7.b ii. Discussion on Resolution 04-16-19-06 approving a variance from the front and side yard setbacksSUBJECT: Request for Variances from front and side yard setbacks for a home
garage addition.
MEETING DATE: April 16, 2019
LOCATION: 21467 Olinda Trail North, (PID 14.032.20.31.0060)
APPLICANT: Mike Hinz
21775 Olinda Lane
Scandia, MN 55073
OWNER:
4-04 cedar Street, 5vle 1500
Saint Paul, MN 55101
551 292,440.'1
ZONING:
rkda.com
TKDA
May 4, 2019
Memorandum
Complete application, plans, and supplemental information received
To:
Scandia City Council Reference: Hinz Variance Request
21467 Olinda Trail North
Copies To:
Neil Soltis, City Administrator Project No.: 17122.000 (Hinz)
Brenda Ecklund, City Clerk Routing:
Mike Hinz, applicant
From:
Merritt Clapp -Smith, Planner
Date:
April 9, 2019
SUBJECT: Request for Variances from front and side yard setbacks for a home
garage addition.
MEETING DATE: April 16, 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.
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Hinz Variances —Staff Report Submitted: April 9, 2019
Scandia City Council Page 2 Meeting: April 16, 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.
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Hinz Variances — Staff Report Submitted: April 9, 2019
Scandia City Council Page 3 Meeting: April 16, 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 attached 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.
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Hinz Variances —Staff Report Submitted: April 9, 2019
Scandia City Council Page 4 Meeting: April 16, 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:
I
Hinz Variances —Staff Report Submitted: April 9, 2019
Scandia City Council Page 5 Meeting: April 16, 2019
Olinda Trail North is a County Road and notification to County may be required.
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.
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.
ADDlicants' Rationale for the Variance and Discussions with the Ci
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 Findi
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.
I
Hinz Variances — Staff Report
Submitted: April 9, 2019
Scandia City Council Page 6 Meeting: April 16, 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.
S. 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.
7
Hinz Variances —Staff Report Submitted: April 9, 2019
Scandia City Council Page 7 Meeting: April 16, 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 City Council considers the Planning Commission recommendation and meeting notes from
April 2nd, discusses the variance request, and chooses to do one of following:
1. Approval
2. Approval with conditions
3. Denial with findings
4. Table the request
PLANNING COMMISSION RECOMMENDATIONS:
The Planning Commission recommends 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.
I
CITY OF SCANDIA, MINNESOTA
CITY COUNCIL RESOLUTION NO. 04-16-19-06
APPROVING VARIANCES FOR 21467 OLINDA TRAIL NORTH
WHEREAS, Mike Hinz has made an application for variances from the required front
and side yard setbacks for a home garage addition at 21467 Olinda Trail North; and
WHEREAS, the property is legally described as follows:
THE SOUTH 10 FEET OF LOT 2, BLOCK 16, SCANDIA, WASHINGTON COUNTY,
MINNESOTA, EXCEPT THE EAST 70 FEET THEREOF; AND LOT 3, BLOCK 16,
SCANDIA, EXCEPT THE SOUTH 30 FEET THEREOF AND EXCEPT THE EAST 70
FEET THEREOF. AND THOSE PARTS OF LOTS 3 AND 4, BLOCK 16 OF THE
RECORDED PLAT OF SCANDIA, WASHINGTON COUNTY, MINNESOTA,
DESCRIBED JOINTLY AS FOLLOWS: BEGINNING AT THE INTERSECTION OF
THE NORTH LINE OF THE SOUTH 30 FEET AND THE WEST LINE OF THE EAST
70 FEET OF SAID LOT 3; THENCE SOUTH, PARALLEL WITH THE EAST LINE
OF SAID BLOCK 16, A DISTANCE OF 32.27 FEET; THENCE DEFLECTING TO
THE RIGHT 70 DEGREES 35 MINUTES 40 SECONDS A DISTANCE OF 143.99
FEET TO THE WESTERLY LINE OF SAID BLOCK 16; THENCE NORTHERLY ON
SAID WESTERLY LINE OF BLOCK 16 A DISTANCE OF 88.07 FEET TO THE
INTERSECTION WITH SAID NORTH LINE OF THE SOUTH 30 FEET OF LOT 3;
THENCE EAST ALONG SAID NORTH LINE A DISTANCE OF 165.08 FEET TO
THE POINT OF BEGINNING; And
WHEREAS, the Planning Commission reviewed the request for the Variances at a duly
noticed Public Hearing on April 2, 2019 and recommended that the City Council approve the
variances with conditions;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it hereby
approves Variances to front and side yard setbacks to install an attached garage addition to a
single-family home at 21467 Olinda Trail North, based on the following findings:
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.
2. 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.
CC Resolution No.: 04-16-19-06
Page 2 of 3
3. 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. 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. 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 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 variances provide a logical location for an attached garage on a small lot
with no other location options for an attached garage.
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 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.
CC Resolution No.: 04-16-19-06
Page 3 of 3
Adopted by the Scandia City Council this 16th day of April, 2019.
Christine Maefsky, Mayor
ATTEST:
Neil Soltis, Administrator/Clerk