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4.a) Staff Report-HollowayVariancePC8 5 14 Memorandum To: Scandia Planning Commission Kristina Handt, City Administrator Reference: Holloway Variance Application, City of Scandia Copies To: Mark Holloway, applicant Nancy B. Thomson and Susan McDonald, owners Project No.: 15485.013 From: Sherri Buss, RLA AICP, Planner Routing: Date: July 30, 2014 SUBJECT: Holloway Variance Application MEETING DATE: August 5, 2014 LOCATION: 16981 197th Street Scandia, Minnesota APPLICANT: Mark Holloway 4724 30th Avenue South Minneapolis, MN 55406 OWNERS: Nancy B. Thomson Susan McDonald 7008 Weston Circle 4738 W. Lake Harriet Parkway Edina, MN 55439 Minneapolis, MN 55410 ZONING: Agriculture – Core (AG C) and St. Croix River Overlay District 120-DAY PERIOD: October 9, 2014 ITEMS REVIEWED: Application, Survey, and Photos received June 11, and revised survey received June 16, 2014, revised plans and materials received July 29 BRIEF DESCRIPTION OF THE REQUEST: The applicant is seeking to significantly expand and remodel an existing cabin on the parcel at 16981 197th Street. The proposed expansion requires a variance from the required setback from Ordinary High Water Level (OHWL) of the St. Croix River, from the bluff setback for the cabin expansion, and from the City’s wetland setback requirement. The applicant will also Holloway Variance Staff Report Scandia Planning Commission Page 2 August 5, 2014 require a variance from the required wetland setback for the replacement of the existing septic system, for a second mound, and for a new well. The applicant’s parcel is approximately 1.85 acres in size. The property is located in the Agriculture - Core (AG C) District and the St. Croix River Overlay District. DETAILED EVALUATION OF THE VARIANCE REQUEST: The applicant is requesting to expand and remodel an existing cabin that is a Substandard structure because it does not meet the current setback requirements of the Lower St. Croix River Bluffland and Shoreland Management Ordinance. The applicant has been working with the National Park Service (NPS) and Minnesota Department of Natural Resources (DNR) to address the requirements for the expansion of structures within the St. Croix River Scenic Easement Area and St. Croix River District. The Lower St. Croix River Bluffland and Shoreland Management Ordinance requires that an extension, enlargement or alteration of an existing substandard structure or sanitary facility must meet the setback standards of the ordinance. The applicants are requesting a variance to permit enlargement of the structure in a location that is 12’ farther from the OHWL than the existing structure, but the location still does not meet the setback requirements from the OHWL or bluffline. Therefore, the City needs to determine if the cabin can be placed in another location on the parcel that meets the setback requirements, and a variance may be granted only if there is no other location for the cabin that can meet the setback requirements. The sections that follow discuss the criteria and rationale for granting a variance related to this application. Parcel Ownership The parcel at 16987 197th Street is currently owned by two sisters. The applicant is the son of one of the sisters. The sisters also own another adjacent parcel, at the same address. The Lower St. Croix River Bluffland and Shoreland Management Ordinance requires a minimum lot size of 2.5 acres in the rural areas of the overlay district. The lot where the cabin expansion is proposed is therefore a Substandard Lot. The ordinance section on Substandard Lots requires that “If in a group of contiguous platted lots under a single ownership, any individual lot does not meet the minimum requirements of this Ordinance, such individual lot cannot be considered as a separate parcel of land for purposes of sale or development, but must be combined with adjacent lots under the same ownership, so that the combination of lots will equal one (1) or more parcels of land each meeting the full minimum requirements of this ordinance.” The Minnesota DNR staff reviewed this issue for the Holloway variance request. The DNR staff determined that the two current owners can split the lots if both lots would meet 66% of the dimensional standards for lot width and lot size, if the lots will not exceed 20% impervious surface, and each can provide adequate sewage treatment. The owners will require variances to tear down or remodel structures on the lots, as the existing structures are substandard because they do not meet setback requirements. The proposed parcels do exceed 66% of the dimensional standards for lot width and size, and must meet the 20% impervious requirement and septic system requirements (analyzed in sections that follow.) Holloway Variance Staff Report Scandia Planning Commission Page 3 August 5, 2014 Based on the DNR’s findings, the Planner has included a proposed condition that the ownership of the lots must be changed so that each has a different owner before the City will issue a building permit for the proposed structure. Comprehensive Plan The Comprehensive Plan describes the Agriculture - Core (AG C) District is intended to protect and encourage long-term agriculture. Residential development is also permitted as a secondary use in the District. The St. Croix River Overlay District permits Single-Family Residential and related accessory uses in within the overlay district, and the Comprehensive Plan supports protection of the St. Croix River and related high quality natural areas in the River corridor. The applicant indicated that he is proposing to increase the setback of the expanded cabin from the OWHL and bluffline over the current situation, and maintain the existing tree canopy, in order to better screen the cabin from view from the river. He indicated that use of the existing cabin site will minimize potential disturbance to existing ground cover, and minimize the time required for restoration. The proposed development plan meets the lot coverage