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6.a) Variances for Lot Requirements at 19107 Layton Ave., Scandia, MN, Bryan and Karen Crane, Applicants. - (� . �.� 444 Cedar Street,Suite 1500 Saint Poul,MN 55101 � 651.292.4400 � tkda.com I TKDA Memorandum To: Scandia Planning Reference: Crane Variance Application, Commission City of Scandia Kristina Handt, City Administrator Copies To: Bryan and Karen Crane, Applicants Gina Carlson, Architectur Project No.: 15023.013 From: Sherri Buss, Planner Routing: Date: January 16, 2013 SUBJECT: Crane Application for Variance from Lot Requirements, Setbacks and Lot Coverage for Single-Family Residence MEETING DATE: February 5, 2013 LOCATION: 19107 Layton Avenue Scandia, Minnesota APPLICANT: Bryan and Karen Crane 9425 Norwood Lane North Maple Grove, MN 55369 ZONING: General Rural (GR) District and Shoreland Overlay District 120-DAY PERIOD: April 13, 2013 ITEMS REVIEWED: Application and Site Plans received December 11 and updated Landscape Plan received December 18, 2012; revised plans and Calculations received January 15, 2013 BRIEF DESCRIPTION OF THE REQUEST: The applicants are proposing to build a home on a nonconforming lot in the Shoreland Zone of Big Marine Lake. The lot is .31 acres in size. The applicants are requesting variances from dimensional standards in the ordinance to allow construction of the home, including: lot size, structure set-back from the Ordinary High Water Level (OHWL) of the lake, structure setback from Layton Avenue, and lot coverage standard. The City previously granted a variance for construction of a home on this property in 2Q08, but that home was not constructed. An employee owned company promoting affirmative action and equal opportunity Crane Variance Staff Report Scandia Planning Commission Page 2 February 5, 2013 The Planning Commission discussed this request at its meeting on January 2, 2013. The Commission tabled the application, and directed the applicants and their representatives to make revisions to the plans to comply with the lot coverage standards in the Shoreland Ordinance. The applicants submitted revised plans and calculations on January 15, 2013. This staff report analyzes the revised plans based on the ordinance requirements. Changes from the previous plan include the following: • The applicants are proposing pervious materials for the driveway and entry sidewalk to replace the impervious surface proposed in the 12/26/12 plan that was previously discussed by the Planning Commission on January 2. • The proposed septic tank and well have been moved so that the new locations meet the setback requirements and no longer require a variance. • The size of the"storage area" has been reduced slightly. The other dimensions of proposed structures have not changed from the plan that the Planning Commission reviewed on January 2. The significant changes to the staff report, based on the revised plans submitted on 1/15/12, are in the section entitled Maximum Lot Coverage, below. The applicanYs representatives, Gina and Philip Carlson, also asserted on January 15 that the Shoreland Ordinance should not apply to this parcel because it was created before 2007, the date when the Shoreland Ordinance was adopted. They requested a determination from the City Attomey that the ordinance applies to this parcel. The Attorney responded with a letter on January 16 that concluded that the Shoreland Ordinance applies to this project. Ms. Carlson submitted a plan sheet identified as Option 2 (attached)that assumed that the Shoreland Ordinance does not apply to this parcel. Based on the Attomey's comments,the City will not consider Option 2. DETAILED EVALUATION OF THE REQUEST: The lot is located within the Shoreland Overlay District of Big Marine Lake, which is classified as a Recreational Development Lake and within the General Rural (GR) Zoning District. The parcel is a nonconforming lot within the Shoreland District (it was created in 1962). Requirements for nonconforming lots are detailed in Section 17 of the Shoreland Ordinance, and in Section 7.1 of the Shoreland Ordinance, as �eferenced in Section 17. The applicants are proposing construction of a home with an attached garage, deck, driveway, sidewalk, entry, septic tank and well. The revised plans submitted on January 15 are attached. Cvmprehensive P/an The Comprehensive Plan indicates that the General Rural (GR) District includes areas of mixed lot sizes, and will continue to do so. Single family residential use is supported in the GR District. The plan recommends that the General Rural Area be developed at a maximum density of four dwelling units per 40 acres, with a minimum allowed lot size of 2 acres. The Comprehensive Plan also notes the existence of many smaller lots in areas of existing lakeshore development within the GR District, and that this pattern will continue in the areas of existing development around Scandia's lakes. 