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7.b iii Resolution 10-16-18-10 Approving a variance from the side setback - 12150 Lakamaga Trail CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 10-02-18-10 APPROVING A VARIANCE FOR 12150 LAKAMAGA TRAIL NORTH WHEREAS, Colleen and Peter Nora have made an application for a variance from the required side lot line setback to add a house addition and attached garage at 12150 Lakamaga Trail North; and WHEREAS, the property is legally described as follows: PT N1/2-OF GOV LOT 2 BEG AT THE INTERS OF A LN DRAWN PARL TO & 303FT N OF S LN THEREOF WITH THE WLY LN OF AN EXISTING TRAVELLED ROAD NEAR THE ELY LINE THEREOF & RUNNING THENCE NELY ALONG SD ELY LINE OF SD RD 60.25FT TO AN IRON PIPE MONUMENT THENCE WLY IN A STRAIGHT LINE 1020 FT MORE OR LESS TO THE SHORE OF BIG MARINE LAKE THE LINE JUST DESCRIBED PASSING THRU AN IRON PIPE MONUMENT BEING 615.8FT FROM SD WLY LINE OF SD RD & 438.2FT NORTH OF THE SOUTH LINE OF SD N1/2 OF GOV LOT 2 THENCE SLY ALONG SAID SHORE LINE OF SAID LAKE TO ITS INTERSECTION WITH A LINE DRAWN PARALLEL TO & 303FT NORTH OF SAID SOUTH LINE OF SD N1/2 OF GOV LOT THENCE EAST ALONG SD PARALLEL LINE TO THE POINT OF BEG Section 29 Township 032 Range 020; and WHEREAS, the Planning Commission reviewed the request for the Variance at a duly noticed Public Hearing on October 2, 2018 and recommended that the City Council approve the variance 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 home addition with attached garage to be 9 feet from the side lot line, based on the following findings: 1. The proposed addition is 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, and supports requirements to protect the quality of surface water, bluff areas, and natural features. Granting the side lot line variance will permit an addition that does not extend the home closer to the shoreline or bluff impact areas, and avoids large tree removal. 2. Single-family residences are permitted in the General Rural District and Shoreland District, and are a reasonable use on the parcel. Resolution No.: 10-16-18-10 Page 2 of 3 3. The practical difficulties are unique to the property, and include the size and narrowness of the existing parcel, the location of slopes, bluffs, and existing vegetation, and the locations of the existing structures on the parcel. The applicant did not create the practical difficulties. 4. Granting the variance would not alter the character of the area. The proposed addition will not abut existing structures on adjacent properties, will not impede or exacerbate water drainage to or from adjacent parcels, and will not disturb large tree stands or other notable vegetation. 5. The practical difficulties are not related to economic conditions alone, but are caused by the narrowness of the existing parcel and the location of the existing structures and natural features on the parcel. 6. The proposed addition 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 to the side lot line setback for the home addition is the minimum action required to add an attached garage away from bluff impact areas, to avoid large tree removal, and to relate to existing structures and features on the site. 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 location of the addition shall be consistent with the plans submitted to the City on September 11, 2018. 2. The applicants shall obtain other permits as required for building a home addition and installing a new well. 3. A survey of the property shall be conducted before any permits are issued for site work or construction to clearly identify the location and size of structures and utilities and to confirm the location of property lines, which will enable verification of setback conformance. 4. The applicants shall pay all fees and escrows associated with the variance application. 5. The applicants shall remove the outdoor hoop shed to more closely conform to the standards for accessory buildings on this parcel. Resolution No.: 10-16-18-10 Page 3 of 3 Adopted by the Scandia City Council on this 16th day of October, 2018. _________________________________ Christine Maefsky, Mayor ATTEST: _________________________________ Neil Soltis, Administrator/Clerk Memorandum To: Scandia City Council Reference: Nora Variance Request—12150 Lakamaga Trail North Copies To: Neil Soltis, City Administrator Project No.: 16622.011 Brenda Ecklund, City Clerk Routing: Colleen and Peter Nora, applicants From: Merritt Clapp-Smith, Planner Date: September 25, 2018 SUBJECT: Request for a Variance from the side-yard setback for a home and garage addition. MEETING DATE: October 16, 2018 LOCATION: 12150 Lakamaga Trail North, (PID 29.032.20.41.0002) APPLICANT: Colleen and Peter Nora 12150 Lakamaga Trail North Marine on St. Croix, MN 55047 ZONING: General Rural (GR) District and Shoreland Overlay District 60-DAY PERIOD: November 10, 2018 ITEMS REVIEWED: Complete application, plans, and supplemental information received September 11, 2018 Nora Variance Request Submitted: September 24, 2018 Scandia City Council Page 2 Planning Commission Hearing: October 2, 2018 PROPERTY INFORMATION Parcel description: 12150 Lakamaga Trail North is a narrow lakefront lot along an east shore of Big Marine Lake. It is 1.51 acres is size, with most of the parcel above the Ordinary High W ater 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 two-story, single-family home built in 1890, a detached garage, a large storage building, a hooped storage tent, a well and a septic mound. Natural Features and Conditions: The topography of the property is fairly flat, with the exception of bluff area slopes along the lake edge. The existing house is on flat ground and sits back 50 feet from the bluffline. The property has a mix of open field areas and large tree stands. The most notable stand of trees is between the south side of the house and the southern lot line and runs from the lake edge to about 75 feet east of t he house. There are no wetlands on the parcel. Property map image for 12150 Lakamaga Trail North - Washington County Assessors records. DESCRIPTION OF THE REQUEST: Side lot line setback variance for a home addition – Required is 20 feet; Proposed is 9 feet The applicants are proposing a home addition with an attached garage. The proposed addition would be on the north side of the house