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7.b)1) Staff report-Froiland VarianceMemorandum To: Scandia City Council Reference: Froiland Variance and Lot Line Adjustment Request Kristina Handt, City Administrator Brenda Eklund, Clerk Copies To: Daniel Froiland, Applicant Milo Horak, Landmark Project No.: 15744.005 Surveying Inc. From: Sherri Buss, RLA AICP, Routing: Planner Date: April 14, 2015 SUBJECT: Froiland Application for Variance and Lot Line Adjustment MEETING DATE: April 21, 2015 LOCATION: 22740 St. Croix Trail Scandia, Minnesota APPLICANT: Daniel A. Froiland ZONING: Agriculture Core (AG C) District 60 -DAY PERIOD: May 17, 2015 ITEMS REVIEWED: Application and Survey received March 18, 2015 BRIEF DESCRIPTION OF THE REQUEST: The Applicant is proposing to adjust a lot line between two parcels that he owns and create an access route and new driveway to the northern parcel. The subject parcels are located in the Agriculture Core (AG C) District. The applicant is requesting a variance from the Development Code requirement for lot line adjustments that states that parcels resulting from a lot line adjustment must be consistent with all Development Code requirements. Neither parcel meets the requirement for roadway frontage in the Development Code; parcel B has an existing access to a public roadway. If the An employee owned company promoting affirmative action and equal opportunity 444 Cedar Street, Suite 1500 Saint Paul, MN 55101 651.292.4400 tkda.cam TKDA Memorandum To: Scandia City Council Reference: Froiland Variance and Lot Line Adjustment Request Kristina Handt, City Administrator Brenda Eklund, Clerk Copies To: Daniel Froiland, Applicant Milo Horak, Landmark Project No.: 15744.005 Surveying Inc. From: Sherri Buss, RLA AICP, Routing: Planner Date: April 14, 2015 SUBJECT: Froiland Application for Variance and Lot Line Adjustment MEETING DATE: April 21, 2015 LOCATION: 22740 St. Croix Trail Scandia, Minnesota APPLICANT: Daniel A. Froiland ZONING: Agriculture Core (AG C) District 60 -DAY PERIOD: May 17, 2015 ITEMS REVIEWED: Application and Survey received March 18, 2015 BRIEF DESCRIPTION OF THE REQUEST: The Applicant is proposing to adjust a lot line between two parcels that he owns and create an access route and new driveway to the northern parcel. The subject parcels are located in the Agriculture Core (AG C) District. The applicant is requesting a variance from the Development Code requirement for lot line adjustments that states that parcels resulting from a lot line adjustment must be consistent with all Development Code requirements. Neither parcel meets the requirement for roadway frontage in the Development Code; parcel B has an existing access to a public roadway. If the An employee owned company promoting affirmative action and equal opportunity Froiland Variance Scandia City Council Page 2 April 21, 2015 City approves the variance request, the lot line adjustment may then be approved by the City Administrator. DETAILED EVALUATION OF THE REQUEST: Comprehensive Plan The Comprehensive Plan states that the Agriculture Core (AG C) District includes areas where agricultural production will continue to be the predominant land use. Residential development that is compatible with agriculture is a secondary use in the district. The maximum density permitted in the District is 4 units per 40 acres. The proposed lot line adjustment will maintain the current number of buildable parcels, while changing the size of each parcel. The proposed residential use is consistent with the Comprehensive Plan recommendations for uses and densities in the AG C District. Lot Size, Frontage, and Proposed Driveway The Development Code specifies a density of 4 dwelling units per 40 acres in the AG C District. The minimum lot size permitted is 2.0 to 5.0 acres, or 20 acres and larger. The applicant is proposing to adjust Parcel A from its current size of 30.53 acres to increase its area to 34.41 acres (new Parcel C). Parcel B would be reduced in size with the lot line adjustment from 40.15 acres to 36.27 acres (new Parcel D). The proposed lot sizes meet the minimum lot size reauirement for the district. The existing Parcel A does not have frontage on a public roadway. Parcel B has an existing access to St. Croix Trail that will not be changed by the lot line adjustment. Neither parcel meets the frontage requirement in the current ordinance, which is 300 feet for parcels that are 4.0 acres in size or larger. The applicant is proposing to utilize the future 230th Street North to provide access to the new Parcel C. He is proposing to create a new driveway across the proposed street area to access the parcel. The City needs to obtain an easement for the future 230th Street North. The City Engineer also noted that the City needs an easement for the future roadway connection between 230th Street North and Perkins Avenue North in addition to the easement for 230th Street North. The Engineer submitted a drawing (attached) that indicates the area that will be needed for a 30 mile -per -hour curve. In addition to the curve area, the easement needs to include