1 Crane Variance Staff Report Scandia Planning Commission Page 3 February 5, 2013 The proposed residential use is consistent with the Comprehensive Plan's recommendations for uses and densities in the GR District. Lot Size The existing lot is .31 acres in size. The revised plan indicates that the area of the lot above the OHWL is 10,500 feet (.24 acres). The minimum lot size for existing lots in the Shoreland Overlay District of Recreational Development lakes is 2.0 acres, with a minimum lot width of 160 feet, the same dimensions as the underlying General Rural District. Existing non-conforming lots in the Shoreland District may be developed for single family residential uses without a variance if they are at least 60% of the dimensional standards for lot size and width as required by the zoning district and Shoreland Overlay District (Section 17.0 of the Shoreland Ordinance). The existing lot includes a total of 13,648 square feet, with 10,500 square feet above the OHWL. 60% of 2 acres is 52,272 square feet. The applicant therefore requires a variance from the lot size requirement to develop the proposed home on the lot. The ordinance requires a minimum frontage of 160 feet on a public roadway. The Shoreland Ordinance indicates that nonconforming lots that are within 60°/a of the requirement do not need a variance from the required frontage. The width of the existing lot and frontage on Layton Avenue is 113 feet. 60%of 160 feet is 96 feet. The lot therefore meets the frontaQe reauirements for nonconforminq lots in the Shoreland District. Setbacks The setback requirements in the Shoreland Overlay District of Recreational Development Lakes include the following: • Structure setbacks of 100 from the OHWL • Side yard setbacks of 10 feet for existing parcels that are 1.0 acres or less in size. • A 40-foot structure setback from the right-of-way line for a public street. The proposed structure (including deck and stairway) is approximately 30 feet from the OHWL of 942.2 feet on Big Marine Lake, and therefore requires a variance from this setback requirement. The proposed structure, including revised locations of the septic tank and well, meets the side setback requirements. The proposed structure is setback 28.8 feet from the right-of-way of Layton Avenue, and therefore requires a variance from this requirement. The residential structure meets the side setback requirements, but needs a variance from the reauired setback from the OHWL of Bica Marine Lake and the required setback from the Lavton Avenue riqht-of-wav. Maximum Lot Coverage The maximum allowed lot coverage in the Shoreland District is 25%. The ordinance requires that only the lot area above the OHWL be used to calculate coverage. The Planner noted this requirement to the applicants' representatives at a pre-application meeting, but the area above the OHWL was not identified on the first plan submittal or used for the impervious cover calculations. The area of the parcel above the OHWL is shown on the plans submitted on 1 Crane Variance Staff Report Scandia Planning Commission Page 4 February 5, 2013 1/15/12. The area above the OHWL on the parcel is 10,500; 25% of 10,500 is 2625 square feet. The applicants submitted a memorandum dated 1/9/13 that includes their calculation of impervious surface on the parcel. However, the calculation does not include all of the areas that the definition of lot coverage requires: The Shoreland Ordinance definition of Lot Coverage (Section 8, Item 8.4) is as follows: "A maximum of 25% of the lot may be covered with impervious surface. This includes all structures, decks, patios, walks and surfaced or unsurfaced driveways." The Planner's calculation of the proposed lot coverage, based on the ordinance definition and plan submitted on 1/15/12, is the following: House 1824 square feet Garage 844 square feet Deck 729 square feet Front Landing 132 square feet Sidewalk 130 square feet Driveway 500 square feet Stairvvav 120 sQuare feet TOTAL 4279 square feet The revised plans propose that the driveway, sidewalk and entry be constructed of pervious materials. Jim Shaver indicated to the Planner that the Watershed District has sometimes allowed a reduction of impervious surface by 50%for approved pervious pavements or surfaces. However, District rules state that sidewalks greater than 3 feet in width, and any surface that is impervious or could be compacted should be considered an impervious surface. The District rules do not consider decks to be impervious, but the Shoreland Ordinance does. The City could consider allowing pervious surfaces to be considered as 50% coverage, such as the deck, stairway, and pervious pavements, if the surfaces proposed are likely to have little traffic and remain pervious for the long term. The Planninp Commission should discuss whether anv reduction in the impervious calculation mav be considered if pervious surfaces are used for this project. If we the 50% reduction to calculating impervious surface for this application, the areas would be as follows: House 1824 square feet Garage 844 square feet Deck 365 square feet Front Landing 66 square feet Sidewalk 65 square feet Driveway 250 square feet Stairwav 60 square feet TOTAL 3474 square feet Based on the latter calculation, the impervious cover on the revised plan is 33%of the lot area, and exceeds the ordinance