposed structures exceed the required setback from Olinda Trail. The proposed house and garage meet the side setback requirements. The driveway does not meet the side setback requirements, but is an existing, nonconforming use and may therefore be continued in its current location and at its current size. A portion of the existing driveway is located within an easement on an adjacent parcel. The lot size and driveway location do not meet the ordinance requirements, but are permitted as a nonconforming lot and use. The applicant’s plan meets the setback requirements for new structures. Accessory Structures The Development Code allows one non-agricultural accessory structure up to 720 square feet in size on lots less than 1 acre in size, and one detached garage up to 24’x36’. The site plan proposes a detached garage that is 600 square feet in size, and no other accessory structures. The structure is located closer to Olinda Trail North than the principal structure, and the lot is less than five acres in size; therefore the proposed placement of the detached garage requires a variance. The proposed plan requires a variance from the accessory structure requirements. Lot Coverage The Shoreland District allows impervious coverage up to 25% of the area of the parcel that is above the Ordinary High Water Level (OHWL). The certificate of survey includes a calculation of the existing and proposed coverage on the parcel. The calculation indicates that there are currently 9,602 square feet of coverage on the parcel, and that this is 23.3% of the area above the OHWL. Weidall Variance Staff Report Scandia Planning Commission Page 4 April 1, 2014 The survey also includes a calculation of the proposed lot coverage. The proposed lot coverage includes the following:  Bituminous driveway and sideway areas 4,951 square feet (SF)  Gravel surface 3,733 SF  Proposed detached garage 600 SF  Proposed house, attached garage, deck and stoop 1,957 SF TOTAL 11,241 SF Percent impervious 27.3% The applicants note the following related to impervious coverage in the application:  The parcel’s unique shape and length create the need for the long driveway. The length of the driveway is the key factor contributing to the amount of impervious coverage indicated on the plan.  The driveway serves three properties. If each property needed to create an individual access, the impervious surface in the area would be increased greatly.  The applicants are willing to incorporate rain gardens to minimize the impacts of impervious surface to Big Marine Lake.  A portion of the driveway (718 feet in length) drains toward Olinda Trail rather than toward the lake.  The proposed house is modest in size, and is proposed as a two-story structure to minimize impervious coverage.  The detached garage is permitted in the ordinance, and is needed to store a variety of equipment related to the lake location and property maintenance inside. The City has indicated a preference for inside storage of equipment to maintain a neat property appearance.  The area of the proposed driveway is 32 square feet less than the existing driveway area. The applicants are utilizing the existing driveway as much as possible. The width of the driveway at the bottom of the sloped area is necessary to allow vehicles to turn around safely before going uphill. The driveway is designed to direct water to areas away from the structures on the applicants’ parcel and the neighbors’ parcel. Impervious cover calculations for driveway and proposed structures The Planner completed some calculations based on the Certificate of Survey to compare the total amount of impervious surface created by the driveway areas and the proposed structures:  The gravel and bituminous driveway areas on the parcel occupy approximately 76% of the total lot coverage, and the proposed house, garage and related structures would occupy about 24% of the total parcel area.  On the western 380’ of the parcel (19,760 square feet) that includes the proposed structures, the structures plus the sidewalk occupy about 14% of the area. Impervious cover calculations for parcels served by the driveway Since the driveway on the Weidall parcel serves three properties, the Planner estimated the existing impervious cover on all three parcels, using Washington County aerial photos: City parcel: less than 1% impervious coverage; parcel size is 2.9 acres; impervious Weidall Variance Staff Report Scandia Planning Commission Page 5 April 1, 2014 Area is unlikely to change. Residential parcel to the north: approximately 20% impervious coverage; parcel size is .78 acres. Maximum coverage allowed by the ordinance is 25%.  