6.a) Variance. Request by Tom and Ann Mattox for Approval of a Variance to Allow the Construction of a Garage, 18785 Layton Avenue Meeting Date: 11/03/09
Agenda Item: �� ��J
Planning Commission/Cit Council ���� � ��
y
Agenda Report
City of Scandia
14727 209ih St. North
Scandia, MN 55073 (651) 433-2274
Action Requested: Hold a public hearing on the application of Tom and Ann Mattox for
variances from the OHW (Ordinary High Watemark), right-of-way
setback, lot size and lot width requirements to allow construction of a
garage for an existing home located at 18785 Layton Avenue North.
Deadline/ Timeline: 60-day review period expires December 12, 2009
Background: The planner will present the attached report and recommendations at
the meeting on November 3, 2009.
Recommendation: The planner has recommended approval of the variances with findings
and conditions which have been incorporated into a draft resolution
for use by the Planning Commission and City Council.
Attachments/ • Draft Resolution 11-03-09-03 Approving Variance Request
Materials provided: . TKDA Memorandum dated October 27, 2009.
• Location Map
• Application Materials
Contact(s): Tom & Ann Mattox, 651-426-8643
Prepared by: Anne Hurlburt, Administrator
(Mattox Variance Cover)
Page 1 of 1
10/27/09
CITY OF SCANDIA, MINNESOTA
RESOLUTION NO. 11-03-49-03
APPROVING VARIANCE FOR 18785 LAYTON AVENUE NORTH
WHEREAS, Tom and Ann Mattox have made applicatian for variances from Ordinary
High Water level (OHW) setback, right of way setback, lot size and lot width requirements for
construction of a garage located at 18785 Layton Avenue North,City of Scandia; and
WHEREAS, the property is legally desan�ed as Lot 4, Bloc�c 1, Holiday Beach,
Washington County, Minnesota; and
WHEREAS, the Planning Commission reviewed tl�e request at a duly noticed Public
Hearing on November 3, 2009, and has recommended approval; and
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SCANDIA,WASFIINGTON COUNTY, MINNESOTA, that it should
and hereby does approve the variances to allow a right of way setback of 15 feet, Ordinary High
Water level (OHW) setback of 53 feet, lot size of 6,090 square feet, and lot width of 64 feet for
construcrion of a garage, based on the following findings:
1. A hardship exists because a garage is a typical, reasonable accessory use of residential
property. The subject property is zoned for residential use. Because of the small size of
the lot, there is no building site on the property that conforms to all setback requirements.
2. The small size and width of the lot were not created by the property owner, and the lot
was created before the standards of the current Development Code.
3. The essential character of the locality is lakeshore, single family residences, similar in
character to the request. The development will comply with the Development Code
standards for lot coverage and building height, which are physical characteristics that help
define the essential character of the locality.
Resolution No.: 11-03-09-03
Page 2 of 2
4. The right of way setback provides space for off-street parking on the property and safe
ingress/egress from the garage. The OHW setback allows for the garage to be attached to
the west side of the existing house, away from the lake.
5. The request is in harmony with the Comprehensive Plan's goals and policies for
Lakeshore Traditional Overlay Area and surface water quality policies. The Plan guides
to maintain the pattern of small lakeshore lots while improving stormwater management
and land stewardship, to preserve and protect surface water quality through cooperation
with watersheds, and to encourage residents of developed areas to improve stormwater
drainage.
FURTHER BE IT RESOLVED, that the following conditions of approval shall be met:
1. At the time of building permit application, t1�e Applicant shall provide a plan showing
that the lot coverage does not exceed 25%.
2. The Applicant shall obtain a permit from the Carnelian Marine on St. Croix Watershed
District. The Applicant shall work with the Watershed to identify stormwater Best
Management Practices (BMPs) and the Applicant shall implement the BMPs.
3. All fees shall be paid.
Adopted by the Scandia City Council this 3`�day of November, 2009.
