Loading...
4.c) Staff Report-WatermanVariancePC9 2 14 Memorandum To: Scandia Planning Commission Kristina Handt, City Administrator Reference: Waterman Variance Application, City of Scandia Copies To: Laurie Waterman Project No.: 15485.019 From: Sherri Buss, RLA AICP, Planner Routing: Date: August 21, 2014 SUBJECT: Waterman Variance Application MEETING DATE: September 2, 2014 LOCATION: 19015 Layton Avenue North Scandia, Minnesota APPLICANTS: Laurie Waterman ZONING: General Rural (GR) District and Shoreland Overlay District 60-DAY PERIOD: October 12, 2014 ITEMS REVIEWED: Application, Survey, and Plans received August 11, 2014, and revised survey received August 26, 2014 BRIEF DESCRIPTION OF THE REQUEST: The applicant is seeking to rebuild a home on the parcel at 19015 Layton Avenue North. The previous home was destroyed by fire. The new home is proposed on the same footprint as the previous home. The applicant is proposing to expand the structure by add a garage, which will requires a variance from the required setback from the OHWL and the rear lot line. The applicant will also need to move one of the septic tanks on the parcel, which will require a variance from the rear lot line setback. The applicant’s parcel is approximately .15 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. Waterman Variance Staff Report Scandia Planning Commission Page 2 September 2, 2014 DETAILED EVALUATION OF THE VARIANCE REQUEST The applicant is seeking to rebuild a dwelling that was destroyed by fire. The building size and location are shown on the Certificate of Survey dated May 18, 2000 that was included in the application. The building was a legal, nonconforming structure that did not meet the required setback from the Ordinary High Water Level (OHWL) of Big Marine Lake. Section 13.3 of the Development Code states that lawful nonconforming buildings which have been destroyed by fire to greater than 50% of market value can be rebuilt if a building permit has been applied for within 180 days of when the damage occurred. The applicant has filed for the building permit as required. The applicant is proposing to add an attached garage and porch to the structure. The garage addition is proposed to be closer to the OHWL than the previous dwelling, and the addition of the porch and garage is an expansion of the nonconforming structure. The addition of the garage requires a variance from the setback from the OHWL and the rear property line. The existing septic tank is located under the proposed new driveway location, and needs to be moved. The proposed location is shown on the revised survey, and will require a variance from the rear property line setback. The proposed septic tank location will meet the setback requirement from the OHWL and the requirement to be setback 10 feet from the roadway. 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 applicant’s plan indicates that with the additional structures, the lot coverage will be within the requirement in the Shoreland District. The dwelling will be the same distance from the OHWL as the previous structure. The Carnelian-Marine-St. Croix Watershed District comments indicate that a shoreline buffer and stormwater best-management practices will be required if the variance is approved in order to protect the lake from impacts of the building expansion. 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 .15 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 are the following:  Structure setback from the OHWL: 100 feet Waterman Variance Staff Report Scandia Planning Commission Page 3 September 2, 2014  Septic system setback from OHWL: 75 feet  Side setbacks: 10 feet for lots that are less than 1.0 acres in size  Structure setback from the rear lot line: 50 feet  Septic system setback from the roadway: 10 feet The applicant’s proposed setbacks include the following:  The house setback from the OHWL: 22.8 feet (the same setback as the previous structure); the proposed garage expansion is setback 15.5 feet from the OHWL  The proposed side setbacks for the building are 11.6 feet and 14 feet at the closest points to the lot lines  The proposed well is setback 11 feet from the side lot line  The proposed setback from the rear lot line for the garage is 25.4 feet  The proposed setback from the rear lot line for the new septic tank location is 14 feet The proposed garage requires a variance from the required setbacks from the OHWL and rear lot line. The location for the holding tank that will be moved to permit addition of the driveway irequires a variance from the rear lot line setback. 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. The parcel includes an existing shed that is approximately 80 square feet in size. The applicant does not request any new detached accessory structures. The application meets the ordinance requirements. 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 24% 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 25 feet, based on the height definition in the Development Code. 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 applicant is proposing to add a paved driveway for access to the new garage. The driveway width and material shown on the plans meet the ordinance requirement and engineering standards. The surveyors show the proposed driveway located over an existing septic system tank on the original survey submitted with the application. W ashington County Health Department staff commented that the existing tank is not designed to be driven over, and should not be located in Waterman Variance Staff Report Scandia Planning Commission Page 4 September 2, 2014 the driveway. The applicant indicated that the driveway location would be moved to avoid the septic tank. The proposed location is shown on the revised survey submitted on August 25, 2014, and is outside the proposed driveway area. Wastewater Treatment and Well 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 August 13. His comments noted that the existing septic system is on the Bliss Collector. Two existing septic tanks are shown on the Certificate of Survey. Pete also commented that either the septic tank or driveway will need to be moved, because the existing tank cannot withstand traffic. Pete also noted that a new well may be required for replacement of the dwelling, and copied the Minnesota Health Department staff on this issue. MDH staff indicated that it is not permissible to build over the existing well, or