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4.b) Staff Report-JessupVariancePC8 5 14 Memorandum To: Scandia Planning Commission Kristina Handt, City Administrator Reference: Jessup Variance Application, City of Scandia Copies To: David and Judith Jessup Project No.: 15485.014 From: Sherri Buss, RLA AICP, Planner Routing: Date: July 28, 2014 SUBJECT: Jessup Variance Application MEETING DATE: August 5, 2014 LOCATION: 18773 Layton Avenue North Scandia, Minnesota APPLICANTS: David and Judith Jessup ZONING: General Rural (GR) District and Shoreland Overlay District 60-DAY PERIOD: September 13, 2014 ITEMS REVIEWED: Application, Survey, Plans and Photos received July 15, 2014 BRIEF DESCRIPTION OF THE REQUEST: The applicants are seeking to build a new single-family home with attached garage, new septic system, and shed on the parcel at 18773 Layton Avenue North. Construction of the home, septic system and shed in the proposed locations will require a variance for lot size, minimum setback from the Ordinary High Water Line (OHWL) of Big Marine Lake and the setback from the right-of-way of Layton Avenue North. The applicant’s parcel is approximately .3 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. Jessup Variance Staff Report Scandia Planning Commission Page 2 August 5, 2014 DETAILED EVALUATION OF THE VARIANCE REQUEST: The applicants are requesting a variance to construct a new single-family home and related structures on their property. The new home and shed will replace the existing home and shed on the parcel. The property is relatively small in size, with a depth of 110 to 130 feet. It would not be possible to construct a home on the parcel that meets the required setbacks from both the OHWL and the road right-of-way of Layton Avenue. Therefore, the applicants are requesting a variance from the lot size and setback requirements of the Zoning Ordinance The sections that follow discuss the criteria and rationale for granting a variance related to this application. 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, that areas around the lakes in Scandia that do not meet the lot size and density standard, and that this will continue. 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 applicants indicate that the proposed structure locations will maintained the same setbacks from the OHWL of Big Marine Lake as the existing structures on the parcel to avoid additional impacts to the lake; and that they have worked with the Carnelian-Marine-St. Croix Watershed District (CMSCWD) staff to identify locations for rain gardens on the property to manage the additional stormwater that would result from the new construction. The proposed use of the property is generally consistent with the goals of the Comprehensive Plan for the General Rural District and Shoreland Overlay District. Development Code Requirements: Lot Size and Setbacks The applicant’s lot is .3 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 Development Code permits replacement of an existing building on a nonconforming lot without a variance if it complies with all other provisions of the ordinance. However, because the proposed buildings require variances from the setbacks required in the Shoreland District, the lot size also requires a variance. The required setbacks for structures (including septic systems) 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 The applicant’s proposed setbacks include the following: Jessup Variance Staff Report Scandia Planning Commission Page 3 August 5, 2014  The house and deck setback from the OHWL: 38 feet  The shed setback from the OHWL: 90 feet  The house/attached garage setback from the road right-of-way: 25 feet  The shed setback from the road right-of-way: 10 feet  The proposed septic tank setback from the road right-of-way: 5 feet Accessory Structures The Development Code allows 1 accessory structure on lots that are less than 1 acre in size, with a total size of 720 feet, plus a shed with an area of 120 square feet or less. The parcel includes an existing shed that is approximately 90 square feet in size. The applicants are proposing to remove the existing shed to meet the lot coverage requirement. The applicants are proposing to construct a new shed that will have a footprint of 168 square feet. The proposed accessory structure meets the ordinance requirement. Accessory structures may not include a dwelling unit, and may not be rented, leased, or sold separately from the rental, lease or sale of the property. The Planner has included this requirement as a proposed condition for granting the variance. Lot Coverage The Development Code permits up to 25% lot coverage on the area above the OHWL in the Shoreland Overlay District. The certificate of survey indicates that the proposed lot coverage is 25% of the lot area. The parcel would meet the coverage requirement with the proposed new construction. Building Height The maximum structure height permitted in the General Rural District is 35 feet. The proposed height of the home is approximately 22.75 feet, based on the height definition in the Development Code. The applicants indicated that the maximum height of the proposed shed will be 22 feet above ground level (therefore a lower height based on the ordinance definition). The proposed structures meet the height requirement. Driveway Access There is an existing parking area that provides access to the parcel from Layton Avenue. The applicants are proposing to add a paved driveway for access to the new garage. The driveway width and material meet the ordinance requirement and engineering standards. The garage is proposed to be located only 25’ from the roadway right-of-way. City staff recommend that if the variance is approved, a condition be included to prohibit parking on the Layton Avenue right-of-way from November 1 to April 30, to allow for snow-clearing, and prevent potential property damage and future claims against the City. Wastewater Treatment The Planner sent a copy of the application to Pete Ganzel, Washington County Health Department, for review and comment. Pete Ganzel provided comments in an email dated July Jessup Variance Staff Report Scandia Planning Commission Page 4 August 5, 2014 31. His comments noted that the new system should use the existing connection from the lateral pipe to the main, without open trenching in the street. He noted that the applicants will need to obtain a tank installation permit from Washington County. Tim Kieffer, Scandia’s Director of Public Works, indicated that Pete will inspect the new installation. Minnesota Rule 7080.2150 requires that septic tanks be setback a minimum of 10 feet from the roadway. The variance recommendations include a requirement that the setback for the septic system meet the 10’ requirement, rather than the 5’ setback requested by the applicants. The Planner included a condition that the applicants obtain the required septic system permit from Washington County. Stormwater Management The Planner sent the application to the Carnelian-Marine-St. Croix Watershed District (CMSCWD) for review and comment. The applicants have