Dennis D. Seefeldt, Mayor
ATTEST:
Administrator/Clerk
TKDA ��a�Str�t,S�,�e,�o
Saint Paul,MN 55101
,rne riq�t ame.,rye r�rt peop�a,i,ne r�a� (651)292-4400
(651)292-0083 Fax
vwvw.tkda.com
MEMORANDUM
To: City Council and _ Reference: Mattox Variance Request
Planning Commission Scandia File Number 2009011
Copies To: Anne Hurlburt, City Administrator
Tom and Ann Mattox
Proj. No.: 14305.003
From: Berry Farrington,AICP Routing:
Date: October 27, 2009
SUBJECT: Mattox Variance Request
MEETING DATE: November 3, 2009
LOCATION: Lot 4, Block 1, Holiday Beach
18785 Layton Avenue North
Scandia, Minnesota
APPLICANT: Tom and Ann Mattox
ZONING: Agriculture District (AG), Shoreland Overlay District
60-DAY PERIOD: December 12, 2009
ITEMS REVIEWED: Application, Certificate of Survey dated October 13, 2009, aerial photo, garage
plans dated October 21, 2009
BRIEF DESCRIPTION OF THE REQUEST:
The Applicant requests variances from Ordinary High Water level (OHW) setback,right of way setback, lot
size and lot width requirements to allow for construction of a detached garage 528 square feet in size.
The subject property is located at 18785 Layton Avenue North, with frontage on Big Marine Lake. Big
Marine Lake is classified as a Recreational Development lake, and the OHW is 942.2 feet. The subject
property is within the Agriculture District and Shoreland Overlay District. The land area above the OHW is
approximately 6,090 square feet. There is currently an existing house and one shed on the property.
BACKGROUND:
Chapter 1, Section 6.4 of the Scandia Development Code describes the criteria for granting variances. It
states that variances are permitted when they are in harmony with the general purpose and intent of the
Development Code, in cases where there are particular hardships, and when consistent with the
Comprehensive Plan.
An Employee Owned Company Promoting Affirmative Action and Equal Opportunity
Mattox Variance Request Page 2 October 27, 2009
Scandia, Minnesota
"Hardship" as used in connection with variances, means that the property cannot be put to a reasonable use if
used under the conditions allowed by the Official Controls; that the plight of the landowner is due to
circumstances unique to the property, not created by the landowner; and that the variance would not alter the
essential character of the locality.
OVERVIEW OF FINDINGS AND RECOMMENDATION:
The Planner finds that a garage is a reasonable accessory use for a residential property. The lot is an existing
lot and is too small for a garage that meets all Ordinance requirements; therefore, a hardship exists. The
Planner recommends that variances be granted to allow for construction of a garage. The variances granted
should be the minimum needed to alleviate the hardship. The Applicant seeks to build a 528 square foot
garage (2-car garage) that is 6.1 feet from the right of way. The Planner recommends that the garage be
further distanced from the right of way than proposed to address safety issues. This longer driveway would
increase the amount of impervious surface. The Planner recommends that the right of way setback be
increased to 15 feet and the size of the garage be reduced to an estimated 441 square feet to meet the
maximum lot coverage requirement.
DETAILED EVALUATION OF THE REQUEST:
Comprehensive Plan
Variance requests are evaluated for consistency with the Comprehensive Plan. The subject property is within
the Lakeshore Traditional Overlay Area identified in Scandia's Comprehensive Plan, adopted March 2009.
The Plan guides to maintain the pattern of small lakeshore lots while improving stormwater management and
land stewardship, to preserve and protect surface water quality through cooperation with watersheds, and to
encourage residents of developed areas to improve stormwater drainage. 'The Planner interprets the request to
be in harmony with the Comnrehensive Plan
Setbacks
The Shoreland District setback requirements, the proposed setbacks, and the existing setbacks are
summarized below:
Setback Develo ment Code Pro osed Gara e Existin House
OHW 100 feet 67 feet 21. 6 feet
(Planner recommends 53 feet, to
allow for an attached ara e)
Right of Way 40 feet 6.1 feet 43 feet
(Planner recommends 15 feet)
Side ard 10 feet 13 feet 3 feet
The Applicant proposes to place the garage 6.1 feet from the right of way. It appears that this location was
chosen to limit the amount of driveway surface needed, so that the total impervious surface would not exceed
25% of the lot with a two car garage, as proposed.
The Planner's concern is that a 6.1 foot setback from the right of way is not adequate space for a driveway.
