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7.b ii Resolution 10-16-18-09 Approving a variance from the side setback - 13090 182nd St. N CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 10-02-18-09 APPROVING A VARIANCE FOR 13090 182ND STREET NORTH WHEREAS, Grant and Christine Erickson have made an application for variances from the required side lot line setbacks to relocate their garage and to build a new septic mount at 13090 182nd Street North; and WHEREAS, the property is legally described as follows: Big Lake View Add Subdivision Name BIG LAKE VIEW Lot 7 Subdivision Cd 91085, Washington County, Minnesota; and WHEREAS, the Planning Commission reviewed the request for the Variances at a duly noticed Public Hearing on October 2, 2018 and recommended that the City Council approve the variances with conditions; and NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it hereby approves a Variance to permit a garage to be relocated on a lot to a new location setback 10 feet from the side lot line, and to approve a Variance to permit construction of a new septic mound located five feet from the side lot line, based on the following findings: 1. The proposed locations for the garage and new septic mound are in harmony with the Comprehensive Plan and general purposes and intent of the Plan and Development Code. The Comprehensive Plan includes policies that allow single-family residential and related accessory uses in the General Rural District and Shoreland Overlay District. The Water Resources chapter of the Comprehensive Plan states that septic service is required on all residential properties not served by city sewer and that such systems must be designed and operate in conformance with County and State rules, which include setbacks from shoreland and bluffs. The Land Use chapter of the Comprehensive Plan Land Use includes an objective to, “Conduct development in a manner that is sensitive to the impact upon natural features and to environmental constraints, including but not limited to scenic views, surface water, wetlands, slopes, woodlands, vegetation, drainage ways, shorelands, and flood plain areas.” The proposed garage and septic locations minimize impacts to sensitive features on the site and are consistent with the policies of the Comprehensive Plan for uses in the General Rural and Shoreland Overlay Districts. Resolution No.: 10-16-18-09 Page 2 of 3 2. Single-family residences and related accessory uses are permitted in the General Rural District and Shoreland District, and are a reasonable use on the parcel. 3. The practical difficulties are unique to the property, and include the small size and narrowness of the existing parcel, the sloping topography of the site and bluff areas approaching the lake, the wooded nature of the property, and the existing locations of structures and the driveway. The applicant did not create these practical difficulties. 4. Granting the variances would not alter the character of the area. The proposed garage and septic locations will not impede or exacerbate water drainage to or from adjacent parcels, and will not disturb large tree stands or other notable vegetation. The garage on the neighboring property to the east is 14 feet from the Erickson’s property line. 5. The practical difficulties are not related to economic conditions alone, but are caused by the size and narrowness of the existing parcel, sloping topography on much of the site, and the locations of the existing structures. The existing garage cannot be properly maintained in its current location where water runoff collects and a there is no practical new location that would meet all of the setback requirements. The new septic system, which is required to replace the non-compliant system, cannot be located on the site in a manner that meets design requirements and all setback requirements. 6. The proposed relocation of the garage and septic system will not impair the supply of light or air to adjacent properties or increase congestion, endanger the public, or substantially diminish or impair property values in the neighborhood. 7. The requested variances to the side lot line setback for relocation of the garage and installation of a new septic system are the minimum actions required to keep the structures on relatively level areas of the site, away from bluff impact areas and natural drainage pathways, to avoid large tree removal, and to relate to existing structures on the site and thereby avoid additional site work and soil disruption. 8. The variance is not related to a need for direct sunlight for solar energy systems. FURTHER BE IT RESOLVED that the following conditions of approval shall be met: 1. The relocation of the garage and location of the new septic system shall be consistent with the plans submitted to the City on September 10, 2018. 2. The applicant shall have the east property line surveyed and utilities clearly marked to ensure that the relocated garage and new mound system meet the approved setback distances, and that the force main running five (5) feet off the eastern property line between the house and the septic mound is not covered by the garage foundation. 