requirement that it be 25%or less. The revised plan requires a variance from the lot cover standard for either calculation. The Planner sent the application to the Carnelian-Marine-St. Croix Watershed District (CMSCWD)for review. The District's comment letter noted the following: � 1 Crane Variance Staff Report Scandia Planning Commission Page 5 February 5, 2013 "The Distict does not favor granting variances in these instances as fhey increase the possibility for negative impacts fo Big Marine Lake, one of the District's high value resources. However, we also realize that pre-existing sma!!lots require excepfions to be made and fhat fhis may be one of those sifuations. "This project will require a Districf permif for stormwater management, erosion conrol and shoretand buffers. The District recommends thaf the lake side sefback be maximized and the hardcover be minimized as much as possible, and that fhe Watershed District Permif be made a condition of the variance. The requirements of our permit will work to mifigate furfher impacts to the lake." The Planninq Commission should consider the revised plans and the District's comments in reviewinq the variance request. The lot area above the OHWL is small. It may be difficult to locate any sinale-famil drL wellinn on the lot with a Qarage and drivewav that meets the impervious surface requirement. However, the Citv mav onlv qrant a variance that is the "minimum action reauired to eliminate the practical difficultv." The proposed home with a larqe deck and third qaraqe stall/storage area may qo beyond the"minimum"area needed for a sinQle-familv residence. Accessory Structures The applicants are proposing an attached garage. No detached accessory structures are proposed in the application. Building Height The maximum building height permitted in the General Rural District is 35 feet. The City defines building height for gable roofs as "the vertical distance from the average of the highest and lowest point of the grade for that portion of the lot covered by the building to the mean height between eaves and ridge." Based on the definition, the height of the proposed structure is 16 feet. The buildinq meets the heiclht requirements in the zoninq ordinance. Wastewater Sysfem and Well The applicants are proposing to be added to the City's community septic system. The plans identify a location for the septic tank that will be needed on the property. A proposed well location is also identified on the plans. The applicants will nesd to obtain the required permits for the septic system and well from Washington County. The revised locations shown on the plans submitted on 1/15/13 meet the setback requirements. Stormwater Managemenf and Land Alteration The proposed site grading plan is shown on the site plan. The applicant needs to meet the requirements of the Carnelian-Marine Watershed District and the City's zoning and subdivision ordinance for stormwater management, erosion control and land alteration. The applicants will need to include a grading and erosion control plan in their application for a Building Perrnit. The erosion control plan should identify the specific Best Management � � �7 ' Crane Variance Staff Report Scandia Planning Commission Page 6 February 5, 2013 Practices that the applicant will use to manage potential erosion, and should be consistent with the Watershed District requirements. The proposed conditions require that the Applicant obtain a Buildinq Permit and Watershed District permit for this proiect. Landscape Plan The plans indicate that 1 ash tree with a diameter of 6" and 4 ash trees with diameters of 12° each will need to be removed to construct the new home. An existing large cottonwood that is diseased will also need to be removed. The applicants indicate that the 5 ash ("primary deciduous"trees in the Code's definition)will be replaced with a mix of 10 trees that are either deciduous trees with a 2.5" caliper trunk or coniferous trees that are at least 6' in height. The trees are indicated in the island area in the front yard, and at the side yard. The proposed tree replacement meets the ordinance requirement. The ordinance does not require the replacement of diseased trees. The landscape plan also shows proposed rain garden locations for stormwater management, and new plantings within the setback from the OHWL of the lake. The plan does not indicate the species and sizes of the trees that are proposed to be planted, and does not indicate the proposed ground cover in areas that will be disturbed. The proposed landscape plan generally meets the ordinance requirements in Chapter 2, item 3.12. The applicant should provide a revised landscape plan that indicates the species and sizes of the alant materials proposed on the landscape plan and the tvpe of qround cover that will be used for staff review. Agency Comments The Planner provided a copy of the application and plans to the Minnesota DNR and the Carnelian-Marine-St Croix Watershed District (CMSCWD). The DNR requested that the City determine whether the lot is currently owned by one of the adjacent owners—in that case it could not be subdivided