4.b) Jessup Application MaterialsJuly 15, 2014
Kristina Handt, City Administrator
14727 204th Street North
Scandia, Minnesota 55073
RE: Application for Planning and Zoning Request
18773 Layton Ave North
Scandia, MN
Dear Ms Handt,
As we discussed, we are respectfully submitting the enclosed Application for Planning and Zoning Request.
We are requesting setback variances for the construction of a new single family home with attached garage and
a detached garage at 18773 Layton Ave North, Scandia.
We are requesting this application be placed on the August agendas for the Planning Commission and City
Council consideration.
We are respectfully requesting the following variances to allow the reasonable and prudent use
of the property:
• Minimum setback from lake OHWL to house with attached garage and deck from 100 feet to 38 feet
• Minimum setback from public right of way to house with attached garage from 40 feet to 25 feet
• Minimum setback from lake OHWL to a detached garage from 100 feet to 80 feet
• Minimum setback from public right-of-way to storage shed from 40 feet to 10 feet
• Minimum setback from public right-of-way to the sanitary sewer system from 40 feet to 5 feet
If there are other variances or Planning Commission/City Council actions necessary to proceed with the project, plee
inform us so we may provide any needed additional information for them to also be considered at the
August meetings.
We are available to answer any questions or meet with members of the City Council, Planning Commission,
City Staff and City Consultants regarding this Application. We would also welcome anyone who wishes to visit
the site as part of the review and approval process. We will be talking with our neighbors to make them aware
of our Application and proposed construction.
For the City's information a permit application is also being submitted to the
Carnelian -Marine -St Croix Watershed District for their consideration in August.
I wish to thank you and Mr. Tim Kieffer for taking time to meet with us during the past month. Your
information and explanations of the process was very helpful in providing background to prepare the
Application.
We look forward to the opportunity to work with all interested parties as this Application moves through the
review and approval process. Thank you for the time and attention given this request.
Sincerely,
Judith M. Jessup
18773 Layton Ave North
Marine St Croix, MN 55047
Cell: 952-454-1215
Attachments:
Application for Planning and Zoning Request
Including:
• Section 7 Narrative
• Existing Site Plan
David R. Jessup
18773 Layton Ave North
Marine St Croix, MN 55047
Cell: 651-333-0774
• Pictures of Existing Site and structures
• Proposed Site Plan
• Existing and Proposed Site Plans - Information and Interpretation Narrative
• Cross Section of proposed house and attached garage structure
• Air Photo of surrounding area
• Air Photo of property
Anolication for Planninn and Zonina Request
Section 7 Narrative
18773 Layton Ave North
We have owned the property for approximately 23 years. We would now like to build
our retirement home on it and move fulltime to this location. We love the lake
environment, lifestyle and the outdoor activities. To live at this location, we wish to have
a new home with an attached garage and shed.
We propose to build a two story home to accommodate visits of our immediate family
(we have four children and five grandchildren), extended family and other friends. We
wish to have a new structure to minimize maintenance activities as we grow older.
The addition of an attached garage would provide inside parking for vehicles and make
mobility to and from the vehicles much safer during winter months as we continue further
into the senior phase of our lives. It would also provide inside storage for items related to
day to day living such as: a deep freeze, woodworking tools, work bench, tool chest,
snow blower, etc. The length of the garage is designed to accommodate our full size
extended cab pickup truck with an eight foot long box and trailer hitch with adequate
circulation space around it.
The construction of a shed is to replace the shed currently on the property. It will provide
inside storage for such items as a lawnmower, rotor tiller, lawn/garden/rain garden
maintenance tools, water and lawn recreation related items such as yard games, floating
rafts, pull behind boat tubes, boat cushions, boat bumpers, life jackets, outboard motor,
oars, fishing equipment etc. By being inside, these items will be protected from the
environment and not visible to the general public. Thus improving the appearance of the
property and surrounding neighborhood.
Variances are required for the proposed project due to the relatively small lot size.
Unfortunately the depth of the lot (approximately 110 feet to 130 feet) does not allow a
reasonable use of the property without receiving setback variances from the Lake OHWL
(100 foot setback) and public right-of-way (40 foot setback). All side yard setbacks can
be met or exceeded.
In developing the improvements and Proposed Site Plan, we have increased the side yard
substandard setbacks to the minimum allowed or greater. In most cases we have been
able to maintain or approximate the current setbacks to the Lake OHWL. Unfortunately,
this has been at the expense of the setbacks to the public right-of-way. We have done so
as we feel the public right-of-way setback is the least visually sensitive and has the least
environment and aesthetic impact on the Lake, neighbors and neighborhood. While the
proposed setbacks from the Lake OHWL and street right-of-way require variances, the
setbacks are equal to and greater than most other structures in the neighborhood.
We feel removing the existing structures and constructing a new house/garage and shed
are a reasonable and prudent use of the property. We feel it will be an improvement to
the property and enhance the value and appearance of the property and surrounding
neighborhood. We feel these improvements will be compatible and consistent with the
other structures in the neighborhood and those being built at other locations around the
Lake. In summary, we believe the proposed project will have a positive economic,
environmental and aesthetic impact on the Lake, the site and surrounding neighborhood.