requirement. The proposed use of the property is generally consistent with the goals of the Comprehensive Plan for the AG C District and St. Croix River Overlay District that permit single-family residential uses in the districts. Development Code Requirements: Lot Size and Setbacks The applicant’s lot is 1.85 acres in size and is therefore a nonconforming lot in the AG C District and a substandard lot in the St. Croix River Overlay District. The AG C District permits lots of 2- 5 acres or 20 acres and larger in size, and the St. Croix River District requires that lots in rural areas be at least 2.5 acres in size. The required setbacks for structures in the St. Croix River Overlay District are the following:  Building setback from the OHWL: 200 feet  Building setback from the bluff line: 100 feet  On-site sewage system setback from OHWL: 200 feet  On-site sewage treatment setback from bluff line: 40 feet The required setback in the AG C District include the following:  Side setback: 20 feet  Rear setback: 50 feet City wetland setback requirement: 75 feet. The applicant is proposing to move the structure approximately 12’ to the west, to increase the setback from the OHWL and bluff line. The current setback from the OHWL is 115’, and the proposed setback is 127’. The existing setback from the bluff is 20’, and the proposed setback is 32’ from the bluff line. The proposed setbacks require a variance. There is a wetland seepage area on the western portion of the parcel. The City requires a 75’ setback from the wetland. The existing cabin structure is located 35’ from the wetland boundary, and the existing septic system is located approximately 30’ from the wetland Holloway Variance Staff Report Scandia Planning Commission Page 4 August 5, 2014 boundary. The proposed cabin will be approximately 28’ from the wetland, and therefore would need a variance from the setback requirement. The analysis for the proposed septic system and well have not been completed, but both would require a variance from the setback requirement, given the potential locations for replacement of the existing well and septic system, and the need to locate a secondary septic system area on the parcel. The proposed structure meets the side and rear setback requirements. It will be located approximately 80 feet from the north property line, approximately 60 feet from the south property boundary, and approximately 185 feet from the rear property line. The existing septic system meets the side and rear setback requirements. Accessory Structures There is an existing garage structure on the parcel that is approximately 574 f eet in area. The Development Code allows 1 accessory structure up to 1,000 square feet in area on lots that are 1 to 3 acres in size. No additional accessory structures are proposed in the application. The number and area of accessory structures meets the ordinance requirement. Lot Coverage The St. Croix River Overlay District permits up to 20% lot coverage. The Planner estimated the existing lot coverage by impervious surfaces is approximately 5%. The parcel coverage would be approximately 6% with the expanded cabin area. The parcel would meet the coverage requirement with the additional coverage proposed on the survey. Building Height and Color The maximum structure height permitted in the St. Croix River District is 35 feet. The National Park Service indicated that it will approve an increase in the cabin height from the existing 16 feet to a maximum 20 feet. The proposed height meets the ordinance requirement. The Lower St. Croix River Bluffland and Shoreland Management Ordinance requires that the exterior color of new or removed structures, including roofs, shall be of earth or summer vegetation tones, unless completely screened from the river. The Planner included a condition that the structure color shall meet the ordinance requirement, subject to NPS review. Driveway Access There is an existing driveway on the parcel, which will continue to provide access if the cabin is expanded. Wastewater Treatment and Well The existing septic system location is shown on the Certificate of Survey, in the northwest portion of the parcel. The Planner sent a copy of the application to Pete Ganzel, Washington County Health Department, for review and comment. Pete’s comments included the following:  A sewage treatment system that complies with the County ordinance is required. The current system appears to be a very small, shallow gravity mound which likely does not Holloway Variance Staff Report Scandia Planning Commission Page 5 August 5, 2014 have adequate separation to groundwater. For a project of this scope, a secondary system area should be identified.  The seepage wetland vegetation is on both sides of the creek flowing through the lot, as well as in the vicinity of the existing mound, so a wetland setback variance will likely be needed for any replacement or secondary mound. Likely any SSTS design on the lot will be a type III system because of insufficient suitable soil.  The potable water source is apparently a spring/stream box and pump, which is likely influenced by the mound system and other surface water, and should be abandoned, and a new well installed. The Planner has included proposed variances for the septic system and well in the recommendations and conditions. The size of the variance is not known at this point; the applicant hopes to provide that information at the Planning Commission meeting, based on additional analysis by his system designer. Pete Ganzel’s comments indicate that replacement of the existing system with a new system that has adequate separation from the groundwater is desirable. The proposed location for the replacement of the existing septic system and secondary area may require a variance from the rear setback requirement. The Planner has included conditions that the applicant obtain the required septic system permit from the County for the proposed system, and that he abandon the existing well and install a new well in compliance with Minnesota Health