to create a new nonconforming lot. The Planner reviewed the IoYs history and found that it is not currently or recently part of an adjacent parcel. CMSCWD comments are included in the appropriate sections of the staff report. DETAILED DISCUSSION OF THE VARIANCE REQUEST Ordinance 129 states that variances are allowed when the strict enforcement of the Development Code would cause practical difficulties because of circumstances unique to the individual property under consideration. The criteria for granting a variance include the following: • The applicant proposes to use the property in a reasonable manner not permitted by the Development Code. • The plight of the landowner is due to circumstances unique to the property, not created by the landowner. . The variance, if granted, will not alter the essential character of the locality. • The practical difficulties are not due solely to economic conditions. �1 Crane Variance Staff Report Scandia Planning Commission Page 7 February 5, 2013 • The proposed variance will not impair an adequate supply of light and air to adjacent properties, substantially increase the congestion of public streets, or increase the danger of fire or endanger public safety, or substantially diminish or impair property values within the neighborhood. • That 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. Variance Request The applicant is requesting a variance from the following Code requirements: • Lot size • Structure setback from the OHWL of Big Marine Lake • Structure setback from the road right-of-way of Layton Avenue • Lot coverage standard The applicanYs rationale for the variance request is as follows: • The existing nonconforming lot is not buildable without a variance. The current owners did not create the lot. • The existing lot is not large enough to allow for a single-family residence that would conform to all of the zoning requirements. • The single-family use is allowed in the zoning district. � A single-family home of the scale and design proposed fits the character of the surrounding neighborhood. The design of the home and proposed landscaping are consistent with the aesthetics of the area and the desire to protect scenic views. FINDINGS—VARIANCE REQUEST The following bullets present the Planner's findings related to the Cranes' 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 permilted when they are in harmony with ihe general purposes and intent of the o�cial control. The proposed residential use is consistent with the Comprehensive Plan's goals and policies for maintain residential uses in the General Rural District and Shoreland Zone. The Comprehensive Plan also includes goals and policies to "preserve, protect and enhance surface water quality in Scandia" and to design new development and retrofit existing development to reduce the volume of runoff and polluted runoff." Exceeding the impervious surFace coverage will generate additional surface water runoff, and may be in conflict with surface water management goals. The Planner recommends that the applicant consider options for reducin4 the amount of imaervious surface on the site to reduce the potential stormwater runoff to Bi� Marine Lake. The aroposed conditions include a requirement to obtain the required Watershed District permit for the proiect. 1 Crane Variance Staff Report Scandia Planning Commission Page 8 February 5, 2013 • The property owner proposes to use the property in a reasonab/e manner under the conditions allowed by official control(s). Single Family Residences are permitted uses in the General Rural District, and driveways are required for a single-family residence, subject to the other requirements of the development code. The proposed use is reasonable under the Development Code. • The pracfical diffrcu/ties are not caused by the landowner, and are unique fo the property. The practical difficulties for the requested variance from the setback requirements are related to the small size of the lot. The lot was not created by the applicants. It would not be feasible to develop a single-family residence on the property that meets the setback requirements from the OHWL of the lake and the road right-of-way. The variance for lot coverage is also related to the small size �f the parcel. The aqplicant and Planninq Commission will need to consider whether the size of the deck or stn.icture can be reduced to meet the coveraqe requirement, or whether the reauested structure size is reasonable and the variance should be qranted based on the small size of the qarcel . • The variance would not alter the essential character of the area. The surrounding area is a developed with single-family homes and cabins on a variety of lot sizes. The scale of the proposed home is similar to others on the lake. The variance would not alter the essential character of the area. • Economic conditions a(one shall not constitute pracfical difficulties. The practical difficulties are related to the small size of the existing lot. The difficulties are not solely related to economic conditions. • The proposed variance will not impair an adequate supply of light and air to