If the single driveway continues to serve all three parcels, the coverage on the combined three parcels at a maximum of 27.3 percent on the Weidall parcel, 1% on the City parcel and 25% on the neighbors’ parcel would be approximately 10% coverage over the combined area of the 3 parcels. The Planning Commission should consider the unique configuration of the lot, and shared driveway access as it discusses the variance request. If the variance is approved, the Planner recommends that conditions be included that require the following:  That the applicants incorporate rain gardens to minimize the impacts of impervious surfaces that drain to Big Marine Lake  That the applicants grant an easement to the City for utilities and access to the parcel that includes the 201 sewer system drainfield. Building Height The maximum structure height permitted in the General Rural District is 35 feet. The height of the proposed house is approximately 27 feet, based on the definition of building height in the City’s Development Code. The height of the proposed garage is approximately 15 feet. The proposed structures meet the height requirement. Wastewater Treatment The property is currently served by the City’s 201 septic system. The location of the existing system tank is shown on the Certificate of Survey. The applicants will need to move the tank to a new location, which is shown on the Grading Detail drawing. The new location meets the setback requirements of the Shoreland Overlay and General Rural Districts. The applicants will need to obtain a permit for the new septic system tank from Washington County. The Planner has included that requirement in the conditions for approval. Stormwater Management and Floodplain Elevations The Planner sent the application to the Carnelian-Marine Watershed District and the Minnesota DNR for review and comment. The District’s comments included the following:  The low floor elevation is noted on the survey as 943.8 feet. The District rules require a 2 foot separation between the 100-year flood elevation of 942.5 feet and the low floor elevation. Low floor elevation should be a minimum of 944.5 feet.  The Watershed District is not in favor of granting variances for impervious surface coverage. However, the Managers recognize the difficulties of replacing smaller seasonal structures with your-round family homes on existing lots, while still meeting impervious surface zoning requirements.  The project will require a Watershed District permit for stormwater management, buffers and erosion control. The homeowners will be required to construct a minimum of 940 square feet of rain gardens, or the equivalent, to treat 1690 cubic feet of stormwater. Properly constructed and maintained, these facilities may partially mitigate the effect of increased impervious surface on the site. Weidall Variance Staff Report Scandia Planning Commission Page 6 April 1, 2014 The proposed conditions require that the applicants revise the plan to meet the low-floor elevation requirement, incorporate the required rain gardens and maintain the gardens, and obtain the required permits from the District. The City’s ordinance requires that the applicants obtain a land alteration and grading permit as part of the building permit. Landscape Plan No landscape plan is required for the site. 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. Applicant’s Statement of Practical Difficulties The applicants are requesting a variance from the 25% cover maximum required in the Shoreland Overlay Zone. The proposed coverage is 27.3%. The applicants identified the following practical difficulties related to the variance request:  The unusually long, narrow parcel and driveway access from Olinda Trail to the potential site that is wide enough for the house and garage.  The shared driveway situation—if each of the parcels developed its own access, a much larger area of impervious surface would be needed to independently access each of the parcels.  The applicants are proposing a relatively modest-sized home (2,238 total square feet total in two stories) and detached garage (600 square feet) in order to minimize the impervious area.  The proposed plan reduces the impervious area of the driveway from the current condition.  The garage is located closer to Olinda Trail than the primary structure due to the unique shape of the property and desire to keep the structures outside the required setback Weidall Variance Staff Report Scandia Planning Commission Page 7 April 1, 2014 from the lake. A longer driveway would be required to access the garage if it were placed west of the proposed house. The structure location allows for safe access down the slope toward the driveway in winter months.  The detached garage is needed in addition to the attached garage on the house in order to store a boat trailer, plow truck that will be used to maintain the long driveway, and other property maintenance equipment inside to maintain the neat appearance of the property  The applicants have discussed the proposed plan and need for the lot coverage variance with the Carnelian-Marine-St. Croix Watershed District (CMSCWD) staff. The have proposed the incorporation of rain gardens within the property to minimize the impact of the additional impervious surface on the lake.  