Department regulations. Stormwater Management and Wetlands The applicant completed a wetland delineation. The delineated wetland boundaries are shown in blue lines on the survey, and follow the course of a creek that travels through the property to the St. Croix River. The city requires a 75’ setback from wetlands, and the applicant has shown the location of the required setback on the plans with a dashed green line. The need for a variance from the wetland setback requirements for the cabin expansion and septic system are noted in this report. Jed Chesnut, Washington Conservation District, has advised that the delineation completed for the project go through the normal Wetland Conservation Act (WCA) approval process, to verify the delineation. The Planner has included a condition that the applicant and his wetland delineator work with Jed to complete the WCA process. The Planner sent the application to the Carnelian-Marine-St. Croix Watershed District for review and comment. The District Administrator’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 when replacing an existing structure in these areas. I have visited the site and the proposal may be the option least disruptive to water resources if the request is granted.  “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.” Holloway Variance Staff Report Scandia Planning Commission Page 6 August 5, 2014 The Planner has added a proposed condition that the applicants shall obtain the necessary Watershed District permit. The Lower St. Croix Bluffland and Shoreland Management Ordinance requires the following related to stromwater management:  The existing drainage patterns on the parcel shall not be disturbed.  Al construction, grading and disruption of the natural ground cover shall be resodded or seeded within 180 days of the date of issuance of the building permit.  To the greatest extent possible, vegetation over six (6) inches in diameter shall not be removed.  The structure shall be visually inconspicuous as viewed from the river during summer months.  The site shall be capable of supporting a standard septic treatment system as required in the Sanitary Sewer Disposal Ordinance, Chapter 4 of the Washington County Development Code. The Planner added the conditions related to drainage patterns, restoration, vegetation and septic system to the proposed conditions. The NPS will determine whether the structure will be visually inconspicuous from the river, based on the requirements of the scenic easement. Landscape Plan No landscape plan is required. The St. Croix Bluffland and Shoreland Management Ordinance says that a vegetative cutting permit is not required for construction of a validly permitted structure or septic system as long as the existing quality, character, density and canopy of vegetation are maintained as viewed from the river. WCD Comments Jed Chesnut of the Washington Conservation District reviewed the approximate wetland locations (before the wetland delineation was completed) and vegetation on the site. Jed noted that the parcel includes an upland area of maple-basswood forest with a diverse understory of native herbaceous vegetation. He noted that the forest appears to be of relatively high quality with virtually no invasive species present. The forested area transitions to the seepage wetland area. DNR Comments The Planner sent the application to the DNR for review and comment. DNR staff commented on the parcel ownership issues (discussed above), and noted that the applicant must show that there is no location on the parcel where the cabin could be constructed that meets the setback requirements from the OHWL and bluffline. National Park Service (NPS) Comments The applicant has worked with the National Park Service to develop the plan for expansion of the cabin, which is within the Scenic Easement area. The National Park Service staff reviewed the revised plan that the applicant provided on July 29, and provided their comments in an email dated July 30, 2014. The comments included the following:  The National Park Service has reviewed the proposed cabin design and found it to be in- keeping with the scenic easement which the National Park Service manages on this Holloway Variance Staff Report Scandia Planning Commission Page 7 August 5, 2014 property. We approve the cabin as shown with the 50’x34’ dimension, and being moved back from the river’s edge 12 feet.  The design of the new cabin is in the spirit and style of the present structure, and we feel that this will help to keep any negative visual impacts to a minimum.  Please note, all of our other previous comments still apply regarding the raising of the current “middle” roof line from 16’ to 20’ for the window and a loft, but not a full and complete second story with living space or the extension of that “middle” roof line the full depth of the cabin.  Keeping the coloration to the exterior materials as the present cabin will also help the new structure blend in to the surroundings and further reduce the visual impacts. The Planner has included the NPS recommendations in the proposed conditions. CRITERIA FOR VARIANCES AND FINDINGS Chapter 1, Section 6.0 of the Development Code and the Lower St. Croix River Bluffland and Shoreland Management Ordinance include 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 Rationale for the Variance The applicants noted the following in their rationale for the variance request:  The proposed location is 12 feet farther from the OHWL and bluffline than the existing cabin location.  The proposed location will not require extensive cutting of the healthy, native mature forest or impact the seepage wetland. Building a cabin that complies with the setback requirements would impact these areas.  The location will allow for the required septic system locations. Building a cabin that complies with the setback requirements would impact the areas that would be the best locations for the required system.  