been working with the District to locate and size rain gardens to manage the stormwater that will be generated by the increased impervious surfaces that would result from the proposed construction. The Planner did not receive comments at the time that this report was submitted for the Planning Commission packet. Any comments received prior to the Planning Commission meeting will be provided on August 5. The Planner has added a proposed condition that the applicants shall obtain the necessary Watershed District permit. Vegetation Management/Landscape Plan The Shoreland Ordinance requires no cutting or removal of trees over six (6) inches in diameter within the required building setback, unless the trees are dead, diseased, or pose a safety hazard, but exempts tree removal when required for construction of structures and sewage treatment systems when a building permit is issued. The applicants propose to remove eight total and trees, and four trees that are located within the 100’ setback in order to construct the structures, rain garden and septic system. The four trees within the setback are located near the south property boundary. A significant number of trees will remain on the south boundary to provide screening if the four trees are removed. The Shoreland Ordinance permits the removal of trees for construction when a building permit is approved. The Zoning Ordinance does not require tree replacement for single-family residential projects in residential zoning districts. DNR Comments The Planner sent the application to the DNR for review and comment. DNR staff had no comments on the variance application. CRITERIA FOR VARIANCES AND FINDINGS Chapter 1, Section 6.0 of the Development Code and Minnesota Statutes 462.357 include the criteria and required process for granting variance requests. Jessup Variance Staff Report Scandia Planning Commission Page 5 August 5, 2014 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 applicants are proposing to expand the home to permit year-round residence at the property.  An attached garage will include storage for vehicles and other household items. The storage shed will provide storage for maintenance of lawn and garden maintenance equipment. The inside storage will protect the equipment and shield it from view.  The variances are required due to the small lot size. The depth of the lot (110-130 feet) does not allow reasonable use without variances from the required setbacks from the OHWL and road right-of-way.  The applicants have positioned the proposed structures to place them as close to the roadway as possible, and minimize the intrusion into the setback from the OWHL and potential impacts to the lake.  The structure setbacks will be similar to those of other structures in the area. Findings The Jessups are requesting a variance to construct a new single-family home with attached garage, new septic system, and a new shed on their property. The proposed construction requires a variance from the lot size requirement, and the required setbacks from the OHWL and roadway right-of-way. The following bullets present the Planner’s findings related to the Jessups’ 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. Jessup Variance Staff Report Scandia Planning Commission Page 6 August 5, 2014 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. The applicants are proposing to place the new primary structure at the same distance from the lake as the existing structure and as close to the road right-of-way as possible, to minimize new impacts to the lake. The applicants propose to create rain gardens to manage stormwater from the additional impervious surface that will be constructed on the parcel. The request is in harmony with the general purposes and intent of the official controls.  The property owner proposes to use the property in a reasonable manner under the conditions allowed by official control(s). Single-family residences are permitted, and therefore reasonable, uses in the General Rural District and Shoreland Overlay District. Garages are a typical accessory use on residential properties, and are a necessity in Minnesota’s climate. The City supports accessory structures that provide storage for equipment and personal property, to maintain the appearance of neighborhoods in Scandia. 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 parcel depth does not permit the development of a reasonably-sized single-family home on the parcel without a variance from the setback requirements. 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 single-family homes and accessory structures with similar or smaller setbacks from the lake and roadway. 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, which does not allow for reasonable use permitted by the Zoning Ordinance without a variance. 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 replacement of the existing home with a new single-family home will not increase congestion, endanger the public, or substantially diminish or impair property values in the neighborhood. Jessup Variance Staff Report Scandia Planning Commission Page 7 August 5, 2014  The required variance is the minimum action required to eliminate the practical difficulty. The proposed location of the structures maintains the existing structure setback from the lake, and places the structures as close to the roadway as possible to protect the lake. The locations maintain a reasonable setback from the roadway right-of-way. The proposed two-story structure allows for expansion within the impervious surface requirement in the Development Code. The required 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 PLANNING STAFF RECOMMENDATIONS: The Planner recommends that the Planning Commission recommend approval of a Variance to permit construction of a new single-family home located a minimum of 38 feet from the OHWL of Big Marine Lake and 25 feet from the roadway right-of-way of Layton Avenue North; to permit construction of a shed a minimum of 80 feet from OHWL and 10 feet from the road right-of-way; and to construct an on-site septic system a minimum of 10 feet from the roadway right-of-way on the property at 18773 Layton Avenue North. The Planner recommends the following conditions for the variance: 1. Development of the property shall be consistent with the plans submitted to the City on July 15, 2014. 2. The applicants shall obtain a building permit from the City. 3. The applicants shall remove the existing shed before the City approves the building permit for the garage. 4. The applicants shall obtain the required Watershed District permit. 5. The applicants shall obtain the required septic system permit from Washington County. 6. The garage shall not include a dwelling unit, and shall not be rented, leased, or sold separately from the rental, lease or sale of the property. Jessup Variance Staff Report Scandia Planning Commission Page 8 August 5, 2014 7. Parking shall be prohibited on the Layton Avenue North right-of-way between November 1 and April 30. 8. The Applicant shall pay all fees and escrows associated with this application.