Please see attached narrative for further information and interpretation of the Existing
Site Plan and Proposed Site Plan.
Existing and Proposed Site Plans
Information and Interpretation
18773 Layton Ave North
Proposed Proiect Description
The variances are requested for the construction of a new single family house with attached
garage (house/garage) and a shed at 18773 Layton Ave North.
The proposed project includes the complete removal of the existing house and shed. Currently
there is not a garage on the site. The existing house structure is one story with crawl space. The
existing house is small and not believed to be structurally sufficient to be used as a foundation
for expansion. In addition it would most likely not meet current building, electrical and
plumbing code requirements. The existing shed has metal siding and is on a wood platform.
The shed is old and in need of significant repair and maintenance. In addition, the shed would
have to be moved to accommodate a new house and attached garage (house/garage). It also
would not architecturally compliment the proposed new house. For these reasons both the
existing house and shed are proposed to be removed from the site.
Included as part of the Application is a site plan showing the existing site conditions, including
the existing structures and related features. Also included with the Application is a series of
pictures showing the existing site conditions.
The proposal is to build a larger two story house with an attached garage. A bonus room is
proposed over the garage. A shed is also proposed. It would have the same exterior finishes as
the house. This construction will require the relocation of the existing 201 sewer tanks and well.
Included as part of the Application is a second site plan showing the proposed structures, site
conditions and other site related features (Proposed Site Plan).
As can be seen on the Existing Site Plan, the lot varies in depth from approximately 110 to 130
feet. This is not adequate under current zoning requirements to allow the construction of any
structures on the property. Therefore, it is not possible to meet the required setback to the Lake
OHWL and public right-of-way due to the lot depth.
The variance request is for variances from the 100 feet setback from the Big Marine Lake
Ordinary high-water level (OHWL) to the new house/garage structure and shed and the 40 feet
setback from the public right-of-way to the new house/garage structure, shed and sewer system
tanks. The minimum setbacks (in feet), existing and proposed structures, are summarized in the
following table:
Zoning Minimum
House &
deck/stairs
Garage
Shed
Sewer System
Zoning Minimum
House &
deck/stairs
Attached Garage
Shed
Sewer System
SETBACK TO LAKE
EXISTING PROPOSED MIN.
100
2
SETBACK TO RIGHT OF WAY
EXISTING PROPOSED MIN.
40
35.8
38.0
>40
NA
NA
NA
NA
25
>100
80
7.8
10
81
>100
29
5
SETBACK TO N. PROPERTY LINE
EXISTING PROPOSED MIN.
10
SETBACK TO S. PROPERTY LINE
EXISTING PROPOSED MIN.
10
8.5
16
>10
>10
NA
10
NA
>10
7.3
>10
>10
10
>10
>10
>10
>10
As can be seen from this table, the existing house does not meet the setback requirements to the
Lake OHWL or north property line. The shed does not meet the setback requirement to the Lake
OHWL, public right-of-way or north property line. The existing sewer system does not meet the
setback requirement to the Lake OHWL or public right-of-way..
Variance Request
In developing the proposed improvements, we have strived to increase the setbacks to the
minimum allowed or to increase the setbacks over the existing condition where possible.
The proposed house/garage meets or exceeds the setbacks to the north and south property lines
and increases the setback to the OHWL as compared to the existing house. With the addition of
the garage, the proposed 25 feet setback to the public right-of-way is less than the minimum 40
feet required. However it does allow adequate distance to park a vehicle on the driveway
without infringing on the public right-of-way.
The proposed shed meets or exceeds the setback to the north and south property lines. It is not
possible to meet the setback from the Lake OHWL and public right-of-way due to the lot depth.
However, it has been located to maximize the setback to the Lake OHWL taking into account
other constraints.
The proposed sanitary sewer system exceeds the setback to the north and south property lines
and Lake OHWL. In setting the new sanitary sewer system, attempts were made to maximize
the setback to the Lake OHWL while still maintaining a workable distance (5 feet) to the public
right-of-way. With the exception of the access to the tanks (which will be basically at ground
level) the tanks will be below grade and not be an obstruction along the street or be visible to
passerbys. The proposed sewer location makes the new connection to the existing sanitary sewer
and helps increase the landscaping area in front of the new house on the site.
We feel removing the existing structure and constructing a new house, garage and shed will be
an improvement to the property and enhance the value and appearance of the surrounding
neighborhood. We feel these improvements will be compatible and consistent with the other
structures in the neighborhood and those being built at other locations around the Lake.
Therefore we are respectfully requesting the following variances to allow the reasonable and
prudent use of the property:
• Minimum setback from Lake OHWL to house/garage and deck from 100 feet to 38 feet
• Minimum setback from public right-of-way to house/garage from 40 feet to 25 feet
• Minimum setback from Lake OHWL to shed from 100 feet to 80 feet
• Minimum setback from public right-of-way to shed from 40 feet to 10 feet
• Minimum setback from public right-of-way to septic system from 40 feet to 5 feet
Structure Heiaht
The current zoning allows for a house/garage structure to be a maximum of 35 feet above the
existing grade. As shown on the enclosed cross section of the house/garage structure, the
anticipated maximum height to the peak of the roof is less than 33 feet. The proposed shed peak
is anticipated to be a maximum of 22 feet above the existing ground level. Therefore both
structures adhere to the current requirements.