within three feet of the exiting well, after a fire. The existing well must be permanently sealed by a licensed well contractor, and a new well must be constructed. The new well will need to meet setback requirements. The proposed well location is shown on the revised plan. Pete also noted that the building sewer going to the tank cannot be closer than 20’ to the well, and must be pressure-tested. The conditions require the applicant to seal the existing well and construct the new well in a location that complies with State and Local requirements. The tank shall be constructed at least 20’ from the well and shall be pressure-tested. Stormwater Management The Planner sent the application to the Carnelian-Marine-St. Croix Watershed District (CMSCWD) for review and comment. District comments included the following:  This home is replacing a residence that burned down and includes the addition of a 2- stall garage. The District is not in favor of granting such requests, but recognizes the difficulties of complying with all zoning requirements with an existing lot.  The District will require a permit for this project that will necessitate at a minimum the establishment of a shoreline buffer zone on the property as well as the construction of storm water BMP’s which will partially mitigate the effects of the variance. 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. Floodplain The previous home was located at approximately the 944’ contour elevation. The base flood elevation of Big Marine Lake is 942.6’. Therefore, the regulatory flood elevation is 943.6’, and the lowest floor elevation (including a basement) of the replacement home needs to be above 943.6’ without using fill soil in order to avoid the need for flood insurance. The applicant should work with her surveyor to document the lowest floor elevation of the home and surrounding Waterman Variance Staff Report Scandia Planning Commission Page 5 September 2, 2014 grades on the survey, and to provide the flood elevation information on the plans submitted to the City for the building 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. If the location of the driveway is revised, one 12” boxelder tree may need to be removed, and a 16” cottonwood tree may need to be removed to permit construction of the garage and porch. 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. 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 applicant is proposing that the replacement dwelling will have the same footprint as the dwelling that was lost to a fire.  An attached garage will include storage for vehicles and other household items.  The variances are required due to the small lot size. Waterman Variance Staff Report Scandia Planning Commission Page 6 September 2, 2014 Findings Laurie Waterman is requesting a variance to construct a new dwelling to replace a cabin that recently burned. She is proposing to add a garage with the reconstruction of the cabin. The addition of the garage requires a variance from the required setbacks from the OHWL and rear lot line. The new septic tank location requires a variance from the rear setback requirement. The following bullets present the Planner’s findings related to the Waterman 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 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 proposing to place the new primary structure at the same distance from the lake as the previous structure, to avoidnew impacts to the lake. The septic system tank will be moved to a location that requires a variance from the rear setback in order to meet the setback requirement from the OHWL. The CMSCWD would require establishment of a shoreline buffer zone and construction of stormwater practices to mitigate the effects of the garage location if the variance is granted. 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. 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 and garage on the parcel without a variance from the setback requirements. The previous structure did not meet the setback requirement from the OHWL, and it is not possible to construct a dwelling on the parcel that would do so. The practical difficulties are not caused by the landowner, and are unique to the property. Waterman Variance Staff Report Scandia Planning Commission Page 7 September 2, 2014  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 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. The proposed location of the dwelling maintains the existing structure setback from the lake, and places the garage expansion toward the rear lot line to protect the lake. The proposed garage is 5 feet closer to the OHWL along a tributary to the lake than the existing cabin, but it would not be possible to locate the garage to meet the setback requirement. There is an existing shed on the parcel that is closer to the OHWL than the proposed garage. The proposed variance from the rear setback for the septic tank allows the tank to meet the required setback from the OHWL, which is a higher priority than the rear setback. 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 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 Waterman Variance Staff Report Scandia Planning Commission Page 8 September 2, 2014 PLANNING STAFF RECOMMENDATIONS: The Planner recommends that the Planning Commission recommend approval of a Variance to permit construction of a dwelling in the same location as the previous cabin, with a setback of 22.8 feet from the OHWL; to construct an attached garage that is a minimum of 25.4 feet from the rear lot line and 15.5 feet from the OHWL, and to relocate an existing septic tank to a location that is 7 feet from the rear property line on the parcel at 19015 Layton Avenue North. 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 August 25, 2014. 2. The applicants shall obtain a building permit from the City. The building permit application shall document the proposed floor elevation of the structure. 3. The existing well shall be sealed by a licensed well contractor, and the applicant shall construct a new well that meets all state and local requirements. The tank shall be constructed at least 20’ from the well and shall be pressure-tested. 4. The applicants shall obtain the required Watershed District permit. 5. Parking shall be prohibited on the Layton Avenue North right-of-way between November 1 and April 30. 6. The Applicant shall pay all fees and escrows associated with this application.