3. The septic tank and soil dispersal area shall maintain a minimum ten (10) foot setback from the relocated garage, per standards in the Washington County Development Code. Resolution No.: 10-16-18-09 Page 3 of 3 4. The applicant shall provide a grading and erosion control plan, and obtain other permits as required for moving the garage, reestablishing vegetation on the former garage pad, and for removing the old septic system and installing a new one. 5. The existing shed that is located where the garage will be shall be removed from the property. 6. The applicant shall pay all fees and escrows associated with the variance application. Adopted by the Scandia City Council this 16th day of October, 2018. _________________________________ Christine Maefsky, Mayor ATTEST: _________________________________ Neil Soltis, Administrator/Clerk Memorandum To: Scandia City Council Reference: Erickson Variance Request— 13090 182nd St. N. Copies To: Neil Soltis, City Administrator Project No.: 16622.010 Brenda Ecklund, City Clerk Routing: Grant and Christine Erickson, applicants From: Merritt Clapp-Smith, Planner Date: September 25, 2018 SUBJECT: Request for Variances from the side-yard setbacks to relocate a septic system and to move a garage. MEETING DATE: October 16, 2018 LOCATION: 13090 182nd Street North (PID 33.032.20.44.0011) APPLICANT: Grant and Christine Erickson 13090 182nd Street North Marine on St. Croix, MN 55047 ZONING: General Rural (GR) District and Shoreland Overlay District 60-DAY PERIOD: November 9, 2018 ITEMS REVIEWED: Complete application, plans, and supplemental information received September 10, 2018 Erickson Variance Request Submitted: September 24, 2018 Scandia City Council Page 2 Planning Commission Hearing: October 2, 2018 PROPERTY INFORMATION Parcel description: 13090 182nd Street North is a typical, narrow lakefront lot along a south shore of Big Marine Lake. It is 1.183 acres is size, with 1.13 acres of it above the Ordinary High Water Level (OHWL). Zoning: The parcel is located in the General Rural (GR) District and the Shoreland Overlay District of Recreational Development Lake. Land use: The property has a one- story single-family home built in 1957, a garage, a lean-to shed, a well and a septic mound. Natural Features and Conditions: The grades of the property generally slope downward from the right-of-way on the south border towards the lake on the north border. The slopes increase in steepness between the house and the lakeshore. In the center of the property, a variation in slopes moves some runoff from east to west and collects in a low point where the garage is currently located. The property is vegetated with large trees, except where existing structures exist, along the shoreline and in the southeast corner of the parcel where the existing and proposed septic mounds is/would be located. There are no wetlands on the parcel. Erickson Variance Request Submitted: September 24, 2018 Scandia City Council Page 3 Planning Commission Hearing: October 2, 2018 DESCRIPTION OF THE REQUEST: The applicants at 13090 182nd Street North, propose changes to their property which require two variances. Each is described below. 1. Side lot line setback variance for a septic mound – Required is 10 feet; Proposed is 5 feet The applicants propose to replace the existing septic system with a new system at a different location on the property, five (5) feet from the side lot line, where the standard setback for a septic system is ten (10) feet. The proposed location is identified as the most viable by the applicant and was recommended by the septic designer, due to the ground being relatively level, the spot being mostly free of vegetation, having suitable soils not compacted by previous uses on the site, and being able to reuse some of the existing septic system infrastructure. The proposed mound would be installed just to the north of the existing mound, placing it further away from the 182nd Street North right-of-way. 2. Side lot line setback variance for a garage – from the required 20 feet, to 10 feet The applicants propose to move their existing garage about 35 feet to the east on their lot, to within ten (10) feet of the side lot line, where the required setback for structures is twenty (20) feet. The current garage, which was built in 1999 and is 936 square feet, according to Washington County property records, has experienced repeated flooding problems during spring snow melt and heavy rain events. The applicants wish to move the garage to a slightly higher elevation and out of the path of natural water runoff. The new location would utilize the existing paved driveway for access. The concrete floor of the former garage and a portion of the driveway apron leading up to it would be removed and the ground re-vegetated with groundcover. A portion of the driveway would be resurfaced, but not expanded. In sum, more impervious surface would be removed from the site than added, resulting in a net reduction of impervious surface area. The proposed garage would be located approximately 130 feet back from the OHWL of Big Marine Lake and would not be in a bluff impact zone. Erickson Variance Request Submitted: September 24, 2018 Scandia City Council Page 4 Planning Commission Hearing: October 2, 2018 EVALUATION OF VARIANCE