As requested, the majority of driveway area needed for parking and backing safely out of the garage would
Mattox Variance Request Page 3 October 27, 2009
Scandia, Minnesota
be on the public right of way. Within the right of way, there is approximately 10 to 11 feet between the lot
line and the edge of the paved street. The survey shows a 17 foot separation between the paved street and the
proposed garage. A parking place is typically 18 feet in length. A short driveway could cause safety issues
and interference with snowplowing.
A fifteen foot setback from the right of way is the shortest distance allowed by a variance granted in the
recent past for a small, lakeshore lot. The Planner recommends that the Applicant be allowed a 15 foot
setback from the ri t of wav, consistent with recent precedent. The recommended setback will provide for a
full car length separation between the travel lane and the garage.
By distancing the garage a minimum of 15 feet from the right of way, the Applicant may wish to build an
attached garage. Therefore, the Planner recommends a variance to allow a 53 foot setback from the OHW,
the distance between the OHW and the back of the house.
The proposed garage meets the side yard setback requirement. If the Applicant plans an attached garage, it
would still be able to meet the 10 foot side yard requirement.
Lot Coverage
The maximum allowable lot coverage is 25% of the total lot area above the OHW. Twenty-five percent of
the lot area is 1,522 square feet. The Applicant proposes to remove a shed and part of the house's deck to
lessen the amount of impervious surface. As proposed, the request meets the lot coverage standard. However,
the longer driveway, as recommended, would increase the lot coverage. The variances should be minimized
while still allowing the applicant reasonable use. The Planner suggests that a smaller garage would be
reasonable use. The Planner recommends that the covered area not exceed 25% of the total lot area.
As an example, the Applicant could construct an attached garage large enough for one car plus storage space.
If the existing deck and shed are removed as proposed, up to 661 square feet of impervious surface may be
added. If the garage was 24 feet deep (the same depth as the proposed garage), the driveway might be 10 feet
wide and 22 feet long. The garage could be 441 square feet (24 by 18 feet).
Lot Size and Width
The Shoreland District, minimum lot size is 2.5 acres. The existing lot is 6,090 square feet in area(.14 acre)
above the OHW. A variance is requested to allow for the existing lot size of 6,090 square feet.
The minimum lot width for a new lot is 150 feet. The existing lot is approximately 64 feet wide. A variance
is requested to allow for the existin�lot width of 64 feet.
Building Height
The Shoreland Ordinance requires an accessory structure to be a single story. Theproposed detached gara�e
is planned as a sin l�e story, and so conforms to the height standard. The Applicant is considering a second
story addition to the existing home that would be allowable with a building permit. The addition would not
exceed 35 feet in height, the maximum height allowed by the Zoning Ordinance.
Mattox Variance Request Page 4 October 27, 2009
Scandia, Minnesota
Carnelian Marine on S� Croix Watershed District
A permit will be required from the Carnelian Marine on St. Croix Watershed District. The Planner
recommends as a condition of the variance, that the Applicant work with the Watershed to identify
stormwater Best Management Practices (BMPs) and that the Applicant implement the BMPs.
Minnesota Department of Natural Resources
Plans were forwarded to the Minnesota Department of Natural Resources for comment. No comments were
received as of October 27, 2009.
Accessory Structure Standards
The proposed detached eara�e conforms to the Accessorv Structure standards of the Zoning Re�ulations
(Chapter 2. Part 3, Section 9.2� One accessory structure up to 720 square feet may be allowed for a lot less
than one acre in size. The Applicant proposes one accessory structure of 528 square feet.
ACTION REQUESTED:
The Planning Commission can recommend/City Council can act to:
1. Approve the request.
2. Approve the request with conditions.
3. Deny the request with findings.
4. Table the request.
PLANNING STAFF RECOMMENDATIONS:
The Planner recommends approval of variances to allow a right of way setback of 15 feet, Ordinary
High Water level (OHV� setback of 53 feet, lot size of 6,090 square feet, and lot width of 64 feet for a
garage located at 18785 Layton Avenue North, City of Scandia.
The Planner's recommendation is based on the following findings:
1. A hardship exists because a garage is a typical, reasonable accessory use of residential property. The
subject property is zoned for residential use. Because of the small size of the lot, there is no building
site on the property that conforms to all setback requirements.
2. The small size and width of the lot were not created by the property owner, and the lot was created
before the standards of the current Development Code.
