4.e) Staff Report - JohnsonVariancePC7 1 14
Memorandum
To: Scandia Planning
Commission
Kristina Handt, City
Administrator
Reference: Johnson Variance Application,
City of Scandia
Copies To: Gregory D. Johnson,
applicant
Project No.: 15485.011
From: Sherri Buss, RLA AICP,
Planner
Routing:
Date: June 19, 2014
SUBJECT: Johnson Variance Application
MEETING DATE: July 1, 2014
LOCATION: 18629 Langly Avenue North
Scandia, Minnesota
APPLICANTS: Gregory D. Johnson
ZONING: General Rural (GR) District and Shoreland Overlay District
60-DAY PERIOD: September 12, 2014
ITEMS REVIEWED: Application, Survey, and Deck Design received May 14, 2014
BRIEF DESCRIPTION OF THE REQUEST:
The applicant is seeking to build a deck that would be attached to the home at 18629 Langly
Avenue North. The proposed deck would be closer to the Ordinary High Water Level of Big
Marine Lake than is permitted in the Shoreland Overlay District.
The applicant’s parcel is approximately .18 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.
18629 Langly Variance Staff Report
Scandia Planning Commission Page 2 July 1, 2014
DETAILED EVALUATION OF THE VARIANCE REQUEST:
The applicant is requesting to add a 10’x20’ deck to his home, on the side facing Big Marine
Lake. The edge of the deck would be 61 feet from the OHWL of Big Marine Lake. The existing
home is 71 feet from the OHWL, and does not meet the required minimum 100’ structure
setback. The proposed deck would encroach further into the required setback from the lake.
The Shoreland Overlay District ordinance permits additions of decks without a variance in
nonconforming situations, based on several criteria, listed in Section 17 of the ordinance.
However the parcel does not meet the criteria 2(A) of that section because the home (former
cabin) was raised and expanded with a variance after the structure setbacks were established in
the ordinance. Therefore, the applicant needs to obtain a variance to add the deck. The criteria
and rationale for granting a variance 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 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 deck does not meet the
setback standards in the Shoreland Overlay District, but does meet the other dimensional
standards and the impervious coverage standard.
The proposed use of the property is generally consistent with the goals of the Comprehensive
Plan for the General Rural District.
The City has previously granted variances for the addition of structures such as garages in the
Shoreland District with the rationale that garages are a typical and necessary accessory
structure for a residential use. The Planning Commission should discuss whether the same
rationale applies to a deck on a shoreland property, so that it meets the criteria to be a
reasonable use that is generally consistent with the Comprehensive Plan and ordinance.
Development Code Requirements: Lot Size and Setbacks
The applicant’s lot is .18 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
18629 Langly Variance Staff Report
Scandia Planning Commission Page 3 July 1, 2014
The existing home meets the side setback requirement, but does not meet the required setback
from the OHWL or from Langly Avenue. The existing house is 71’ from the OHWL, and 22’ from
Langly Avenue. The proposed deck would encroach further into the setback from the lake, and
therefore requires a variance.
A deck location on the side of the home would encroach into the side setbacks, and a location
on the rear of the home would encroach further into the nonconforming setback from the road-
right-of-way.
Shoreland Ordinance Standards for Deck Additions
Section 17, Item 2 of the Shoreland Ordinance includes standards for deck additions to
nonconforming structures. It states that such additions may be allowed without a variance if
they meet the following criteria:
(A) The structure existed on the date the structure setbacks were established.
(B) A thorough evaluation of the property and structure reveals no reasonable location for a
deck meeting or exceeding the existing ordinary high water level setback of the
structure.
(C) The deck encroachment toward the ordinary high water level does not exceed 15
percent of the existing setback of the structure from the ordinary high water level or does
not encroach closer than 30 feet, whichever is more restrictive.
(D) No deck on a nonconforming structures shall exceed 10 feet in width.
(E) The deck is constructed primarily of wood, and is not roofed or screened.
The proposed deck does not meet criteria (A), but does meet criteria (B) through (E):
(A) The structure did not exist on the date that the structure setbacks were established. It
was added to the lot after the date when the Shoreland Ordinance was adopted, and the
City granted a variance to construct the home 71 feet from the OHWL.
(B) A deck location that met the 100’ setback requirement from the OHWL would be a
detached structure located behind the home, and would require a variance from the
setback from the road right-of-way.
(C) The proposed encroachment toward the OHWL is 14% of the existing structure setback.
(D) The proposed deck is 10 feet in width.
(E) The applicant is proposing a wood deck that does not have a roof or screens.