U
Lot Coverage Ratio
The current zoning code allows 25% of the lot area above the OHWL to be covered by
impervious surfaces. Based upon the Proposed Site Plan, the proposed coverage ratio is 25%.
Wetlands
Based on the elevation of the lot and the existing flora on the property, it is not felt any wetlands
exist on the site. The Watershed District Plan adopted in 2010 does not identify any wetland on
this parcel. This will be further verified through discussions with the Watershed District as part
of their permit review and approval process.
Watershed District Coordination
A number of meetings and a field review has occurred with representatives of the Watershed
District. We have identified on the Proposed Site Plan the location of potential rain gardens and
erosion control fence. We will be working further with the Watershed District to obtain their
necessary permits for the proposed construction. We will also be working with the Watershed to
refine the plans to ensure storm water run off is adequately accommodated in rain gardens and
potential soil erosion is controlled both during and following construction by limiting the area of
construction and erosion control fence.
A permit application is being prepared to submit to the Watershed District for their consideration
at their August Board meeting.
Lot Grading/Restoration
The elevations of the lot will not change around the perimeter of the lot. However, final
elevations in the rain gardens is anticipated to be 12 to 18 inches lower than the surrounding
areas. In addition, approximately 10 inches of fill is proposed to be placed around the perimeter
of the house/garage and shed. This will allow a positive grade away from the structures to
facilitate surface drainage away from the structures. The extent of this fill away from the
structure, toe of slope, will vary from 5 to 15 feet depending on the side of the structure. The
volume of this fill is approximately 80 cubic yards. The entire area proposed to be filled is
above the 100 year flood elevation. These proposed elevations and grading limits are shown on
the Proposed Site Plan.
No grading or elevation changes are anticipated within a minimum of 15 feet of the Lake
OHWL.
Restoration of all surface areas disturbed by the construction will be re -graded and most
restored with grass. The rain gardens will have vegetation planted compatible with rain garden
moisture conditions. A number of flower gardens will also be re-established. Their exact
locations will be determined as part of the final restoration once the other activities have been
accomplished.
Tree Removal
Although not a part of the variance request and approval process, we wanted interested parties to
be aware that the project will require the removal of eight existing trees to accommodate the
structures, relocated septic system and rain gardens. Most of these trees are too close together so
they are not well shaped and are growing at an angle to seek adequate sunlight. Frequently limbs
fall off and occasionally a complete tree dies in this area. Removal of these trees will allow
other existing trees in the area to grow to become better trees. It should be noted the area along
the south property line and south west lot corner have numerous trees within the area shown as
"planting and trees" on the Existing Site Plan.
A ninth tree, a two inch maple, may also have to be removed as it is within the drip line of both a
cotton wood and a weeping willow tree and may be damaged while removing the other trees.
Several other trees may have to have limbs trimmed to facilitate the construction activities and
provide reasonable clearance to proposed structures and other new facilities. The trees to be
removed are identified on the Proposed Site Plan.
The following is a summary of why each tree needs to be removed as part of the project:
• 48" Willow Tree -It is within the footprint of the sidewalk, limbs interfere with the
existing and proposed structures. The current trunk is cracked and in poor condition.
Consequently it represents a potential safety hazard to the structures, vehicles and
residents.
20" Cottonwood - It is approximately 60 feet tall and is not a desirable species in a
residential setting. It is too large to be in a small residential lot. It is also in close
proximity to the new septic system excavation and it's root system would be significantly
impacted by the necessary excavation. The tree is relatively close to the proposed house,
garage and shed. On a small residential lot, this type of tree represents a potential safety
hazard to the structures, vehicles and residents.
• 12" Twin Willow Trees near existing raised garden (SW corner of lot) - These trees are in
the immediate area of the proposed shed and rain garden. They will interfere with the
construction of these elements and will be significantly impacted by the rain garden
construction. They also represent a potential safety hazard to the structures and residents.
16" Cottonwood near south property line - This tree is approximately 60 feet tall and is
not a desirable species in a residential setting. It is in the immediate area of the proposed
rain garden and its root system will be significantly impacted by the rain garden
construction. It is also too large to be in a small residential lot and represents a potential
safety hazard to the structures and residents.
12" Twin Willow Trees near compost - These trees slope significantly toward and over
the proposed house and shed. Therefore they will interfere with the proposed
construction. In addition depending on the ultimate location and size of the rain garden
(s), their root system will be and could be impacted by the rain garden excavation. These
trees represent a potential safety hazard to the proposed structures.
12" Box Elder - This tree significantly slopes toward and over the proposed house. It will
interfere with the construction and represents a potential safety hazard to the proposed
house.
2" Maple - This tree will be saved unless damaged during removal of other trees or
construction activities due to their proximity.
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