3. The essential character of the locality is lakeshore, single family residences, similar in character to
the request. The development will comply with the Development Code standards for lot coverage and
building height, physical characteristics that help define the essential character of the locality.
4. The right of way setback provides space for off-street parking on the property and safe ingress/egress
from the garage. The OHW setback allows for the garage to be attached to the west side of the
existing house, away from the lake.
Mattox Variance Request Page 5 October 27, 2009
Scandia, Minnesota
5. The request is in harmony with the Comprehensive Plan's goals and policies for Lakeshore
Traditional Overlay Area and surface water quality policies. The Plan guides to maintain the pattern
of small lakeshore lots while improving stormwater management and land stewardship, to preserve
and protect surface water quality through cooperation with watersheds, and to encourage residents of
developed areas to improve stormwater drainage.
The Planner recommends the following conditions of approval:
1. At the time of building permit application, the Applicant shall provide a plan showing that the lot
coverage does not exceed 25%.
2. The Applicant shall obtain a permit from the Carnelian Marine on St. Croix Watershed District. The
Applicant shall work with the Watershed to identify stormwater Best Management Practices (BMPs)
and the Applicant shall implement the BMPs.
3. All fees shall be paid.
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File No. �C �� � �
APPLICATION FOR PLANNING AND ZONING REQUEST
City of Scandia, Minnesota
14727 209th Street North, PO Box 128, Scandia, MN 55073
Phone 651/433-2274 Fax 651/433-51 12 Web http://www.ci.scandia.mn.us
P/ease read before completing: The City will not begin processing an application that is incomplete. Detailed submission
requirements may be found in the Scandia Development Code,available at the City office and website(www.ci.scandia.mn.us)and in
the checklist forms for the particular type of application. Application fees are due at the time of application and are not refundable.
1. Property Location: (street address, rf applicable)
�g� 8� �-t� +o n ►�v � �1
2. Washington Cou ty Parcel ID:
31 - 032 - Zo -- i � - ooS3
3. Complete Legal Description: (allach if necessary)
L�� �, �I o C l� I , I� �? l, �,( 1 13 F .
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4. Owner(s): Phone:
To�,,,� � ��, W(� '}�tnx (h) b5 1 �Z6 8E 4-3
(e) 65 t �� �s b 6 8�
Street Address: �J`�-�� L-Uf����. �CV""L- E-Mail:
City/ State: � � ���"Q 4�Jr�c�r � �1/t r� Z�P� J�J � �Q
5. Applicant/Contact Person: Phone:
To w� I'1/l a-�- �-o�c (h) � 5 � �2 6 8 6 4 3
(b) 6 5 i - l-�S � 68�
Street Address (Mailing): E-Mail:
City/ State: Z�
P�
6. Requested Action(s): (check all that apply)
� Variance Minor Subdivision
Conditional Use Permit Planned Unit Development
Interim Use Permit Preliminary Plad Major Subdivision
Certificate of Compliance(Residential) Preliminary PIaU Open Space Conservation Subdivision
Certificate of Compliance(Commercial) Final Plat
Map Amendment(Zoning or Comprehensive Plan) Permit Extension
1/5/2007
7. Brief Description of Request: (attach separate sheel if necessary)
�G�- � � �S� � oT �-�- �o .��� (,l-�'L z c2.��.a--.
�c►�-�.v� l/�tk� I C"�C� � .,�.v� �Ol.t.� (?Z. 0 � ;►�
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8. Project Name:
I hereby apply for consideration of the above described request and declare that the information and materials submitted
with this application are complete and accurate. I understand that applicants are required to reimburse the city for all
out-of-pocket costs incurred for processing, reviewing and hearing the application. These costs shall include, but are not
limited to: publication and mailing of notices; review by the city's engineering, planning and other consultants; legal
costs, and recording fees. An escrow deposit to cover these costs will be collected by the city at the time of application.
Any balance remaining after review is complete will be refunded to the applicant. No interest is paid on escrow deposits.
PLEASE NOTE: If the fee owner is not the applicant, the applicant must provide written authorization by the fee
owner in order for this application to be considered complete.