and would come to with in nine (9) feet of the side lot line, requiring a variance from the twenty (20) foot side lot line setback standard for structures. The Nora Variance Request Submitted: September 24, 2018 Scandia City Council Page 3 Planning Commission Hearing: October 2, 2018 northern edge of the existing house ranges from 26 to 30 feet off the side lot line, according to the grading plan submitted by the applicant. The addition would extend the house to the north 18 feet, putting it within nine (9) to twelve (12) feet of the side lot line. The addition includes an attached garage and mud room on the first floor, a hobby room on the second floor and a basement space under the mud room. The addition has a footprint of 18 feet by 26 feet 8 inches (920 square feet on the ground level). Drawings of the proposed addition were included with application. The existing well sits too close to the proposed home addition, and therefore a new well i s proposed to replace the current one. The new well would be located east of the house. 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. These parcels are likely to remain, particularly around lakes in Scandia where lots are relatively narrow. The Comprehensive Plan includes goals to protect the water and related bluff resources in the City through enforcement of the City’s ordinances, including the Shoreland ordinance. The proposed addition is 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 1.51 acres, which is a legal nonconforming lot in the Shoreland Overlay District, where minimum lot size is 2.5 acres for riparian parcels. [City of Scandia Development Code, Ch 5, Shoreland Management Regulations, 6.2 Lot Area and Width] Setbacks The proposed addition complies 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 requirement of twenty feet from side lot lines. Nora Variance Request Submitted: September 24, 2018 Scandia City Council Page 4 Planning Commission Hearing: October 2, 2018 The proposed side setback for the addition is nine (9) feet, requiring a side lot line setback variance of eleven (11) feet. Accessory Structures The Development Code permits one residential accessory structure of up to 1,000 square feet on properties between 1.0 and 3.0 acres in size, (in addition to any detached garage, which does not exist on the parcel). There are three accessory structures on the property:  The first is a detached garage, which the Washington County Assessors’ records list as 528 square feet in size.  The second accessory structure is a pole barn, which was added onto the detached garage. It is about* 2,000 square feet in size.  The third accessory structure is an outdoor storage tent located to the northeast of the other structures and is about* 550 square feet in size. *Note - The size estimate was made with a measuring tool on an aerial image from the County Assessors website and should not be considered accurate. These structures exceed the number and size of permitted accessory structures for this property. It is recommended that the quantity of accessory structures be reduced to more closely comply with the standards for the lot, by removing the detached garage or the pole barn, as well as the outdoor storage tent. Lot Coverage The Shoreland Overlay District permits up to 25% lot coverage. A rough calculation of existing impervious coverage by the Planner found it to be below 10%. The proposed addition would increase the impervious surface cover by about 1,200 square feet, leaving the total impervious lot coverage well within the requirements of the ordinance. Building Height The maximum structure height permitted in the Shoreland Overlay District is 35 feet. The proposed addition matches the height of the existing 2-story structure, which is under the 35 foot height limit. Driveway Access The existing driveway from Lakamaga Trail North is gravel and straddles the applicants’ property and the adjacent property to the north, which is under d ifferent ownership. The Nora Variance Request Submitted: September 24, 2018 Scandia City Council Page 5 Planning Commission Hearing: October 2, 2018 applicants were asked if there is a driveway access agreement, and as of the time of this staff report, they were still investigating it. The applicants do not propose to move the driveway or resurface it. Wastewater Treatment and Well The house is serviced by an existing septic system that sits on the west side of the house between the house and the lake. The application does not indicate any plans to alter the system in conjunction with the addition. The existing well on the property is located where the proposed addition would occur and therefore a new well would need to be installed. It is proposed to be located about 40 east of the house in a central location of the property away from property lines, slopes and bluff areas. City Engineer, Ryan Goodman, provided the following comment on the new well:  Proposed new well will have to be approved by Minnesota Department of Health. Abandoning existing well shall be in compliance of State and Local requirements. Vegetation The proposed addition would not require the removal of trees or other significant vegetation, and is one of the primary reasons that it is proposed for that location. Placing the addition on the southern or eastern sides of the existing home would require the removal of trees, which the applicant wishes to avoid. The Shoreland Ordinance does permit removal of trees and other vegetation for the construction of structures and sewage treatment systems under validly-issued building permits, if it was necessary to do so. Grading and Drainage City Engineer, Ryan Goodman, provided the following recommendations and comments to address erosion control and drainage:  Erosion Control o Soil piles from the excavation for the proposed work shall be handled with care. Material should be hauled off site immediately or stored in a manner that has perimeter protection. o All erosion control devices must be installed before any construction work begins.  