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4.b) Staff Report-LofstromVariancePC9 2 14 Memorandum To: Scandia Planning Commission Kristina Handt, City Administrator Reference: Lofstrom Variance Application, City of Scandia Copies To: Mark and Dora Lofstrom Project No.: 15485.018 From: Sherri Buss, RLA AICP, Planner Routing: Date: August 28, 2014 SUBJECT: Lofstrom Variance Application MEETING DATE: September 2, 2014 LOCATION: 12166 228th Street North Scandia, Minnesota APPLICANTS: Mark and Dora Lofstrom ZONING: General Rural (GR) District and Shoreland Overlay District 60-DAY PERIOD: October 11, 2014 ITEMS REVIEWED: Application, Survey, and Plans received August 12, 2014 BRIEF DESCRIPTION OF THE REQUEST: The applicants are seeking to add a deck and stairs to an existing home. The parcel is located at 12166 228th Street North. The location proposed for the deck and stairs is closer to the Ordinary High Water Line (OHWL) of Bone Lake than permitted in the Shoreland Overlay District. The applicant’s parcel is approximately .6 acres in size. The property is located in the General Rural (GR) District and Shoreland Overlay District of Bone Lake, which is classified as a Recreational Development Lake. Lofstrom Variance Staff Report Scandia Planning Commission Page 2 September 2, 2014 DETAILED EVALUATION OF THE VARIANCE REQUEST Background The applicants are requesting a variance to construct a 16’x19’ deck and stairs on the lake side of the existing home at 12166 228th Street North. The existing home is located approximately 62 feet from the Ordinary High Water Level (OHWL) of Bone Lake, and is therefore a nonconforming structure because it does not meet the required 100-foot setback from the OHWL. The existing home was built in 2000 by a different owner. The City granted a variance at that time to allow the house to be 62 feet back from the OHWL and to construct a deck that would be 51 feet from the OHWL. The conditions for approval of the variance included a condition that the deck not be enclosed or roofed. The deck was not built, but the owner added a concrete pad to the lake side of the home that is approximately 18’x20’ in size, adjacent to the proposed deck location. The Shoreland Overlay District ordnance permits additions of decks without a variance in nonconforming situations, based on several criteria, listed in Section 17 of the ordinance, including the criteria that the deck not be enclosed or roofed. This parcel does not meet the criteria 2(A) of that section because the home was expanded with a variance after the structure setbacks were established in the ordinance. Variances expire one year after the date on which they are granted if construction does not begin, and therefore the applicants need to obtain a new variance to add the proposed deck and stairs. 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 Comfort Lake-Forest Lake Watershed District commented that if the Board determines that construction of the deck and stairs could have adverse impacts on the lake, the District would require a recorded buffer along the shoreline to protect the lake. 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 .6 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 Lofstrom Variance Staff Report Scandia Planning Commission Page 3 September 2, 2014 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 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 The applicant’s proposed setbacks include the following:  The house and deck/stairs setback from the OHWL: 46 feet  Side setback: 24 feet The proposed deck/stairs setback from the lake is 5’ less than the setback that was approved in the variance granted in 2000 when the home was built. However, it is approximately the same distance from the OHWL as the existing concrete pad that has been constructed on the lake side of the home, and therefore would not encroach further toward the OHWL than the existing structure. 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. There are no existing accessory structures on the parcel, and none are proposed. 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 existing lot coverage with impervious surfaces is approximately 16% of the area above the OHWL. The lot coverage would be 17% with the addition of the deck and stairs. The parcel would meet the coverage requirement with the proposed new construction. Building Height The addition of the deck will not increase the height of the primary structure. Driveway Access There is an existing driveway that provides access to the home. No change is proposed to the driveway access. Wastewater Treatment No change in wastewater treatment is needed to accommodate the deck addition. Stormwater Management The Planner sent the application to the Comfort Lake-Forest Lake Watershed District (CLFLWD) for review and comment. The District provided the following comments on the application: Lofstrom Variance Staff Report Scandia Planning Commission Page 4 September 2, 2014  “If the City granted the variance for the deck, it is possible that the District would require a recorded buffer along the shoreline. The determination would be made by the Board of Managers as to whether they felt the variance from the setback requirements poses a measurable adverse impact on the down-gradient lake. (District Rule 4.0)  “The way the rule is written, it is up to the Board to make the determination of impact. The applicant would need to bring the project before the board (in its final form) for a determination of the need for a buffer. It is possible the board may waive the requirement or the boards may determine that the buffer rule is triggered. If the applicants want a determination, I would suggest that they request that it be brought to a board meeting. At this point I think the soonest that could happen would be at the September Board meeting.” The Planner has added a proposed condition that the applicants contact the Comfort Lake- Forest Lake Watershed District to determine if a recorded buffer along the shoreline is required for the proposed project. Vegetation Management/Landscape Plan The City’s Development Code does not require a landscape plan for this project. 