REQUEST Comprehensive Plan The Comprehensive Plan describes the General Rural District as a residential area of mixed lot sizes. The Plan supports single-family residential uses in the GR District, and states that overall density in the District should meet the Metropolitan Council requirement of no more than 1 housing unit per 10 acres, while acknowledging that there are a significant number of existing smaller parcels in the District. This is likely to remain the case, particularly around lakes in Scandia where lots are relatively narrow. The Water Resources chapter of the Comprehensive Plan notes the requirement for septic service on all residential properties not served by city sewer and that such systems must be designed and operated in conformance with County and State rules. The first goal in the Comprehensive Plan Land Use chapter is to “Preserve the rural, agricultural character of Scandia through zoning regulations, ordinances and site design standards,” and includes the following objective:  “Conduct development in a manner that is sensitive to the impact upon natural features and to environmental constraints, including but not limited to scenic views, surface water, wetlands, slopes, woodlands, vegetation, drainage ways, shorelands, and flood plain areas.” The proposed septic and garage locations are consistent with the policies of the Comprehensive Plan for uses in the General Rural and Shoreland Overlay Districts. Development Code Requirements Lot Size and Setbacks Lot Size The applicants’ parcel is 1.183 acres, which is a legal nonconforming lot in the Shoreland Overlay District, where the minimum lot size is 2.5 acres for riparian parcels. [City of Scandia Development Code, Chapter 5, Shoreland Management Regulations, 6.2 Lot Area and Width Standards.] Setbacks The proposed garage and septic mound locations comply with the structure setback standards for the General Rural District (GR) and the Shoreland Overlay District of Recreational Development Lakes, with the exception of the side setback requirements of twenty (20) feet from side lot lines for structures and ten (10) feet from side lot lines for Erickson Variance Request Submitted: September 24, 2018 Scandia City Council Page 5 Planning Commission Hearing: October 2, 2018 septic systems. The garage structure is proposed for ten (10) feet from the side lot and the septic is proposed for five (5) feet from the side lot line. Accessory Structures The Development Code permits one detached garage up to 24 feet x 36 feet [Chapter 2, 3.2(3)(c)]. The existing garage is nonconforming, with a slightly larger footprint of 26.2 feet x 36.2 feet. The existing garage would be moved, as is, to the new location, maintaining but not increasing its size nonconformity. The other accessory structure on the site is a lean-to style shed where the garage is proposed to go. This structure would be removed from the property if the garage is relocated. Lot Coverage The Shoreland Overlay District permits up to 25% lot coverage. A rough calculation of existing impervious coverage by the Planner estimated it at under 20%. The proposed relocation of the garage will enable a small reduction in the overall size of the existing driveway apron and the former garage slab will be removed and revegetated. The net result will be an overall reduction in impervious lot coverage, keeping it well within the requirements of the ordinance. Building Height The maximum structure height permitted in the Shoreland Overlay District is 35 feet. The existing 1-story garage, which would be moved to the new location, is well under the 35 foot height limit. Driveway Access The existing driveway access from 182nd Street North will remain as is. The access meets City requirements. Wastewater Treatment and Well A new septic system mound is proposed to replace the current system, which is not functioning in accordance with septic standards per Minnesota Rules Chapter 7080 for individual subsurface sewage treatment systems. The new mound system is proposed to be located adjacent to the old mound, on level ground with suitable soil conditions for installation. The location avoids slopes, bluff areas, lakeshore area, and stands of trees. The new system plan was designed by S – P Testing, Inc. Vegetation Erickson Variance Request Submitted: September 24, 2018 Scandia City Council Page 6 Planning Commission Hearing: October 2, 2018 Relocation of the garage and installation of the new septic system will minimize the removal of existing trees. The Shoreland Ordinance permits removal of trees and other vegetation for the construction of structures and sewage treatment systems under validly-issued building permits. Therefore, no replacement is required based on the ordinance. Tree removal will be outside shoreland and bluff setbacks. Grading and Drainage City Engineer, Ryan Goodman, visited the site on September 13, 2018 and provided the following recommendations and comments:  Garage Relocation o Require removal of the wood shop/structure that is located along the east property line where the garage will be relocated. o Require removal of the foundation of old garage and the excess driveway apron and replace with turf or landscaping.  