Loading...
4.c) Staff Report-18567 Lamar VariancePC10 7 14 Memorandum To: Scandia Planning Commission Kristina Handt, City Administrator Reference: 18567 Lamar Variance Application, City of Scandia Copies To: Shanna Anderson, applicant Project No.: 15485.022 From: Sherri Buss, RLA AICP, Planner Routing: Date: September 30, 2014 SUBJECT: 18567 Lamar Variance Request MEETING DATE: October 7, 2014 LOCATION: 18567 Lamar Avenue North Scandia, Minnesota APPLICANT: Shanna Anderson ZONING: General Rural (GR) District and Shoreland Overlay District 60-DAY PERIOD: November 16, 2014 ITEMS REVIEWED: Application, Survey, and Plans received September 16, 2014 BRIEF DESCRIPTION OF THE REQUEST: The applicant is seeking to build a home on the parcel at 18567 Lamar Avenue North. The proposed location of the home will require a variance from the required setback from the right- of-way of Lamar Avenue and from the required rear lot line setback. Variances may also be needed from the required setbacks for septic systems, based on the final location that the applicant proposes for the system and back-up area. The applicant’s parcel is approximately .19 acres in size. There is an existing home and a small shed on the parcel. 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. 18567 Lamar Variance Staff Report Scandia Planning Commission Page 2 October 7, 2014 DETAILED EVALUATION OF THE VARIANCE REQUEST 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 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 .19 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 required setbacks for structures (including septic systems) in the Shoreland Overlay District and General Rural District are the following:  Structure setback from the OHWL: 100 feet  Septic system setback from OHWL: 75 feet  Side setbacks: 10 feet for lots that are less than 1.0 acres in size  Rear setback: 50 feet  Structure setback from the roadway right-of-way: 40 feet  Septic system setback from property lines: 10 feet The applicant’s proposed setbacks include the following:  The house and septic system setback from the OHWL: over 200 feet  The proposed side setbacks for the building are 10 feet and 16.8 feet  The proposed setback from the rear lot line is 40 feet  The proposed setback from the roadway right-of-way is 20.3 feet  The proposed septic system locations are approximately 2 feet from the property lines. The Planner requested that the applicant work with her septic system designer to move the proposed locations to try to meet the setback requirements. The proposed home requires a variance from the required setbacks from the rear lot line and roadway right-of-way. The proposed locations for the septic system and back-up area may require a variance. Accessory Structures The Development Code allows 1 detached 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. There is an existing shed on the parcel that the survey indicates will be removed. No accessory 18567 Lamar Variance Staff Report Scandia Planning Commission Page 3 October 7, 2014 structures are proposed, and the addition of structures would exceed the coverage requirement in the Shoreland District. The proposed plan meets the ordinance requirement. The existing shed must be removed to meet the coverage requirement. 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 will be 21 feet (one and one-half stories), and the height of the garage will be 15 feet, based on the height definition in the Development Code. The proposed structures meet the height requirement. Driveway Access The proposed site plan includes a driveway access to Lamar Avenue. The driveway width and material shown on the plans meet the ordinance requirement and engineering standards. Wastewater Treatment and Well The certificate of survey shows a proposed septic system location and secondary septic area approximately 2-3 feet from the side and rear lot lines. Minnesota Rule 7080.2150 requires that septic absorption areas be located 10 feet from property lines, unless the local government grants a variance from the setback. The Planner requested that the applicant determine if the septic system can be moved to better meet the setback requirement. The applicant has requested a revised plan, and it will be provided at the Planning Commission meeting if possible. Stormwater Management The Planner sent the application to the Carnelian-Marine-St. Croix Watershed District (CMSCWD) for review and comment. District comments via email included the following:  The District will require a permit for this project. The District would appreciate it if the City would add a CMSCWD Permit to any stipulations for the variance, if granted. The Planner has added a proposed condition that the applicant shall obtain the necessary Watershed District permit. Vegetation Management/Landscape Plan 18567 Lamar Variance Staff Report Scandia Planning Commission Page 4 October 7, 2014 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 noted that the proposed site plan is at the maximum coverage for the site. No additional coverage, including decks or patios, may be added without a variance. 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. 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 applicant noted the following in their rationale for the variance request:  The reduced setback from the roadway right-of-way helps to minimize the impervious coverage on the parcel. Findings Shanna Anderson is requesting a variance to construct a new dwelling with an attached garage on the parcel. The following bullets present the Planner’s findings related to the Anderson 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. 18567 Lamar Variance Staff Report Scandia Planning Commission Page 5 October 7, 2014 The Comprehensive Plan and Development Code support single-family residential uses and related accessory uses in the General Rural District and Shoreland Overlay District. The Plan and Code support protection of water resources including Big Marine Lake. The applicant is requesting the variance from the setback requirement from the roadway in order to reduce the length of the driveway and meet the lot coverage requirement in the Shoreland District. The proposed variance is in harmony with the general purposes and intent of the Comp Plan and Development Code.  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. Septic systems are also necessary for residential uses. 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, garage, septic system and back-up area on the parcel without a variance from one or more 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 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 the 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 cabin that was lost in a fire with a new single-family dwelling will not increase congestion, endanger the public, or substantially diminish or impair property values in the neighborhood.  The required variance is the minimum action required to eliminate the practical difficulty. 18567 Lamar Variance Staff Report Scandia Planning Commission Page 6 October 7, 2014 The proposed location of the dwelling strikes a balance between maintaining a 40-foot setback from the rear lot line, accommodating a septic system and back-up area, and permitting vehicle parking on the driveway, while reducing lot coverage to meet the ordinance requirements. The proposed variance is the minimum action needed to replace the cabin and provide a garage on the parcel.  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 October 7. 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 home with attached garage that is located 40 feet from the rear lot line and 20.3 feet from the roadway right-of-way on the parcel at 18567 Lamar Avenue North. The Commission recommends approval of a variance to locate the septic system and back-up system areas ___ feet from the property lines. The Planner recommends the following conditions for the variance: 1. Construction of the home, garage and additional structures shall be consistent with the plans submitted to the City on September 16, 2014. 2. The applicants shall obtain a building permit from the City. 3. The applicants shall obtain the required Watershed District permit. 4. The applicants shall obtain the required septic system permits from Washington County and the Minnesota Department of Health. 5. The applicants shall remove the existing shed. 6. Parking shall be prohibited on the Lamar Avenue North right-of-way between November 1 and April 30. 7. The Applicant shall pay all fees and escrows associated with this application.