sufficient right-of-way for any associated ditches and a clear zone for safety. City staff have included proposed conditions for the variance that would be required in order to permit the applicant to use the 230th Street North easement as access for Parcel C, and require easements for future road access that would be required for future development of the parcel: The lot lines shall be adjusted so that the southern boundary of Parcel C is consistent with the southern boundary of the proposed 230th Street easement. The applicant shall give the City a 66' easement along 2301h Street for the proposed driveway and potential future 230th Street North. The easement area shall include sufficient right-of-way for a connecting curve from Perkins Avenue to 230th Street and associated ditches and clear zone. The City 7 Froiland Variance Scandia City Council Page 3 April 21, 2015 Engineer shall review and approve the easements before the City approves the lot line adjustment. If the applicant or owner subdivides Parcel C, he/she shall construct 230th Street North as a public roadway that meets City standards for the subdivision. The proposed driveway access to Parcel C shall be privately owned and maintained. In order to provide reasonable access to fire trucks and rescue vehicles, the applicant shall provide a minimum 12' wide gravel surface for the proposed driveway. The gravel should be a minimum 6" thick compacted surface. The driveway shall be constructed before a building permit will be approved for Parcel C. The applicant shall maintain a 16' wide opening around the driveway by clearing trees or shrubs as needed. The City Engineer shall review the driveway after construction to ensure that emergency services can access the parcel. The applicant shall slope the driveway to drain the gravel to ditches and culverts, and shall add ditches or culverts if needed to provide adequate drainage for the driveway. The driveway shall at all times be maintained in a condition so as to allow access by fire trucks, rescue and other emergency vehicles, including ensuring that equipment and vehicles are not parked within the driveway area. The applicant shall obtain an access permit for the parcel to the south of the 230th Street North easement (Lot 1 Block 1 Prairie Hollow, PID 1203220210004). The applicant shall construct a temporary turnaround at Perkins Avenue and 230th Street North for snowplowing. This includes a 24' wide by 30' long turn around with 10' radiuses. The proposed subdivision requires a variance from the lot frontage requirement. Findings related to the variance request are discussed below. The Planner has included the recommended conditions for the driveway and 230th Street easements and construction in the proposed conditions for approval of the variance. Setbacks The setback requirements in the AG C District for lots of 20 acres or more are: 40 feet front yard; 20 feet side yard, and 50 feet rear yard. The existing structures on Parcel B meet the setback requirements. New structures on the proposed Parcel C or D will be required to meet the setback requirements in the Development Code. Maximum Lot Coverage The maximum allowed lot coverage in the AG C District is 25%. The Planner estimated that the lot coverage by existing structures on Parcel B would be less than 1 % of the parcel area after the subdivision of the property. The conditions include a requirement that the development on both lots meet the ordinance reauirements. includina lot coveraae. Accessory Structures No new accessory structures are proposed at this time. Existing Parcel B includes 1 existing accessory structure. Based on an aerial photo, the planner estimated that the structure is approximately 2600 square feet in area. The development code allows up to 2 residential accessory structures totaling 5,500 square feet and an unlimited I Froiland Variance Scandia City Council Page 4 April 21, 2015 number of agricultural accessory structures on parcels that are between 30 and 40 acres in size. The existing accessory structures comply with the Development Code. Accessory structures Dr000sed in the future on Parcels C and D will need to meet the ordinance requirements. Building Height No new buildings are proposed in this application. Wastewater System No new wastewater systems are proposed at this time. The applicant or future owners of the properties will need to meet the requirements of the Washington County Subsurface Sewage Treatment System Regulations and obtain required County permits for any future development on the parcels. Stormwater Management and Land Alteration No grading plan was included in the application, and the City Engineer indicated that a grading permit may not be required for the driveway construction. Future development on the parcels will need to meet the requirements of the Carnelian -Marine -St. Croix Watershed District (CMSCWD) and the City's zoning and subdivision ordinance for stormwater management and land alteration. The Planner provided a copy of the proposed lot line adjustment and access to the CMSCWD for comment, and the District Administrator