adjacent properties, substantially increase the congestion of public streets, or increase the danger of�re or endanger public safety, or substantially diminish or impair property values within the neighborhood. The structure is unlikely to impair the supply of light and air to adjacent properties, increase congestion, increase the danger of fire, endanger public safety, or substantially impair property values. • Thaf the requesfed variance is the minimum action required to eliminate fhe practical difficulty. Lot size and setback variances: The proposed variances are the minimum actions needed to locate a single-family home and garage on the lot while trying to maintain separation from the lake. Lot coverage variance: The applicant and Planning Commission will need to consider whether the size of the deck or structure may be reduced so that no variance or a smaller variance is needed. The Cammission should discuss whether the pervious materials proposed will allow the reduced calculation of impervious surface. • Practica!di�culties include, but are not Jrmited to inadequate access to direct sunlight for solar energy systems. 1 Crane Variance Staff Report Scandia Planning Commission Page 9 February 5, 2013 The proposed home, garage and driveway will not affect direct solar access for surrounding properties. ACTION REQUESTED: The Planning Commission should discuss the Variance request, and can recommend the following for the Variance request: 1. Approval 2. Approval with conditions 3. Denial with findings 4. Table the request PLANNING STAFF RECOMMENDATIONS: The Planner recommends that the Planning Commission approve the proposed variance from the lot size requirement, and the setback requirements from the OHWL and roadway right-of- way. The Planner recommends that the size of the proposed deck and structure be reduced to meet or come closer to the coverage requirement. The Planner recommends the following conditions for the variance and conditional use permit: 1. The development on the property shall be in substantial compliance with the site plan and landscape plan submitted to the City on January 15, 2013. The variance allows construction of a single-family residence with attached garage that is setback 30 feet from the OHWL of Big Marine Lake, and 28.8 feet from Layton Avenue. 2. The applicants shall obtain a Building Permit from the City prior to construction of the home, septic system and well. The grading and erosion control plan required for the building permit shall include the following practices: a. The applicant shall protect existing trees during construction that are not identified on the plan for removal. b. The grading and erosion control plan shall include the Best Management Practices required by the Carnelian-Marine-St. Croix Watershed Dist�ict. 3. The applicants shall obtain the required Watershed District permit for storm water management and erosion control. 4. The applicants shall obtain the required septic system and well permits from Washington County. 5. The applicants shall provide a revised landscape plan that indicates the species and sizes of the plant materials proposed on the landscape plan, and the type(s) of ground cover that will be used for staff review. 6. The Applicant shall pay all fees and escrows. � 1 ' + W:ArchffekturGo.com ■ � � � Lf�' P:612.805.3966 E:info@ArchifekturGo.com 1 l61 E Wayzata 81vd., #154, Wayzata, MN 5539] 1-29-13 TO: The City of Scandia Planning Commission. REF: As follow-up to the Staff Report Issued January 16, 2013 regarding 19107 Layton Avenue—New Residential Construction for Bryan and Karen Crane MEMORANDUM 1-29-13 In reviewing the Planner's Staff Report dated January 16,2013,we are in agreement with the Planner's interpretation of the Code. RESPONSE TO DETAILED EVALUATION OF THE REQUEST: Guided by the City Ordinance and Codes Chapter 5 of the Shoreland Overlay District, the chart in Chapter 2 (2.6) (7), and the Watershed District Rules on the Surface Water Management Plan adopted by the City of Scandia, the property owners have reduced the hardcover from 4,008 to less than 25% or a maximum of 3,412 SF in compliance with all requirements; no lot covera�e variance is required. There are 3 variances to be approved; 1) road setback from the right-of-way line, and 2) lot setback from the lake, and 3) lot size. ROAD SETBACK: The road setback per plan is 28.20 feet, or 1 1.8 feet short of the required 40 feet from the right- of-way line which is the same as the property line. The structures per plan are 40 feet back from the road edge. The previous variance that was approved in 2008 had a road setback of 15 feet, so this application is almost doubled in length. We request variance approval of the setback at 28.20 feet as shown on the attached updated Lot Certificate dated 1-29-13. LAKE SETBACK: We request that the City approve the setback from the lake as submitted on the Site Plan dated Jan. 9, 2013 given to the Watershed and submitted to the City with the Staff Report dated 1-16- 13. Currently, the Watershed administrator as made no issue of what has been submitted, and leaves the determination up to the