4.c) Staff Report-WilliamsVariancePC7 1 14
Memorandum
To: Scandia Planning
Commission
Kristina Handt, City
Administrator
Reference: Williams Variance Application,
City of Scandia
Copies To: Rusty and Kim Williams,
applicants
Project No.: 15485.009
From: Sherri Buss, RLA AICP,
Planner
Routing:
Date: July 16, 2014
SUBJECT: Williams Variance Application
MEETING DATE: July 1, 2014
LOCATION: 22723 Nolan Avenue North
Scandia, Minnesota
APPLICANTS: James (Rusty) and Kim Williams
ZONING: Agriculture Core (AG C)
60-DAY PERIOD: September 10, 2014
ITEMS REVIEWED: Application, Certificate of Survey, aerial photos received May 12
BRIEF DESCRIPTION OF THE REQUEST:
The applicants are seeking to build a storage shed on a parcel at 22723 Nolan Avenue North.
They are proposing to locate the structure 10 feet from the side parcel boundary rather than the
20 feet required by the ordinance, and are therefore requesting a variance.
The applicants’ parcel is approximately 6.5 acres in size. The property is located in the
Agriculture Core (AG C) District. The Certificate of Survey submitted with the application
identifies the applicants’ parcel—Parcel B. Parcel C is owned by the neighbor to the south.
Williams Variance Staff Report
Scandia Planning Commission Page 2 July 1, 2014
DETAILED EVALUATION OF THE VARIANCE REQUEST:
The applicants are requesting a variance to add a storage shed near the existing home and
garage on the parcel. The shed will store a plow and other outdoor equipment that is currently
stored outside. The potential locations for the shed that are accessible to the existing driveway
are limited by the location of wetlands, required wetland buffer setbacks, and septic system.
The applicants wish to use the existing driveway apron to access the shed to allow for easy
plow access to the driveway. The applicants prefer that the shed be separate from the house
because they cannot match the siding for the shed to the existing siding of the house.
The applicants note that the shed will be screened from view from the adjacent home to the
south by the pole barn on that property. There are also some existing trees along the parcel
boundary.
Comprehensive Plan
The Comprehensive Plan describes the Agriculture Core (AG C) District as an area where
agriculture is the predominant use. Residential development compatible with agriculture is the
secondary use in the area.
The proposed use of the property is generally consistent with the goals of the Comprehensive
Plan for the Agriculture District.
Development Code Requirements: Lot Size and Setbacks
The applicant’s lot is 6.5 acres in size. The AG C permits lots of 2 to 5 acres in size, or 20 acres
and larger. The lot was created before the adoption of the current Development Code, and is
therefore a nonconforming lot.
The required setbacks in the AG C District include the following:
Front setback: 40 feet
Side setback: 20 feet
Rear setback: 50 feet
The proposed location for the structure is 10 feet from the side parcel boundary, and therefore
requires a variance. The request is analyzed in sections that follow.
Accessory Structures
The Development Code allows 2 non-agricultural accessory structures up to 3.000 square feet
in size on parcels between 5 and 10 acres in size, plus one detached garage up to 24’x36’.
There are no existing detached accessory buildings on the parcel. The proposed building is
20’x20’ (400 square feet) in size. The total number and size of structures proposed meets the
ordinance requirement.
The structure is proposed to be closer to Nolan Avenue North than the existing home, but the lot
is greater than 5 acres in size and the structure would be located more than 200 feet from the
road right-of-way, and therefore the location meets the ordinance requirement.
Williams Variance Staff Report
Scandia Planning Commission Page 3 July 1, 2014
Lot Coverage
The Planner calculated the approximate area of impervious surface on the parcel using an
aerial photo and information provided by the applicant. The current impervious coverage on the
6.5-acre parcel is approximately 13% of the area of the parcel. It will remain approximately 13%
with the addition of the new garage. The Development Code permits maximum lot coverage of
25% in the AG C District. The parcel meets the coverage requirement with the addition of the
garage.
Building Height
The maximum structure height permitted in the General Rural District is 35 feet. The applicant
stated that the height of the proposed structure is approximately 13 feet (ten feet ground level to
bottom of eaves, and 16 feet from ground to roof peak), based on the definition of building
height in the City’s Development Code. The proposed structure meets the height requirement.
Wastewater Treatment
The addition of the garage does not require changes to the wastewater treatment on the parcel.
Stormwater Management
The Planner sent the application to the Comfort Lake-Forest Lake Watershed District for review
and comment. The District’s comments noted that the addition of the garage unlikely to trigger
District Stormwater or Buffer requirements. If the project will move more than 200 CY of
material or disturbing more than ¼ acre if within 1000-feet of a public water (or 1 acre if more
than 1000 feet from a public water) they would need an erosion control permit.
Landscape Plan
No landscape plan is required for the proposed building. The Planning Commission should
discuss whether additional screening for the structure should be required.
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.
Williams Variance Staff Report
Scandia Planning Commission Page 4 July 1, 2014
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
Findings
The applicants’ rationale for the reduced side setback is as follows:
The shed should be adjacent to the existing driveway, since it will store the plow
equipment and best address snow removal in front of the driveway
Other potential locations close to the driveway are occupied by the wetlands, wetland
buffers, and septic system.
The neighbors will not be able to view the shed in the proposed location because the
view is blocked by a large pole barn.
They prefer that the shed be separate from the house because they cannot match the
siding of the house.
The shed is needed to provide storage for the plow and other personal property that are
currently stored outside.
The following bullets present the Planner’s findings related to the Williams’ 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 Agricultural Core District. The request is consistent with the general intent of the
Comprehensive Plan.
The property owner proposes to use the property in a reasonable manner under the
conditions allowed by official control(s).
Single-family residences and related accessory structures are reasonable uses in the
Agriculture Core (AG C) District.
The practical difficulties are not caused by the landowner, and are unique to the
property.
The practical difficulties are due to the location of the existing driveway, home, wetlands,
wetland setbacks, and septic system. The difficulties are unique to the property and
were not created by the applicant.
Williams Variance Staff Report
Scandia Planning Commission Page 5 July 1, 2014
The variance would not alter the essential character of the area.
Other properties in the area include similar accessory structures. 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 location of existing structures, septic system
and wetlands on the parcel, and the need to locate the storage structure close to the
existing driveway and outside the wetland and buffer areas. 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.
Granting the variance will permit a location adjacent to the home and driveway. The
structure cannot be located north of the driveway (where a 20’ setback could be
achieved) due to the location of wetlands and the required 75’ buffers. Other locations
on the south side of the driveway would require a greater variance from the setback
requirement. The proposed location will be screened from view from the neighbors’
home by a large pole barn. The required variance will provide a 10’ setback, and 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.
ACTION REQUESTED:
The Planning Commission should receive public comments at the hearing on July 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
Williams Variance Staff Report
Scandia Planning Commission Page 6 July 1, 2014
PLANNING STAFF RECOMMENDATIONS:
The Planner recommends that the Planning Commission recommend approval of the proposed
variance from the required 20-foot side setback to permit construction of the garage a minimum
of 10 feet from the side parcel boundary. 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
May 12, 2014.
2. The applicant shall obtain a building permit from the City.
3. The Applicant shall pay all fees and escrows associated with this application.