Loading...
5.a Application for variance from front and side yard setbacks - 21467 Olinda Trail Memorandum To: Scandia Planning Commission Reference: Hinz Variance Request 21467 Olinda Trail North Copies To: Neil Soltis, City Administrator Project No.: 17122.000 (Hinz) Brenda Eklund, City Clerk Routing: Mike Hinz, applicant From: Merritt Clapp-Smith, Planner Date: March 19, 2019 SUBJECT: Request for Variances from front and side yard setbacks for a home garage addition. MEETING DATE: April 2, 2019 LOCATION: 21467 Olinda Trail North, (PID 14.032.20.31.0060) APPLICANT: Mike Hinz 21775 Olinda Lane Scandia, MN 55073 OWNER: Mike and Melanie Hinz 21775 Olinda Lane Scandia, MN 55073 ZONING: Village Neighborhood (VN) District 60-DAY PERIOD: May 4, 2019 ITEMS REVIEWED: Complete application, plans, and supplemental information received March 5, 2019. Hinz Variances – Staff Report Submitted: March 19, 2019 Scandia Planning Commission Page 2 Public Hearing: April 2, 2019 PROPERTY INFORMATION Parcel description: 21467 Olinda Trail North is a 0.53 acre residential lot. Zoning: The parcel is located in the Village Neighborhood (VN) District. Land use: The lot has a single-family home and detached garage on it. Natural Features and Conditions: The lot is fairly flat with a combination of lawn and lightly wooded area. There are no distinguishing natural features or conditions such as wetlands. Image from Washington County Tax Records. Hinz Variances – Staff Report Submitted: March 19, 2019 Scandia Planning Commission Page 3 Public Hearing: April 2, 2019 DESCRIPTION OF THE REQUEST: The applicant is proposing to add an attached garage to his existing single-family home and to move an existing detached garage to another location on the property. The property is an existing nonconforming lot size of 0.53 acres (required minimum is 2.5 acres). The existing home and garage are also nonconforming, the home placed within 32 feet of the front lot line and the existing detached garage within 4.8 feet from the side lot line. VN Zoning District Required Proposed Existing Front Setback 40 ft 32 ft 32 ft Side Setback 20 ft 4.8 ft 4.8 ft The proposed location of the garage addition relates to the existing layout of the house. It would place the garage next to the existing kitchen and living area, where attache d garages are typically located. If the garage addition was placed on the south side, access would be through the bedrooms, and it cannot be placed on the east side due to the existing septic system. The existing detached garage is proposed to be moved to a location southeast of the house, away from the septic system and within the side and rear setback requirements. Hinz Variances – Staff Report Submitted: March 19, 2019 Scandia Planning Commission Page 4 Public Hearing: April 2, 2019 EVALUATION OF VARIANCE REQUEST Comprehensive Plan The Comprehensive Plan describes the Village Neighborhood District as a small lot, single-family residential area. This is consistent with the existing and proposed use of this lot. Development Code Requirements relevant to proposed application Lot Size and Setbacks Lot Size The applicant’s parcel is 0.53 acres, smaller than the minimum lot size of 2.5 acres in the Village Neighborhood (VN) District. It is a non-conforming lot. Lot Coverage Lot coverage for buildings and impervious surfaces is limited to 25% of the lot. Lot coverage following addition of the attached garage will be 18.3%. Setbacks The proposed addition of an attached garage to the existing resident requires variances from the side and front setbacks.  Required front setback is 40 feet; Proposed is 32 feet  Required side setback is 20 feet; Proposed is 4.8 feet Driveway Access The existing driveway will remain as is for access to the proposed garage addition . Vegetation The lot has a combination of lawn and lightly wooded area. Grading and Drainage A grading permit and erosion control permit will be required before construction begins. Recommendations from the City Engineer related to grading and drainage are noted in the following item. Water and Wastewater The property has existing water service through a shared well, and an existing individual septic treatment system on site. City Engineer Comments City Engineer, Ryan Goodman, provides the following recommendations and comments: Hinz Variances – Staff Report Submitted: March 19, 2019 Scandia Planning Commission Page 5 Public Hearing: April 2, 2019 1. Olinda Trail North is a County Road and notification to County may be required. 2. Area along the north lot line poses concerns for drainage based on the information available. If variance is approved, a grading plan will have to be prepared to show how drainage within the area along the northern lot line is maintained as the elevations available from 2’ Lidar show this area to be very flat. 3. If variance is approved, include a condition of approval that the grading plan may require the north side of the building expansion to install rain gutters to divert drainage. 4. All proposed new construction/relocated garage will meet setbacks for sewer system/mound drainfield and well location. Stormwater Management and Watershed District Comments Comments from Carnelian-Marine-St. Croix Watershed District Administrator Jim Shaver: The Watershed District has no issues with the request. The project as planned will require a CMSCWD permit for stormwater management and erosion control. Applicants’ Rationale for the Variance and Discussions with the City The applicant’s rationale for the variances are:  The location of the existing house and septic system limit location options for an attached garage.  The interior configuration of the house makes placement of the garage on the north side of the house the logical location.  The lot line angle in relation to the road and current home are irregular and make it very challenging to meet the setback requirements.  The existing garage is 4.8 feet from the side lot line and the new attached garage would be no closer. 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 setback variances for the addition of an attached garage at 21775 Olinda Lane. 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 Comprehensive Plan identifies the Village Neighborhood District as an area of small, single-family residential lots. The proposed addition of a garage to an existing single-family home on a small lot is in harmony with this intent. Hinz Variances – Staff Report Submitted: March 19, 2019 Scandia Planning Commission Page 6 Public Hearing: April 2, 2019 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 Village Neighborhood District and a home with an attached garage is therefore 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. They include the small lot size, the existing location and orientation of the house relative to the lot lines, the interior layout of the house, and the existing location of the septic system, all of which limit the logical location option for an attached garage to the north side of the house. The proposed garage addition on the north side of the house connects it to the existing kitchen and living area, where attached garages are typically located. If the garage addition was placed on the south side, access would be through the bedrooms, which would be problematic. Placing the garage to the east side would not work due to location of the existing septic system. 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 attached garage would replace an existing detached garage in the same area of the lot and is a use consistent with others homes and garages in the area. 5. Economic conditions alone shall not constitute practical difficulties. The practical difficulties are not related to economic conditions alone; they are caused by the size of the lot and the location of the existing home. 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 attached garage will be located next to the house, where a detached garage currently exists. It 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. Hinz Variances – Staff Report Submitted: March 19, 2019 Scandia Planning Commission Page 7 Public Hearing: April 2, 2019 The requested variances provide a logical location for an attached garage on a small lot with no other location options for an attached garage. 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. ACTION REQUESTED: The Planning Commission should receive public comments at the hearing on March 5, 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 the setback variances from the front and side lot lines to allow the addition of an attached garage to the existing residence. 1. The locations of the attached garage addition and the relocated detached garage shall be consistent with the plans submitted to the City on March 5, 2019. 2. A grading plan will be required and shall indicate how drainage will be managed along the northern lot line where the ground is very flat. The grading plan may require the north side of the building addition to install rain gutters to divert drainage. 3. A Carnelian-Marine-St. Croix Watershed District permit for stormwater management and erosion control will be required. 4. All proposed new construction and the relocated garage will meet setbacks for the sewer system / drainfield and well location. 5. The applicant shall obtain other permits as required for building an attached garage and moving the detached garage to a new location on the lot. 6. The applicant shall pay all fees and escrows associated with the variance application.