City. Since there are at least 3 different ways to determine setback, we request that the city agree with the plan submitted to the Watershed, and accept our 1 submittal dated Jan. 9, 2013 and submitted with the Staff Report dated 1-16-13 for variance approval on setback from the lake. LOT SIZE: This lot is 13,648 SF; significantly less than the standard. The lot was plated in July 1962. Since the property owners have not created this hardship as reviewed by the DNR,the approval of the variance for an undersized lot due to hardship is requested. LOT COVERAGE: We agree with the Shoreland Overlay District Chapter 5 (7.1) and (8.4) and rely on Chapter 2(2.6) (7) in determining lot coverage, along with the Surface Water Management Plan within the Watershed District Rules adopted by Scandia. In the City Ordinance, both Chapter 5 (8.4) and Chapter 2(2.6) (7) allows 25% of the lot to be hardcover or(13,648 x .25) 3,412 SF maximum. The Planner adds calculating impervious surface at 50% according to the City's Surface Water Management Plan. All conditions have been met as follows: District Approach Square feet House 1,824 Garage 844 50% of impervious: Deck (729) 364.5 Front Landing (4 x l 5.5) 31 Sidewalk(90) 45 Driveway (20 X 28.2) 254 Stairway off deck (3 X 31) 46.5 Total 3,409 SF In analyzing the Staff Report, and the plan dated 1-09-13 submitted to the City attached to the Staff Report January 16, 2013, the property owners have met the 25% lot coverage standard with their proposed plan, and therefore no variance should be required. See the attached Site Plan dated 1-29-13 that is submitted after review of the Staff Report requirements. Submitted by, Arc.1�►.i�Q•lc.fur, 1 v�.c.� Gina Carlson Approved by Property Owners: Bryan Crane and Karen Crane Attachments: Updated Lot Certificate 1-29-13 and Site Plan 1-29-13 2 444 Cedar Street,Suite 1500 Soint Paul,MN 55107 651292.4400 � tkda.com TKDA Memorandum To: Scandia Pianning Reference: Crane Variance Application, Commission Revised Plan and Memo submitted January 31, 2013 Copies To: Kristina Handt, City Administrator Bryan and Karen Crane, applicants Gina Carlson, Architectur Project No.: 15023.013 From: Sherri Buss, RLA AICP, Routing: Planner Date: January 31, 2013 Revised Submittal The Cranes' architect submitted a revised plan and memorandum for City consideration on January 31, 2013. Copies of the plan and memo are attached. This rnemo summarizes the key elements of the revised p�an for Planning Commission consideration on February 5. The plan and memo note the following: • The plan indicates that the total lot size is 13,648 square feet, and notes that in the General Rural District the maximum lot coverage is 25%. The architect suggests that the allowed lot coverage is therefore 3,412 square feet. The lot size does not meet the minimum requirement of the City's ordinance, and therefore requires a variance. • The memo includes a proposed method for calculating impervious surFace that counts the house and garage as 100% impenrious, and the deck,front landing, sidewalk, driveway and stairway as 50% impervious. Based on these assumptions, the architect calculates the total impervious coverage as 3,490 square feet. • The proposed structure setback is 28.2 feet from the roadway right-of-way. • The proposed structure setback from the lake is the same as January 9 submittal— approximately 40 feet. (The graphic scale on the plan does not match the scale of the drawing.) • Project would require a variance for lot size and for the structure setbacks from the roadway and lake. The Planner has identified two key issues related to the revised drawing: • The revised submittal ignores the lot coverage requirements of the City's Shoreland Ordinance. An employee owned company promoting affirmative action and equal opportunity Crane Supplemental Memo Scandia Planning Commission Page 2 February 5, 2013 • The applicant requests credit toward the coverage requirement for the use of pervious materials on some surfaces. The City currently has no standards for granting credit toward the lot coverage requirement for permeable surtaces. These issues are discussed in the next section. Lot Coverage Issues The City of Scandia has adopted Chapter 5 of the Development Code, Shoreland Management Regulations, to comply with Minnesota Statutes Chapter 103F and Minnesota Statutes, Chapter 462. The ordinance designates a shoreland overlay district around each public water body within the City, per state requirements. Section 5 of the ordinance notes that Big Marine Lake (Public Water Inventory#52) is classified as a Recreational Development Lake. Item 5.2 notes that the shoreland area for the water bodies listed in the section is identified on the City's Zoning Map. The Crane's parcel is clearly within the Shoreland Overlay District of Big Marine Lake that is identified on the Zoning Map. The Shoreland Ordinance applies to all lots within the Overlay District, regardless of the date when the lot was created. The Cranes' lot is a nonconforming lot within the Shoreland Overlay District, because it was created before January 1, 1973. Lot Coveraqe Calculation