Erosion Control o Handle soil piles from the proposed excavation work with care. Material should be hauled off site immediately or stored in a manner that has perimeter protection. All erosion control devices must be installed before any construction work begins. o Install erosion control between the septic mound work area and the lake.  Septic system o All infrastructure related to the septic system including forcemain shall be at least 5 feet away from the property line. o Septic system/Drainfield will be permitted by the authority of Washington County. Stormwater Management and Watershed District Comments Jim Shaver, the Carnelian-Marine-St. Croix Watershed District Administrator, said that the District would require a permit if impervious surface area on the parcel was increasing. However, since it is not, his only comment was to recommend that the City make erosion control a condition of the permit. DNR Comments The Department of Natural Resources (DNR) Area Hydrologist, Jenifer Sorensen, reviewed the application and said that the DNR had no comments on the variance request. Applicants’ Rationale for the Variance and Discussions with the City Erickson Variance Request Submitted: September 24, 2018 Scandia City Council Page 7 Planning Commission Hearing: October 2, 2018 The applicants’ rationale for the variance indicated that:  There is no location available for relocation of the garage or construction o f a new septic system on the parcel without variances from the side lot line setback. The side lot line variances are requested to avoid other locations that would have greater impact on the property’s natural features.  The garage needs to be moved due to flooding every spring. The proposed new location enables reuse of the existing driveway, while avoiding slopes and other structures on the site.  A new septic system is required for the property and there is no other viable location on the property that meets required design standards and can be done without a variance to some standard in the Scandia Development Code or Shoreland Overlay Ordinance. Criteria for Variance and Findings Chapter 1, Section 6.0 of the Development Code includes the criteria and required process for considering variance requests. Each item to be considered for a variance is identified below in italics, followed by the Planner’s findings regarding the requested side lot line setback variance for a home addition with attached garage at 13090 182nd Street North. 1. Variances shall only be permitted when they are in harmony with the Comprehensive Plan and general purposes and intent of the official control. The proposed garage and septic system locations are in harmony with the Comprehensive Plan and general purposes and intent of the Plan and Development Code. The Comprehensive Plan includes policies that allow residential and related accessory uses in the General Rural District and Shoreland Overlay District. The Comprehensive Plan and Shoreland Ordnance include policies to support the Shoreland Ordinance requirements in order to protect the quality of surface waters and bluff areas. Granting the side lot line variances will permit relocation of the garage and installation of a new septic system on areas of the parcel that are relatively flat, avoid bluff areas and tree stands, improve water drainage and infiltration, and reduce impervious surface area. 2. The property owner proposes to use the property in a reasonable manner under the conditions allowed by official control(s). Single-family residences and related accessory uses are permitted in the General Rural District and Shoreland District, and are a reasonable use on the parcel. Erickson Variance Request Submitted: September 24, 2018 Scandia City Council Page 8 Planning Commission Hearing: October 2, 2018 3. The practical difficulties are not caused by the landowner, and are unique to the property. The practical difficulties are unique to the property, and include the small size (1.183 acres) and narrowness (120 feet wide) of the existing parcel, the sloping topography of the site and bluff areas approaching the lake, the wooded nature of the property, and the existing locations of structures and the driveway. The applicant did not create these practical difficulties. The current garage was built on a spot where natural water runoff from the east, north and south, cause repeated flooding for the structure. Given the existing conditions, it is challenging to locate the garage and maintain it in good condition while meeting all required setbacks of the GR and Shoreland Overlay districts. The proposed location moves the garage out of the natural water drainage path, allows vegetative restoration on the spot to enable better water infiltration and reduced runoff to the property to the west, utilizes the existing driveway and enables some of its hard surface to be removed, and relates in a practical and attractive way to the existing home and site layout. Locating the septic mound encounters similar limitations related to the unique features of the property. The septic mound must remain away from shor eland and bluff areas, be on relatively level ground, and be located in soil that is not heavily compressed by prior activities or features on the site. 