Accessory Structures
The Development Code allows 1 accessory structure on lots that are less than 1 acre in size.
The existing parcel has no detached accessory structures, and none is proposed. The
application meets the ordnance requirement for accessory structures.
Lot Coverage
The Development Code permits up to 25% lot coverage in the Shoreland Overlay District. The
parcel coverage would be 23% with the addition of the proposed deck. The parcel would meet
the coverage requirement with the addition of the deck.
18629 Langly Variance Staff Report
Scandia Planning Commission Page 4 July 1, 2014
Building Height
The maximum structure height permitted in the General Rural District is 35 feet. The existing
house meets the requirement, and the deck addition will not increase the height of the house.
The proposed structure meets the height requirement.
Wastewater Treatment
The addition of the deck does not require changes to the wastewater treatment on the parcel.
Stormwater Management
The Planner sent the application to the Carnelian-Marine Watershed District for review and
comment. The District’s comments included the following:
“The District is not in favor of granting such requests, but recognizes the difficulties of complying
with all zoning requirements with an existing structure. The District will require a permit for this
project that will necessitate at a minimum the establishment of a shoreline buffer zone on this
property. 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 applicant shall obtain the necessary
Watershed District permits for this project.
Landscape Plan
The CMSCWD will require a landscape plan to establish a shoreline buffer zone for this project,
as noted above. The District will review and approve the plan, as required by District rules.
DNR Comments
The Planner sent the application to the DNR for review and comment. The staff person is
currently on vacation, and did not submit comments in time for this staff report. The Planner will
provide any DNR comments on the application at the Planning Commission meeting.
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.
18629 Langly Variance Staff Report
Scandia Planning Commission Page 5 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 Rationale for the Variance
Greg Johnson provided some history about the home and rationale for the variance. In 2004,
Mr. Johnson raised the existing cabin above the ground level on the property and added the
attached garage. The changes required a variance from the setback from the OHWL of Big
Marine Lake. The City granted the variance. The former cabin had a deck that Mr. Johnson
enclosed as a porch. Mr. Johnson was caring for his mother at that time, who had Alzheimer’s
disease, and he believed that the open deck was not safe for her. The home has a large
window/door that faces the lake that has existed as part of the structure since it was a cabin.
Mr. Johnson believes it is the logical location to provide access to a deck from the home. He is
requesting the variance to add the deck in that location rather than at the side to make use of
the existing opening and due to the narrow side setback in the portion of the home with a view
of the lake.
Findings
The applicant is requesting a variance to place a deck in a location that encroaches into the
setback from Big Marine Lake. The existing home was granted a variance from the required
structure setback, and the addition of the deck will encroach further into the setback from the
OHWL.
The following bullets present the Planner’s findings related to Mr. Johnson’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 Big Marine Lake. While the proposed deck
location does not meet the requirements for setback from the lake, it does meet the
other requirements in the Shoreland Ordinance that permit the addition of decks to
nonconforming structures and protect the lake, such as lot coverage and minimum
distance to the lake for nonconforming structures. 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).
18629 Langly Variance Staff Report
Scandia Planning Commission Page 6 July 1, 2014
Single-family residences are reasonable uses in the General Agriculture Core (AG C)
District. Decks are typical elements of homes in the Shoreland District. The request
meets most of the Ordinance requirements for the addition of a deck to a nonconforming
primary structure in the Shoreland District.
The practical difficulties are not caused by the landowner, and are unique to the
property.
The practical difficulties are created by the small size of the parcel, the location of the
existing home, and location of the potential access to the deck from the home. A single-
family residence could not have been located on the parcel that met the required
setback from Big Marine Lake. 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 decks. 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 access for the deck. 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 applicant is requesting a deck that meets the Shoreland Ordinance requirement for
the size and distance from the OHWL for deck additions in nonconforming situations.
The CMSCWD will require a shoreland buffer planting to mitigate for the encroachment
into the required setback. The 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.
18629 Langly Variance Staff Report
Scandia Planning Commission Page 7 July 1, 2014
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
PLANNING STAFF RECOMMENDATIONS:
The Planner recommends that the Planning Commission recommend approval of the proposed
variance from the required setback from the Ordinary High Water Level (OHWL) of Big Marine
Lake to permit construction of a 10’x20’ deck located 61’ from the OHWL. 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 13, 2014.
2. The applicant shall obtain a building permit from the City.
3. The applicant shall obtain the required Watershed District permits for the deck addition.
4. The Applicant shall pay all fees and escrows associated with this application.