As with all overlay districts,the requirements in the Shoreland Overlay District supersede those of the underlying district, the General Rural District. The Shoreland Ordinance Section 7 Lot Requirements, Item 7.2 notes that "Only land above the ordinary high water level (OHWL) of public waters can be used to meet lot area standards. Lot width standards must be met at the ordinary high water level, road and at the building setback line." The Planner consulted with the DNR's Hvdroloaist for the area, Mollv Shodeen, and confirmed that the "lot area standards" referenced in the ordinance include the standards for lot coveraqe. • The revised plan indicates that the area above the OHWL on the Cranes' parcel is 10,500 feet. • The maximum lot coverage in the Shoreland Overlay Zone is 25%. Therefore. the maximum lot coveraqe allowed without a variance for this parcel is 2625 sQuare feet. • The Shoreland Ordinance (Section 8, Item 8.4) requires that lot coverage includes"all structures, decks, patios, walks, surfaced or unsurfaced driveways." Based on the ordinance repuirement the area of impervious cover(all proposed structures) on the revised plan is 4 206 sauare feet, or 40% of the area above the OHWL. The Planner provided the information regarding the Shoreland Ordinance lot coverage requirements to the applicants' architect at a pre-application meeting, and has reiterated the requirement at subsequent meetings with the architect. The City Attorney's comments regarding the Shoreland Ordinance were included as an attachment to the staff report for the February 5 meeting. Stanek Variance Applicafion Previous owners of this parcel (the Staneks) requested a variance for several dimensional standards to construct a home on this property. In response to Planning Commission direction, the Staneks reduced the impervious surface on the parcel so that no variance was needed from the ordinance standard. The Stanek variance included the following: 1 Crane Supplemental Memo Scandia Planning Commission Page 3 February 5, 2013 • The surveyor for that application found that the area on the parcel above the OHWL was 10,350 square feet. • The applicant initially requested 33.9% coverage. The coverage in the final plan that was approved for the variance was 2,566 square feet, 24.8% of the lot area above the OHWL. • No credit was given for pervious surfaces. The Planning Commission discussed the issue as part of the application, but the applicant reduced the proposed impervious area, and no credit was needed or granted. Potenfial Credit for Use of Pervious Pavements The Planner's staff report on this application for the January meeting suggested that the Planning Commission could consider granting a 50% credit for areas of pervious pavements included in the plan. This suggestion was made based on discussions with Jim Shaver, administrator of the Camelian-Marine-St. Croix Watershed District(CMSCWD). Mr. Shaver noted that the District has on occasion given 50% credit for pervious pavements, if the pavement design is approved by the District. Mr. Shaver indicated to the Planner after the January Planning Commission discussion that the Watershed District's rules do not grant credit for pervious surFaces. Therefore, there is currently no standard in the Watershed rules or the City's ordinance for granting credit for pervious surfaces. Mr. Shaver also noted that the Watershed District's engineers would not count decks as impervious cover for calculating stormwater runoff. This standard differs from the City's adopted Shoreland Ordinance. The City's ordinance is consistent with DNR requirements. The Planninq Commission should discuss whether the CitY will consider a credit for pervious surfaces in Shoreland or other areas of the Citv, as requested bv this applicant. Some considerations include the follawinq: • The DNR has allowed credit for the use of pervious surfaces and other innovative stormwater best management practices toward lot coverage requirements in Shoreland Districts in some communities. However, the applicant's engineer needs to complete a stormwater calculation that shows that the innovative practices will result in n.moff that is the same or less than would occur on the site with a maximum impervious area of 25%. • Pervious su�faces are generally not granted a 100% credit. The pervious character of the surfaces generally declines over time as the soil is compacted by automobiles or other uses or compromised by sediments, so that the credit given may be 50°� or another amount less than 100%. • Pervious surfaces are being used more widely in the Metro Area and are required in some situations by Watershed Districts. They are accepted best management practices for stormwater management in many communities. If the Planning Commission wishes to give credit for the use of these surfaces, some considerations include: o The City may wish to have the Watershed District indicate whether the specific surface{s) proposed by applicants are acceptable. o The City should determine the degree of credit that would be given. o The City may wish to include a condition when pervious pavements are credited that the surfaces be installed by a contractor that can demonstrate that they have successfully installed the system in other locations, and require that the CMSCWD or Washington Conservation District inspect the installation of the surtaces. 