4. The variance would not alter the essential character of the area. Granting the variances would not alter the character of the area. The proposed garage and septic locations will not impede or exacerbate water drainage to or from adjacent parcels, and will not disturb large tree stands or other notable vegetation . The garage on the neighboring property to the east is 14 feet from the Erickson’s property line. 5. Economic conditions alone shall not constitute practical difficulties. The practical difficulties are not related to economic conditions alone, but are caused by the size and narrowness of the existing parcel, sloping topography on much of the site, and the locations of the existing structures on the parcel. The existing garage cannot be properly maintained in its current location where water runoff collects and a there is no practical new location that would meet all of the setback requirements. The new septic system, which is required to replace the non-compliant system, cannot be located on the site in a manner that meets design requirements and all setback requirements. 6. 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 Erickson Variance Request Submitted: September 24, 2018 Scandia City Council Page 9 Planning Commission Hearing: October 2, 2018 danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. The proposed relocation of the garage and septic system will not impair the supply of light or air to adjacent properties or increase congestion, endanger the public, or substantially diminish or impair property values in the neighborhood. 7. The requested variance is the minimum action required to eliminate the practical difficulty. The requested variances to the side lot line setback for relocation of the garage and installation of a new septic system are the minimum actions required to keep the structures on relatively level areas of the site, away from bluff impact areas and natural drainage pathways, to avoid large tree removal, and to relate to existing structures on the site and thereby avoid additional site work and soil disruption. 8. 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. The findings support granting the variance. PLANNING COMMISSION PUBLIC HEARING AND RECOMMENDATIONS The Planning Commission reviewed the application at a site visit and discussed its observations at the Public Hearing on October 2. The Commission received no public comments. The Commissioners agreed that the current location of the garage was problematic due to drainage issues at the site and felt that the proposed location would be an improvement. There was some discussion about the possibility of moving the garage to be twenty feet off the east property line, instead of being within ten feet. Some Commissioners noted that this option would require a curved extension of the existing driveway for garage access, an outcome that was seen as less desirable on the whole than moving the garage to the pr oposed location closer to the property line and utilizing the existing driveway only. Commissioners wished to confirm that a small, lean-to shed at the location of the proposed garage would be removed from the property. They recommended a condition to cl early address its removal. The Commissioners did not discuss any concerns or questions about the proposed location of the new septic mound. Erickson Variance Request Submitted: September 24, 2018 Scandia City Council Page 10 Planning Commission Hearing: October 2, 2018 ACTION REQUESTED: The Planning Commission received public comments at the hearing on October 2, discussed the variance request, and could choose to recommend one of the following: 1. Approval 2. Approval with conditions 3. Denial with findings 4. Table the request PLANNING COMMISSION RECOMMENDATIONS: The Planning Commission recommends that the City Council approve two variances to the side lot line setback at 13090 182nd Street North -- one variance to allow the existing garage to be moved to a new location ten (10) feet from the east side lot line, and a second variance to allow installation of a new septic system that would be five (5) feet from the east lot line. 1. The relocation of the garage and location of the new septic system shall be consistent with the plans submitted to the City on September 10, 2018. 2. The applicant shall have the east property line surveyed and utilities clearly marked to ensure that the relocated garage and new mound system meet the approved setback distances, and that the force main running five (5) feet off the eastern property line between the house and the septic mound is not covered by the garage foundation. 3. The septic tank and soil dispersal area shall maintain a minimum ten (10) foot setback from the relocated garage, per standards in the Washington County Development Code. 4. The existing shed that is located where the garage will be shall be removed from the property. 5. The applicant shall provide a grading and erosion control plan, and obtain other permits as required for moving the garage, reestablishing vegetation on the former garage pad, and for removing the old septic system and installing a new one. 6. The applicant shall pay all fees and escrows associated with the variance application .