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. 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. Lofstrom Variance Staff Report Scandia Planning Commission Page 5 September 2, 2014 Applicant’s Rationale for the Variance The applicants noted the following in their rationale for the variance request:  The deck cannot be placed on the west side of the home, where it would meet the setback requirements in the ordinance due to the location of the septic system drainfield (shown on the survey dated 4.25.2000), and the access to the deck from this side of the home would be through a bathroom or bedroom.  A location on the west side would require moving an existing vent and electrical box/meter/mast and water faucet.  The owners drive vehicles along the west side of the house to the garage on the lower level which provides winter storage for a boat and trailer.  A location on the east side of the home would not meet the side setback requirement. Findings The Lofstroms are requesting a variance to construct a deck and stairs attached to the existing home. The proposed location of the deck requires a variance from the setback from the OHWL of Bone Lake. The following bullets present the Planner’s findings related to the Lofstroms’ request for a variance, based on the statutory criteria for granting a variance. Each of the criteria is shown in italics:  Variances shall only be permitted when they are in harmony with the general purposes and intent of the official control. The Comprehensive Plan and 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 Bone Lake. The lot will meet the Shoreland requirement for lot coverage with the addition of the deck and stairs. The CLFLWD may require recording of a shoreland buffer if the District determines that the deck would have impacts to the lake. 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. Decks are typical elements of homes in the Shoreland District. The proposed use is reasonable under the conditions allowed by the Development Code.  The practical difficulties are not caused by the landowner, and are unique to the property. The practical difficulties are created by the size of the parcel, the location and interior configuration of the existing home, and the location of the drainfield and other residential infrastructure that would need to be moved in order to construct the deck and stairs in a location that meets all setback requirements. The parcel depth did not permit Lofstrom Variance Staff Report Scandia Planning Commission Page 6 September 2, 2014 construction of a single-family residence on the parcel without a variance, and the original variance for construction of the home included construction of a deck in the same location as proposed by the applicants. 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 with decks that have similar setbacks from the lake. 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, the location and interior configuration of the existing home, and location of the drainfield and other residential infrastructure. 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 to allow construction of the deck and stairs will not impair the supply of light or air to adjacent properties, increase congestion on public streets, increase the danger of fire, endanger public safety or substantially diminish or impair property values in the neighborhood.  The required variance is the minimum action required to eliminate the practical difficulty. The proposed variance is the minimum action required to permit construction of a deck and stairs on the parcel. The proposed deck location is the same distance from the lake as an existing concrete pad attached to the home, and will not encroach farther into the OHWL than the existing structure. The Watershed District will require a shoreland buffer if impacts are identified to Bone Lake.  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 September 2. 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 Lofstrom Variance Staff Report Scandia Planning Commission Page 7 September 2, 2014 PLANNING STAFF RECOMMENDATIONS: The Planner recommends that the Planning Commission recommend approval of a Variance from the required setback from the Ordinary High Water Level (OHWL) of Bone Lake to permit construction of a 16’x19’ deck located a minimum of 46 feet from the OHWL on the property at 12166 228th Street 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 August 12, 2014. 2. The applicants shall obtain a building permit from the City. 3. The applicants shall record a buffer along the shoreline if required by the Comfort Lake- Forest Lake Watershed District. 4. The deck and stairs shall not be modified in the future to be roofed or screened. 5. The Applicant shall pay all fees and escrows associated with this application.