Building on the existing cabin site will keep the construction in the disturbed area, and avoid new disturbance and lengthy restoration of the existing site. Holloway Variance Staff Report Scandia Planning Commission Page 8 August 5, 2014  The variance from the wetland setback requirement is necessary to preserve as much separation as possible from the OWHL and bluffline. Findings The applicant is requesting a variance to expand an existing cabin in a location that does not meet the setback requirements from the OHWL, bluffline, and wetland. The following bullets present the Planner’s findings related to the Holloway 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 Lower St. Croix Bluffland and Shoreland Management Ordinance support single-family land uses in the AG C and St. Croix River Districts. The Plan and code support protection of the St. Croix River and views from the river. The applicant is proposing the following to provide protection for the St. Croix River and related resources: o The plan would place the expanded cabin farther from the OHWL and bluff line than the existing cabin to make it visually less conspicuous. o The proposed development meets the coverage standard in the district. o Development in the proposed location will allow for the replacement of the existing septic system which may be impacting groundwater, and development of the required septic system o The proposed location will protect the existing mature forest to screen the cabin from view. o Development on the existing cabin location will cause less disturbance to existing vegetation, and potentially less erosion than construction in a new location to that could impact the river. Based on the proposed single-family residential use and efforts to protect the St. Croix River and related resources, 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). Single-family residences are reasonable uses in the AG C District and the Lower St. Croix River District. The National Park Service has indicated that it will approve the size proposed for the expanded cabin. 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 are created by the size of the parcel, the location of existing bluffs, wetlands and required setbacks, and the location of the existing and proposed Holloway Variance Staff Report Scandia Planning Commission Page 9 August 5, 2014 septic drain fields. 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 cabins and homes with similar setbacks from the river. The proposed location will protect much of the existing woodland and tree canopy, to screen the view of the structure from the river. 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, the location of existing bluffs, wetlands and required setbacks, and the location of the existing and proposed septic drain fields. 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 maintenance of the existing single-family use will not increase congestion, endanger the public, or substantially diminish or impair property values in the neighborhood.  The requested variance is the minimum action required to eliminate the practical difficulty. The applicant is proposing to increase the cabin setback from the OHWL and bluffline over the current condition. The cabin cannot be placed farther from the OHWL and bluffline due to the location of wetlands, required buffers, potential septic drainfield locations, and required separation between the drainfields and wetlands. The requested 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. ACTION REQUESTED: The Planning Commission should receive public comments at the hearing on August 5. 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 Holloway Variance Staff Report Scandia Planning Commission Page 10 August 5, 2014 PLANNING STAFF RECOMMENDATIONS: The Planner recommends that the Planning Commission recommend approval of variances to permit the expansion of the existing cabin at 16981 197th Street at a location that is a minimum of 127’ from the OHWL of the St. Croix River, a minimum of 32’ from the bluffline, and a minimum of 28’ from the existing wetland delineated on the parcel; and approval variances from the required wetland setback to replace the existing septic system and locate a new well and secondary septic system within the required wetland setback. The Planner recommends the following conditions for the variances: 1. Development of the property shall be consistent with the plans provided to the City on July 29, 2014, including the proposed cabin dimension of 50’x34’, maximum height of 20’, and new setbacks as approved by the National Park Service. 2. The applicant shall complete a change of ownership for the parcel and adjacent parcel so that the parcels have different owners before the City shall issue a building permit. 3. The applicant shall obtain a building permit from the City. 4. The applicant shall obtain required approvals for the structure from the National Park Service (NPS). The exterior color of the structure, including the roof, shall be of earth or summer vegetation tones, and shall be approved by the NPS. 5. The applicant shall obtain a Grading and Erosion and Sediment Control permit from the City. 6. The applicant shall obtain the required Watershed District permit. 7. The applicant shall obtain the required septic system permit from Washington County. 8. The applicant and his wetland delineator shall work with the Washington Conservation District to complete the Wetland Conservation Act process for the wetland delineation. 9. The applicant shall abandon the existing spring, stream box and pump system, and install a new well to meet the requirements of the Minnesota Health Department and state rules. 10. Construction of the building shall not change the existing drainage patterns on the parcel. 11. All areas that are impacted by construction, grading and related activities shall be resodded or seeded within 180 days of the date of issuance of the building permit. 12. To the greatest extent possible, vegetation over six (6) inches in diameter shall not be removed. 13. The Applicant shall pay all fees and escrows associated with this application.