responded that the District has no concerns related to the proposed variance and lot line adjustment. Landscape Plan No new landscaping is proposed. DETAILED DISCUSSION OF THE VARIANCE REQUEST Ordinance 129 states that variances are allowed when the strict enforcement of the Development Code would cause practical difficulties because of circumstances unique to the individual property under consideration. The criteria for granting a variance include the following: The applicant proposes to use the property in a reasonable manner not permitted by the Development Code. The plight of the landowner is due to circumstances unique to the property, not created by the landowner. The variance, if granted, will not alter the essential character of the locality. The practical difficulties are not due solely to economic conditions. The proposed variance will not impair an adequate supply of light and air to adjacent properties, substantially increase the congestion of public streets, or increase the danger of fire or endanger public safety, or substantially diminish or impair property values within the neighborhood. That the requested variance is the minimum action required to eliminate the practical difficulty. I Froiland Variance Scandia City Council Page 5 April 21, 2015 Practical difficulties include, but are not limited to inadequate access to direct sunlight for solar energy systems. The applicant is requesting a variance from the zoning and subdivision requirements for frontage on a public roadway in order to permit a lot line adjustment. The request includes granting a 66' easement to the City for 230th Street North, obtaining an access permit for the parcel south of 2301h Street North, and creating a new driveway to access the proposed Parcel C. Future development of Parcel C would require the applicant/owner to develop a public street within the 2301h Street North Easement that meets city engineering standards. The zoning code and subdivision regulations require minimum frontage on a public roadway for the following reasons: To provide adequate access to homes or businesses for police, fire and other emergency services, school buses, snow plowing and similar public purposes To manage the number of driveway accesses on public roadways to protect safety and mobility for those using public roadways The City has approved at least one variance to the minimum frontage requirement in the past to provide access for a landlocked parcel. In that case, the City included conditions in the variance that required that the access and driveway be improved to minimum standards to allow for access by emergency vehicles. FINDINGS The following bullets present the Planner's findings related to the Froiland request for a variance, based on the statutory criteria for granting a variance. Each of the criteria are shown in italics: Variances shall only be permitted when they are in harmony with the general purposes and intent of the official control. The proposed residential use and lot sizes are consistent with the Comprehensive Plan and development code. The proposed access is required to support the proposed use. 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 uses in the Agriculture Core District, and the proposed use is therefore a reasonable use of the property. The practical difficulties are not caused by the landowner, and are unique to the property. The practical difficulties are caused by the landlocked condition of the existing Parcel A. The difficulty was a pre-existing condition unique to the parcel, and was not created by the current landowner. The variance would not alter the essential character of the area. The surrounding area is a developed with residential and agricultural uses on a variety of lot sizes. The proposed 30+ -acre parcels and residential uses are consistent with the pattern of surrounding development and the General Rural District. I Froiland Variance Scandia City Council Page 6 April 21, 2015 Economic conditions alone shall not constitute practical difficulties. The practical difficulties are the result of the landlocked condition of Parcel A, and are not only an economic condition. The proposed variance will not impair an adequate supply of light and air to adjacent properties, substantially increase the congestion of public streets, or increase the danger of fire or endanger public safety, or substantially diminish or impair property values within the neighborhood. The proposed development of the driveway and lot line adjustment will not impair the light or air available to adjacent parcels, substantially increase traffic, fire danger or public safety concerns. The conditions require the new driveway to be developed to provide adequate public safety and fire access. Development on the new parcel will be required to meet the requirements of the City's development code and subdivision ordinance, and is unlikely to diminish or impair property values in the surrounding neighborhood. That the requested variance is the minimum action required to eliminate the practical difficulty. The requested variance from the frontage requirement will