Property Fee Owner Signature(s) Date:
/ �
�.- ��
�f �� ��
;�����.�-_ j'!�;;�=�� � � /� - i3 _
Applicant Signature(s) Date:
For City Use Only
Application Fees: � ���� PAID
Parcel Search Fee: �3� OCT 13 2009
�`� 53 �
2� � CITY OF SCANDIA
Escrow Deposit:
1/5/2007
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Hardship Letter
The hardship is we would like to build a garage on a lot that is not 2. ��TY oF sC.qNDIA
does not meet the setback requirements of 100 feet from the shoreline of Big
Marine Lake and the requirement from the road. There also is a hardship being
without a garage in Minnesota .
Please consider allowing the needed variance's to construct a garage .
Thank you,
Thomas Mattox
On a personal note: We originally had plans drawn for the garage to be attached
using a combination of pervious pavers and a living driveway. With the Oct. 2009
survey we had to redraw our plans after we learned Pervious pavers were not
being accepted. With the help of Steve Thorpe and Landmark Survey we have
come up with a plan to not use more than 25% of our lot. We can remove the
shed and the uncovered deck to come up with the pervious surface needed to fit
the garage and driveway in. The deck would be raised to the second story. The
driveway will be pervious pavers. We would like this size garage for winter
storage of our boat and auto. If you have any questions please ca.11.
651-298-6684 work
651-426-8643 home
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m �� m ,-'N20"02'04�' ,y `_
I W e: . . � � '17
O 5 � � � 9 W 74.0 ' a 71 � I'�N�3��S�W Ol N r PRE-CONSTRUCTION
a-- `� � � IMPERVIOUS AREA
I � electric 4 � � W
� � -."- � mete� '�� ""
O (V 10"LOCUST gq3.7x �- �^�t� in square feet
� �����
� z �P�iric�ine -- i �- ' HOUSE................................724
x 943.6 '
oyert,ead � COVERED DECK...................125
� DECK...................................125
� SHED.....................................33
4"MAPLE 4"MAPLE STEPS.._............. .
__-109.90 -- ................12
_ 3— " TOTAL IMPFRVIOUS AREA......1,079
¢ , � � Na,op�'18"E 130.2
IP�W er P��e - - ' — = AFTER CONSTRUCTION
I � — AREA �� square feet IMPERVIOUS AREA
R�������� _ (above OHW) _ in square feet
J��7BG� _"
LOT.........................6.09 0
L-IOUSE H OUSE......-----.__..................724
O(�T � �] �oOQ 25% OF LOT.......____...1.52? COVERED DECK.....................125
l�� a ,7 __ _____ GARAGE.................................528
__' DRIVEWAY...............................124
� STEPS (irom covered deck)...12
�_i
CITY OF SCANDIA �/ !_!�- TOTAL IMPERVIOUS AREA......1,513
SURVE'( PREPARED BY� Official copies of this map are crimp sealed.
Ne 8� �11C.
I heraby cslity that Nie eurvey,pim w re�wrt wae prepared by me w $
21150 Ozark Avenue North -P.O. Box 65 �"""^"d"�'��-�-'k21 ���my directQaupavism a�a wa�i om a a,q u�,ee�a�e s�,.Ry�
under Me lare f l�e 5}ata of Minneeota. .r
Fst rwmba:651-133-178!
October 13, 2009 �
Scondia, Minnesoto 55073 E-mad adhus•hfhef�sWetrmfieneLxt ,we i.n,�« Ynnmta licmx Nw ians o,��
Job Number 2009-45
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c C. � , � �
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October 26,2009 0�� ! � 100q
Honora.ble Mayor and City Council CITY OF SCANC�IA
City Of Scandia
14727 209� St.N.
Scandia, MN. 55073
Re: Vaziance Request
18785 Layton Avenue
Marine on St. Croix, MN
Dear Honorable Mayor and City Council Members;
We are the owners of the property 18773 Layton Avenue which lies unmediately south of
the above referenced property. We are writing to express our support of the variance
request of Tom and Ann Mattox for the construction of a garage on their property
located at 18785 Layton Ave.
If we may provide further information regarding our support of the variance,please feel
free to contact us at Telephone No. 651-439-0859. Thank you for your positive response
to the variance request.
Sincerely,
�� ,-- �� �,
. ,
�
` � ����'
David and Judith up
4787 Northbrook Blvd.N.
Stillwater,MN. 55082