The application noted that a portion of the driveway drains away from the lake, toward Olinda Trail. Findings The following bullets present the Planner’s findings related to the Weidalls’ 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 supports single-family residential uses in the General Rural District and Shoreland District. A driveway is necessary to provide access to the residence. The proposed use is in harmony with the general purposes and intent of the Comprehensive Plan. The Comprehensive Plan and Shoreland Overlay District include goals, policies and standards to protect the quality of Big Marine Lake. The maximum 25% coverage standard addresses the Comp Plan goals. In this case, the applicants have proposed a modest, two-story home to minimize impervious area, and the accessory structure is smaller than the Code would allow. The impervious cover in excess of the code is largely due to the area of the driveway, which is the result of the unique shape of the lot and the distance from Olinda Trail North to the portion of the lot where a home could be constructed. The applicants are proposing to use the existing driveway on the parcel, and the development plan proposes decreasing the driveway area by 32 square feet from the current area. The existing driveway provides access for three parcels. If each parcel created its own access drive, the level of impervious surface in the area would be greatly increased. The total impervious coverage of the three parcels will be 10% if they continue to utilize the existing common driveway. When the total area served by the driveway is considered, the proposed driveway is in harmony with the purpose and intent of the Comprehensive Plan and Development Code. The applicants are proposing to place the garage closer to Olinda Trail North than the house to maintain the required structure setback from the lake, and to minimize the length of the driveway and amount of impervious coverage as much as possible. The structure is proposed to be placed more than 1300 feet from Olinda Trail, and will not be Weidall Variance Staff Report Scandia Planning Commission Page 8 April 1, 2014 easily visible from the roadway. The placement is consistent with Comprehensive Plan goals to protect the lake and views from local roadways and with the general intent of the 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 and accessory structures are reasonable uses in the General Rural District and Shoreland Overlay District.  The practical difficulties are not caused by the landowner, and are unique to the property. The practical difficulties are due to the unique shape of the lot, particularly the distance between the roadway and the portion of the lot where a home can be developed. The practical difficulties were not caused by the landowner.  The variance would not alter the essential character of the area. The driveway currently exists on the parcel. The existing home, shed and garage will be removed and replaced by the new home and accessory building. Adjacent parcels include similar homes and accessory structures. 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 shape of the existing lot and the need to have a driveway to access the home. 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. It will continue the use of a common driveway for three parcels, 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 required variance will provide for a single driveway to serve three parcels and for development of the parcel with a modest home and one accessory structure. The area of the driveway will be reduced from the current size by 32 square feet, and the proposed placement of the detached garage results in a shorter driveway than would be needed if the garage were placed to the west of the home. The total lot coverage over the three parcels served by the driveway is approximately 10 percent, and meets the requirements of the Shoreland Overland District and Development Code. The City has included the Watershed District’s proposed conditions to add rain gardens to manage Weidall Variance Staff Report Scandia Planning Commission Page 9 April 1, 2014 runoff from the impervious surface area. The required variance is therefore 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. ACTION REQUESTED: The Planning Commission should receive public comments at the hearing on April 1. The Planning Commission should discuss the variance request, and can recommend the following: 1. Approval 2. Approval with conditions 3. Denial with findings 4. Table the request PLANNING STAFF RECOMMENDATIONS: The Planner recommends that the Planning Commission approve the proposed variance from the required maximum impervious coverage of 25% to allow development of the property at 18190 Olinda Trail North with a maximum impervious coverage of 27.3%. The Planner recommends the following conditions for the variance: 1. Development of the property shall be consistent with the plans provided to the City on March 10, 2014. 2. The applicants shall obtain a building permit from the City. 3. The existing home and any existing accessory structures that exceed the Development Code standards shall be removed from the parcel before approval of the building permit. 4. The applicants shall grant an easement to the City for sewer utilities and access to the parcel that includes the 201 community septic system drainfield. 5. The applicants shall obtain a septic system permit from Washington County. 6. The applicants shall obtain the required Watershed District permits. 7. The low-floor elevation on the home shall be a minimum of 944.5 feet. 8. The applicants shall construct a minimum of 940 square feet of rain gardens, or equivalent best management practices approved by the CMSCWD, to treat 1690 cubic feet of stormwater. The applicants shall maintain the rain gardens so that they continue to treat the required amount of stormwater. 9. The Applicant shall pay all fees and escrows.