permit the proposed lot line adjustment, and creation of a driveway to serve Parcel C. The proposed variance is the minimum action needed to address the practical difficulty to permit the lot line adjustment. Practical difficulties include, but are not limited to inadequate access to direct sunlight for solar energy systems. The proposed subdivision will not affect direct solar access for surrounding properties. The findings support granting the variance. PLANNING COMMISSION PUBLIC HEARING AND RECOMMENDATIONS The Planning Commission held a public hearing for the Froiland variance request at their regular meeting on April 7. A resident who lives at the corner of 230th Street and Perkins Avenue asked if her mail box would be relocated when the roadway curve is built at that corner. The City Administrator indicated that the City will work with her on mailbox relocation. The surveyor who developed the plan for Mr. Froiland asked if modifications could be made to the design of the curve to minimize the impact to adjacent parcels. The Administrator suggested that the surveyor work with the City Engineer, who designed the proposed curve, to determine if modifications could be made. Planning Commissioners asked if the proposed turnaround at 23011 and Perkins could accommodate school buses, and if the City's maintenance of Perkins Avenue will continue. The Administrator answered yes to both questions. The Commission discussed the application and conditions, made a minor modification to one of the conditions, and recommended that the City Council approve the variance. ACTION REQUESTED: The City Council should can recommend the following: 1. Approval 2. Approval with conditions 7 Froiland Variance Scandia City Council Page 7 April 21, 2015 3. Denial with findings 4. Table the request PLANNING COMMISSION RECOMMENDATIONS: The Planning Commission recommends that the City Council approve the proposed variance from the zoning and subdivision requirement for frontage on a public roadway for the two parcels located at 22740 St. Croix Trail. The Commission recommends the following conditions for the variance: 1. The lot line adjustment and creation of the easement and driveway on the parcels shall be in substantial compliance with the survey submitted to the City on March 18, 2015. The platted lots shall meet the requirements of the Development Code. 2. The applicant shall record the approved lot line adjustment and easements in the office of the Washington County Recorder within 120 days of the date of approval. If not recorded within the 120 -day period, the approval shall be considered void. 3. The applicant shall grant the City a 66' easement along 230th Street for the proposed driveway and potential future 230th Street North, and an easement for the connection from Perkins Avenue North to 2301h Street North, including sufficient area for the roadway curve, ditches, and clear zone, as determined by the City Engineer. The City Engineer shall review and approve the proposed easement before the city will approve the lot line adjustment. 4. If the applicant or owner subdivides Parcel C in the future, he/she shall construct 230th Street as a public roadway that meets the City's engineering standards. 5. The proposed private driveway access to Parcel C shall be privately owned and maintained. 6. In order to provide reasonable access to fire trucks and rescue vehicles, the applicant shall provide a minimum 12' wide gravel surface for the proposed driveway access to Parcel C. The gravel should be a minimum 6" thick compacted surface. The driveway shall be constructed before a building permit will be approved for Parcel C. 7. The applicant shall maintain a 16' wide opening around the driveway by clearing trees or shrubs as needed. The City Engineer shall review the driveway after construction to ensure that emergency services can access the parcel. 8. The applicant shall slope the driveway to drain the gravel to ditches and culverts, and shall add ditches or culverts if needed to provide adequate drainage for the driveway. 9. The applicant shall at all times maintain the driveway in a condition so as to allow access by fire trucks, rescue and other emergency vehicles, including ensuring that equipment and vehicles are not parked within the driveway area. 10. The applicant shall obtain an access permit for the parcel to the south of the 230th Street North easement (Lot 1 Block 1 Prairie Hollow, PID 1203220210004). I Froiland Variance Scandia City Council Page 8 April 21, 2015 11. The applicant shall construct a temporary turnaround at Perkins Avenue North and 230th Street North for snow plowing. This includes a 24' wide by 30' long turn around with 10' radiuses. 12. The applicant or future owner shall obtain the required wastewater system permit from Washington County for future development on the parcels. 13. The applicant or future owner shall obtain a Watershed District permit for storm water management for proposed improvements and erosion control for future development on Parcel C or D if required by the District. 14. The Applicant shall pay all fees and escrows. 7