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6.a Application for variance from front yard setback - 18590 Langly Avenue Memorandum To: Scandia Planning Commission Reference: Wiebe Variance Request 18590 Langly Avenue North Copies To: Neil Soltis, City Administrator Project No.: 17122.000 (Wiebe) Brenda Eklund, City Clerk Routing: Michael Wiebe, applicant From: Merritt Clapp-Smith, Planner Date: March 19, 2019 SUBJECT: Request for Variances from front yard setback for a new primary residential structure. MEETING DATE: April 2, 2019 LOCATION: 18590 Langly Avenue North, (PID 31.032.20.14.0024 = 0.171 acres, and PID 31.032.20.14.0025 = 0.17 acres) APPLICANT: Michael Wiebe 20633 Hamlet Ave N Forest Lake, MN 55025 OWNER: Michael Wiebe 20633 Hamlet Ave N Forest Lake, MN 55025 ZONING: General Rural District and Shoreland Overlay District 60-DAY PERIOD: May 11, 2019 ITEMS REVIEWED: Complete application, plans, and supplemental information received March 12, 2019. Wiebe Variance Request Submitted: March 19, 2019 Scandia Planning Commission Page 2 Public Hearing: April 2, 2019 PROPERTY INFORMATION Parcel description: 18590 Langly Avenue North is the address for two vacant lots, which together are 0.31 acres in size. Both lots are non-conforming for parcel size. Zoning: The parcels are located in the General Rural District and in the Shoreland Overlay of Big Marine Lake. Land use: The lots are vacant. There are existing tanks on the lot that are connected to the Bliss Community septic system. Natural Features and Conditions: The lots are lightly wooded, with steeper slopes to the rear and gentle slopes on the middle to front area of the lots. There are no wetlands. Image from Washington County Tax Records. Wiebe Variance Request Submitted: March 19, 2019 Scandia Planning Commission Page 3 Public Hearing: April 2, 2019 DESCRIPTION OF THE REQUEST: The applicant is proposing to build a new residential structure on two adjacent vacant lots in the Bliss Addition. The proposed location would place the home 20 feet from the front lot line, which is half of the required 40 foot setback. The home location would meet the required 50 foot rear setback and 20 foot side setbacks. GR Zoning District Required Proposed Front Setback 40 ft 20 ft – variance Side Setback 20 ft 20 ft – complies Rear Setback 50 ft 50 ft - complies Lot Coverage 25% maximum 24.05% - complies The combined size of the two lots is 0.31 acres. The proposed home will be 2,039 square feet and the driveway will be 1,238 square feet, for a total lot coverage of 24%. Wiebe Variance Request Submitted: March 19, 2019 Scandia Planning Commission Page 4 Public Hearing: April 2, 2019 EVALUATION OF VARIANCE REQUEST 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. 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. There are existing tanks on the lot that are connected to the Bliss Community septic system. 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 single family home is consistent with the policies of the Comprehensive Plan for uses in the General Rural and Shoreland Overlay Districts. Development Code Requirements relevant to proposed application Wiebe Variance Request Submitted: March 19, 2019 Scandia Planning Commission Page 5 Public Hearing: April 2, 2019 Lot Size and Setbacks Lot Size The applicant’s proposal straddles two nonconforming lots, which combined would equal 0.31 acres. Combining the lots into a single parcel will be a condition of development. The combined lots will still less than the minimum lot size of 2.0 acres for the GR district, but similar to or larger than many of the lots in the Bliss Addition . Setbacks The proposed home location requires a variance from the front setback – required is 40 feet and proposed in 20 feet. Driveway Access A driveway would run directly between the house and Langly Ave N. Vegetation The property is a wooded lot. Existing vegetation would be removed for construction of the home and driveway, as well as some yard space. Grading and Drainage The applicant has not yet applied for a grading permit from the City of Scandia. Water and Wastewater There are existing tanks on the lot that are connected to the Bliss Community septic system. An individual well will be required to provide water service to the lot. City Engineer Comments City Engineer, Ryan Goodman, provided the following recommendations and comments: 1. Paved roadway within the right-of-way of Langly Ave N is shifted slightly north/east of centerline thus if variance setback was approved you still would have adequate room for ditch grading and driveway culvert installation to maintain drainage across this property. 