7.b iii. Discussion on Resolution 04-16-19-07 approving a variance from the front yard setbackSUBJECT:
444 Cedar Srreel, 5vle 1500
Saint Paul, MN 55101
MEETING DATE:
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PID 31.032.20.14.0025 = 0.17 acres)
Memorandum
Michael Wiebe
To:
Scandia City Council Reference: Wiebe Variance Request
18590 Langly Avenue North
Copies To:
Neil Soltis, City Administrator Project No.: 17122.000 (Wiebe)
Brenda Ecklund, City Clerk Routing:
Michael Wiebe, applicant
From:
Merritt Clapp-Smith, Planner
Date:
April 9, 2019
SUBJECT:
Request for a Variance from front yard setback for a new primary
residential structure.
MEETING DATE:
April 16, 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.
An rtnl*Ud* owned compaaW prornming c,1krrnatlo acllon arW equal appo-rlunily
Wiebe Variance Request Submitted: April 9, 2019
Scandia City Council Page 2 Meeting: April 16, 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.
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7
Wiebe Variance Request Submitted: April 9, 2019
Scandia City Council Page 3 Meeting: April 16, 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%.
4,
LEGAL
Lot 10 & 11, Block 3,
BLISS PLAT FIRST DIVISION,
Washington County, Minnesota
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Wiebe Variance Request Submitted: April 9, 2019
Scandia City Council Page 4 Meeting: April 16, 2019
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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
7
Wiebe Variance Request Submitted: April 9, 2019
Scandia City Council Page 5 Meeting: April 16, 2019
Lot Size and Setbacks
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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 1/1 isn't an issue. Driveway Application Permit shall 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.
I
Wiebe Variance Request
Submitted: April 9, 2019
Scandia City Council Page 6 Meeting: April 16, 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 the front setback area.
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 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.
I
Wiebe Variance Request
Submitted: April 9, 2019
Scandia City Council Page 7 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 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.
S. 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.
7
Wiebe Variance Request Submitted: April 9, 2019
Scandia City Council Page 8 Meeting: April 16, 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 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 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.
7
CITY OF SCANDIA, MINNESOTA
CITY COUNCIL RESOLUTION NO. 04-16-19-07
APPROVING VARIANCE FOR 18590 LANGLY AVENUE NORTH
WHEREAS, Michael Wiebe has made an application for a variance from the required
front yard setback for a new residential structure at 18590 Langly Avenue North; and
WHEREAS, the properties are legally described as follows:
SUBDIVISIONNAME BLISS PLAT 1ST DIVISION LOTS 10 AND 11 BLOCK 3
SUBDIVISIONCD 91100; And
WHEREAS, the Planning Commission reviewed the request for the Variance at a duly
noticed Public Hearing on April 2, 2019 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 the front yard setback for a new residential structure at 18590 Langly
Avenue North, based on the following findings:
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.
2. 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 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.
CC Resolution No.: 04-16-19-07
Page 2 of 3
4. 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. 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 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 places the home in a reasonable location on the lot, requiring only
one variance and reducing impacts to steep areas of the property.
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:
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.
Adopted by the Scandia City Council this 16th day of April, 2019.
Christine Maefsky, Mayor
CC Resolution No.: 04-16-19-07
Page 3 of 3
ATTEST:
Neil Soltis, Administrator/Clerk