1 Crane Supplemental Memo Scandia Planning Commission Page 4 February 5, 2013 Variance Request The Planner's analysis indicates that the applicants are requesting variances for the following: lot size, structure setback from the OHWL, structure setback from the road right-of-way, and lot coverage. The staff memo for the February 5 Planning Commission meeting addresses the variance request and proposed conditions. I 1 ;%�� Garden — Native �o am�: NEW NEW Plantin // NEW FT. T C n'f ro Tr es 26.81 5 . �� s2.�3 RESIDENCE ?�lew Bufifer i TE SPRUCE N W SWALE WHITE S R CE o \\\ Ndtive Plantings 19107 226:70 SF I — — — � — — —I �� Layton s2.o � � ' Ave 14A � I Scandia , Minnesota �,a � a � o =W � I BRYAN & KAREN CRANE Proposed � N Q • z� � I I 9425 NORWOOD LN N Septic Z o w i ' MAPLE GROVE, MN 55369 StorageTank I �� Meets � _ Setbacks 2p.p W I 4.0 �}z �.i J �Zz Z e bl Pe eab e meable �w S a I � � �, �o��«�a ��g: � � o ARCHITEKTUR, INC. tree � � � I Y E 0 ■ — � 1167 E. Waytata 55397 54 Wayzata. MN R ad Edge I 4 P: 612-805-3966 22� E: Archltektur.goOqmalLcom � � � � ... �� o i K �on: \ Per eab �� W � .. I � Su�face `� �� I F_.. �,� Dri��ewoy N� � �� , _ � � , � . . . . u m,'o: / I �Y z . .. - .. . �� ' _ � � �.r. �wwm o.r - --- 54.0 �� z-o9-iz Drawing leeued TE SPRU E - --- __ t4'0 5 ,s-ze-,z ReNsed srot�� a� .,at�� L - - - - � 974.14 SF Re,�� p�, �a��9� New Buffer `` ,-03-,3 Woterehed NEW �2 o N SWAL o \ � ' ive Plontings ,-„-13 RQR�D��t�� . - . .. 1-29-13 �16-13 .— Reoat 28.20 4.00 49. � / . \ m r : —� \ . / ' � . GA1C GMC t�A'�� __ �� 5p. 561 �o�ss a �«�: Gina Carlson AIA Associate � $i9naturo 3057150] 12-09-12 AIA No. Date O �I � / i SITE & LANDSCAPE PLAN Lot Area Calculations Hard Cover SF Calculations Legend Symbol � ro o.: General Rural District House 1824 Swale � DEVELOPMENT PLAN PROPOSED AS BUILT I � Total Lot =13,648 Garage =844 I Coniferous Tree(8) � ,�g „ o.. House T e Walk Out o N�R Yp 25/o of Total Lot=3,412 Deck&Stairs=P 411 I Deciduous Tree(2) � 1 o f � iBsmt. Floor Elev. 948.00 Lot Established prior to 12-4-2007 8� Sidewalk/Landing=P 76 � Permeable p o 30 Garage Floor Elev. lamendment to the Development Code Driveway=P 254 I Top Foundation Elev. Ordinance No. 107 Total=3,409 SF Meets Code sc,u.E IN FEE'r . � i . y � '- p. ..:;,� ,_ - ;�s .f:,",, .:.s '�. ,�� . , � � b �� f ` ' a ,.' } . ., fl�/`.{� � __ r L'�.. r .G f ^ v .r �'1 � �7' � ' � } .t.N- +�`i. � r''' � _ Y` „`,', !d � �. e� . �� > , r��w� !L� ' ' ��f�' �.,. �fa3 .....U, a..r � .:r��.�r'F� , Carnelian Marine-St. Croix Watershed District �� Scandia Plaza 11�2t1�o Orark Avmue+ P.O.Box 188•Sc�ndia,AAN Sg073'Tel 65�.433.�i�o � February 4,2013 ~_��.� �. �� B,�S FEB -4 2 Q 13 TKD.A 444 Cedar Stree#, Suite �500 � G!TY OF SGA.l�DIA St. Pau1,MN re: CMSCWD Permit Application 13-OQ/Craae Variance Application Dear Ms. Buss: The District received revised plans for fhe above project in yo�ur email of Javuary 16`�: The documents refer to an"administ�ative approval"by the Waters�iecl Districi. My lettez�o the applicant and their�esi�mer of January 10�'clearlp sta.tes that the�e has been no project a}�proval of any kind for their submis�ion. This is also the case o#'this mare recent submittal_ The applicant's submittal lett�x implies th�t they have met all conditions that wauld need a vari�nce. After review of the revised plan,I do�' agree with thei�assessmen� This proposal exceeds Se�ndia's hard cover requirem�nt in that it e�cludes square footage of pervious paving systern.5 from its calculations. Since these systems ars depencient�nn a regulax maintenance schetivle and+cannot be ins�zed,the District agrees vvith Scandia's position i�n#3�u�regard. ln addifiion,the setback�ieom the OHW is incc�rect and must be�easured from the closest location of this elevation. It is app�rent that this will r�quire a variance also. As stat�d in the Dis�rri�Ys origina.l comum�t letter, "the District does not favor granting variances in these instances as they increase the possi�ility for negative irnpacts t�Big Marine Lake,one of the District's high vaiue resouzc.es. H.owever,we also realize tl�at pre-e�istang small lots require exceptions to be m�d�and that this may b�one nf those situati0ns." The current plan shows raingard�ns antl'buife�s tha#should be able ta satisfy fbe District's storm water and buffer requirements if the City chooses to grant the variancs requests and if certain additional site conditibns are veri$ed. e-mail JShav�sla��it�1SCl��D.ot� —'-` _.__� ____.� website www.C:AASCWD.org Thank you for�e opportunity to comm�nt on khis�evised plan aad do not hesita#e to call if�you hav�at�y question:s. S'incereiy, �f,�, �� _ -.,--.. .. .�_..,� ..-- _ r''Jim Shav�r Ffl.tiministr�tor ; '� cc: Kristina Handt uca�►clia Bry�n gnd Karen Crane Gina Carl�on Aichitektur Philip Car�s�n �klue Sky Gra�p Carl Almer EOI2 e-ma�y j.5'navcT�C'1V�iSt;1�Vi�,t>ry welasita www.CAASCVVC).org