2. Grading plan will have to be submitted which will have to illustrate real elevations. Note plan submitted has elevations in the “300’s” but the real elevations for this area are in the “900’s”. Since house would back up against a hill several spot elevations showing proposed drainage will be important. Final location of septic tanks will be reviewed closely to ensure I/I isn’t an issue. Driveway Application Permit shal l be anticipated for the installation of a driveway culvert. Driveway width shall be minimum of 12’ feet and maximum of 24’ feet. 3. Proposed elevations for new house appear to be incorrect, as they are significantly lower than the OHW of Big Marine Lake. This is assumed to be a typo. Revised elevations should be provided with the grading plan. 4. When applicant combines the 2 lots, City should obtain 5 foot drainage & utility easements around entire combined parcel. Wiebe Variance Request Submitted: March 19, 2019 Scandia Planning Commission Page 6 Public Hearing: April 2, 2019 Stormwater Management and Watershed District Comments Jim Shaver from the Carnelian-Marine-St. Croix Watershed District Board reviewed the application and offered these comments: The District has no issues with the front yard variance. However, the plans show incorrect elevations. We would like set of plans with the corrected elevations for our file. As I recall from conversations with the applicant, they were proposing a low floor elevation that exceeded District Rules to which we would object. This will need to be addressed when the applicant applies for a CMSCWD Permit, which is required. DNR Comments The Department of Natural Resources (DNR) Area Hydrologist, Jenifer Sorensen, was sent the application for review. She replied, “DNR has no comment on this variance request to the City’s front setbacks.” Applicants’ Rationale for the Variance and Discussions with the City The applicant’s rationale for the variance is that the depth of the lot and its natural topography, which is steep to the rear, limits the buildable area of the lot to be within t he front setback area. 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 variance for a new home at 18590 Langly Avenue 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 location for the residential structure 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 uses in the General Rural District and Shoreland Overlay District. The Comprehensive Plan and Shoreland Ordinance include policies to support the Shoreland Ordinance requirements in order to protect the quality of surface waters and bluff areas. Granting the front set back variance will permit location of the home on an area of the parcel that are relatively flat and avoids a steep slope at the rear of the property. Locating the home closer to the roadway will have the added benefit of shortening the driveway length, thereby reducing impervious surface area on the lot. Wiebe Variance Request Submitted: March 19, 2019 Scandia Planning Commission Page 7 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 General Rural District and Shoreland District and are 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. The first difficulty is the change in elevation across the property, with a rise of 24 feet from front to back, much of which is concentrated on a steep slope at the rear. The second practical difficulty is the small size and shallow depth of the property, which is typical of lots in the Bliss Addition. The depth of 120 feet, combined with avoiding the steep slope at the rear of the property, pushes the buildable home area into the front setback. 4. The variance would not alter the essential character of the area. Granting the variance would not alter the character of the area. The area is typified by small lots with residential structures, most if which do not comply with lot size and setback standards. Other residences along Langly Road encroach into the 40 foot setback area. 5. Economic conditions alone shall not constitute practical difficulties. The practical difficulties are not related to economic conditions alone, but are caused by the small size of lots in the subdivision and the change in elevation that creates a steep slope at the rear of the lot. 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 residential structure will not impair the supply of light or air to adjacent properties, since it is roughly centered in the lot and only 2 stories tall. It will not substantially increase congestion since it is only one residence, and as a compatible land use in the area, it will not 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 variance places the home in a reasonable location on the lot, requiring only one variance and reducing impacts to steep areas of the property. Wiebe Variance Request Submitted: March 19, 2019 Scandia Planning Commission Page 8 Public Hearing: April 2, 2019 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 front setback variance for a new residential structure on the property. 1. The location of the new residential structure and driveway shall be consistent with the plans submitted to the City on March 12, 2019. 2. Plan elevations shall be corrected for the grading plan and the floor elevation for the residential structure will be adjusted to comply with watershed district requirements. 3. The applicant shall obtain permits for grading and erosion control, building a residential structure, installing a driveway, a watershed permit, and other permits as required . 4. Prior to issuance of any City permits, the applicant shall combine the lots into a single parcel and obtain 5 foot drainage & utility easements around entire combined parcel. 5. The applicant shall pay all fees and escrows associated with the variance application.