Drainage o The north roof of the addition shall install a rain gutter with leaf guard protector with roof leader directed towards lake. Nora Variance Request Submitted: September 24, 2018 Scandia City Council Page 6 Planning Commission Hearing: October 2, 2018 o Submitted information does not address the lot drainage with the additional impervious area being proposed closer to the property line. Applicant shall grade a swale and/or install drain tile along the north property line towards the lake to ensure drainage doesn’t discharge onto the adjoining property. Stormwater Management and Watershed District Comments Jim Shaver, the Carnelian-Marine-St. Croix Watershed District Administrator, said that the District had no comments and the applicant would not need a District permit for the work as shown. 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 The applicants’ rationale for the variance includes:  Locating an attached a garage adjacent to the kitchen and mudroom is a logical and practical home design.  The alternative addition locations, which could conform to required setbacks, have negative consequences they want to avoid. Adding onto the southern side of the house would require the removal of large trees and require running the driveway through their front yard area. Adding to the eastern side would place the addition in their front yard, require moving the driveway, and might require the removal of large trees. 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 12150 Lakamaga Trail 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 addition is 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 Nora Variance Request Submitted: September 24, 2018 Scandia City Council Page 7 Planning Commission Hearing: October 2, 2018 surface waters and bluff areas. Granting the side lot line variance will permit an addition that does not extend the home closer to the shoreline or bluff impact areas and avoids large tree removal. 2. 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 in the General Rural District and Shoreland District, and are a reasonable use on the parcel. 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 size and narrowness of the existing parcel, the location of slopes, bluffs, and existing vegetation, and the locations and orientation of the existing structures on the parcel. The applicant did not create the practical difficulties. 4. The variance would not alter the essential character of the area. Granting the variance would not alter the character of the area. The proposed addition will not abut existing structures on adjacent properties, will not impede or exacerbate water drainage to or from adjacent parcels, and will not disturb large tree stands or other notable vegetation. The area is characterized by narrow lots and many have substandard structure setbacks. 5. Economic conditions alone shall not constitute practical difficulties. The practical difficulties are not related to economic conditions alone, but are caused by the narrowness of the existing parcel and the location of the existing structures and natural features on the parcel. 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 danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. The proposed addition 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. Nora Variance Request Submitted: September 24, 2018 Scandia City Council Page 8 Planning Commission Hearing: October 2, 2018 The requested variance to the side lot line setback for the home addition is the minimum action required to add an attached garage away from bluff impact areas, to avoid large tree removal, and to relate to existing structures and features on the site. 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 one public comment at the hearing in favor of the variance, from Ken Hainey, 12124 Lakamaga Trail N. A couple of the Commissioners asked if there was an record of easement for shared use of the driveway which straddles the property line of the applicants’ parcel and the parcel to the nort h. The applicants did not have a recorded easement, but noted that the driveway has been shared for as long as they’ve used it. The Attorney said that the applicants might have the right to claim and prove up an easement. The Commissioners did not pursue the item further. The Commissioners asked if there were options to locate the addition on another side of the house in order to avoid the side setback from the northern property line. Planner Merritt Clapp - Smith and applicants noted that putting it on the south side would require the removal of large trees and placing it on the east side would put the garage on the front of the house and where the front yard is. Planner Sherri Buss stated that the arrangement and orientation of rooms in a house had been considered in past cases as a unique circumstance of a property. The number and size of accessory structures on the site was also discussed, since they exceed the standards for the site. The current property has a detached garage, which a pole barn was added on to, and a hoop shed. The Commissioners said that based on their site visit, the detached garage and pole barn seem like structure, not two, and that it would be impractical to tear down one part of the building. They agreed that the overall quantity of accessory structures should be reduced to more closely comply with site standards and recommended that the hoop shed be removed if the variance is approved. The Commission modified the condition for removal of accessory structures on the site and recommended approval of the variance. Nora Variance Request Submitted: September 24, 2018 Scandia City Council Page 9 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 a side lot line setback variance to allow an addition to the existing home at 12150 Lakamaga Trail North to be placed up to nine (9) feet from the north lot line, with the following conditions. 1. The location of the addition shall be consistent with the plans submitted to the City on September 11, 2018. 2. The applicants shall obtain other permits as required for building a home addition and installing a new well. 3. A survey of the property shall be conducted before any permits are issued for site work or construction to clearly identify the location and size of structures and utilities and to confirm the location of property lines, which will enable verification of setback conformance. 4. The applicants shall pay all fees and escrows associated with the variance application. 5. The applicants shall remove the outdoor hoop shed to more closely conform to the standards for accessory buildings on this parcel.