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7.b1 Report_Variance Application at 18640 Olinda Trl_Smith Memorandum To: Scandia City Council Reference: Smith Variance Request— 18640 Olinda Trail North Copies To: Brenda Eklund, City Clerk Project No.: 117122.000 Marschall Smith, applicant Routing: From: Merritt Clapp-Smith, Planner Date: August 12, 2019 SUBJECT: Request for Variance from the 200 foot setback from the road right- of-way. MEETING DATE: August 20, 2019 LOCATION: 18640 Olinda Trail North (PID 34.032.20.24.0026) APPLICANT: Marschall Smith 18640 Olinda Trail North Marine on St. Croix, MN 55047 OWNER: Debra M. Smith, Trust 18640 Olinda Trail North Marine on St. Croix, MN 55047 ZONING: General Rural (GR) District and Shoreland Overlay District 60-DAY PERIOD: August 20, 2019 ITEMS REVIEWED: Complete application, plans, and supplemental information received June 21, 2019 Smith Variance Request Submitted: August 12, 2019 Scandia City Council Page 2 Meeting: August 20, 2019 PROPERTY INFORMATION Parcel description: 18640 Olinda Trail North is a 20.03-acre farmstead property. It is on the shore of Marine Bay, next to Big Marine Lake. Zoning: The parcel is located in the General Rural (GR) District and the Shoreland Overlay District. Land use: The property has a 1.5 story single- family home built in 1903 and a half dozen agricultural outbuildings. There is no limit on the number or size of accessory structures since they are for agricultural use and on a parcel over 20 acres in size. The majority of the property is used for crop agriculture. Natural Features and Conditions: The property is mostly level, with the exception of a steep slope downward on the western edge, and a moderate slope downward from the primary residence to the lake edge along north and northwest boundary. The western edge and northwestern corner of the parcel up to the house are wooded, with most of the remaining land used for crop cultivation. Smith Variance Request Submitted: August 12, 2019 Scandia City Council Page 3 Meeting: August 20, 2019 DESCRIPTION OF THE REQUEST: The applicant at 18640 Olinda Trail North proposes to add an accessory dwelling unit on the property, to be located 138 feet from the road right -of-way, where a 200 foot setback is required under Development Code Chapter 2, Section 4.2(10)(C). “The detached Accessory Dwelling Unit must be located in the rear or side yard of the primary residence, and shall not be located closer to the road right -of-way than the principal structure without a variance unless all of the following conditions are met: 1. The accessory structure is at least 200 feet from the road right -of-way on lots of five (5) acres or more;…” EVALUATION OF VARIANCE REQUEST Comprehensive Plan 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, and states that overall density in the District should meet the Metropolitan Council requirement of no more than 1 housing unit per 10 acres. This property is 20 acres and is proposed to add a second residential property, which would be consistent with the overall density envisioned in the Comprehensive Plan. 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 location for the secondary residence is intended to avoid shoreland areas, slopes and vegetative cutting of large trees. The proposed secondary dwelling location is consistent with the policies of the Comprehensive Plan for uses in the General Rural and Shoreland Overlay Districts. Smith Variance Request Submitted: August 12, 2019 Scandia City Council Page 4 Meeting: August 20, 2019 Development Code Requirements Lot Size and Setbacks Lot Size The applicants’ parcel is 20.03 acres, which is a conforming lot size in the General Rural and Shoreland Overlay Districts. Setbacks Existing structures on the property meet side and rear setback requirements. The primary residence meets the front setback requirement. However, four of the existing accessory structures and the proposed accessory dwelling unit do not meet the front setback requirement for accessory structures, per Development Code Chapter 2, Section 3.2(2)(B)2: “No detached accessory structure…shall be located closer to the road right -of-way in relation to the front lot line than the principal structure on a lot unless the following conditions are met: … 2. The accessory structure is located on a lot of five (5) acres or more and is placed at least 200 feet from the road right-of-way.” The four (4) existing structures within 200 feet of Olinda Trail North are legally nonconforming. The proposed secondary dwelling requires a variance from the 200 foot setback requirement. Accessory Structures The property currently has six (6) accessory structures used for agricultural purposes. There is no limit on the number or size of accessory agricultural structures on a parcel over 20 acres in size. Lot Coverage The General Rural and Shoreland Overlay District permit up to 25% lot coverage. This 20+ acre farmstead property will remain far below the 25% lot coverage maximum, with the addition of the proposed dwelling. Building Height The maximum structure height permitted in the General Rural and Shoreland Overlay District is 35 feet. The proposed structure is 1-story, well under the 35 foot height limit. Driveway Access The accessory dwelling would share driveway access with the primary residence. Wastewater Treatment and Well The secondary dwelling unit must be provided with well and septic service in accordance with state, county and city requirements. Smith Variance Request Submitted: August 12, 2019 Scandia City Council Page 5 Meeting: August 20, 2019 Vegetation The proposed location for the new structure would not require the removal of trees or significant vegetation. Grading and Drainage City Engineer, Ryan Goodman, had no concerns or comments, except to recommend that I reach out to the County for its consideration. Ann Pung-Terwedo at the County had no concerns or comments. Stormwater Management and Watershed District Comments A representative for the Carnelian-Marine-St. Croix Watershed District Administrator stated that: “This project would not trigger District Rules (i.e. no CMSCWD permit required) because the requested variance is not for a waterbody setback.” Applicants’ Rationale for the Variance and Discussions with the City The applicants’ rationale for the variance indicated that: • They wish to avoid placement of the building on land used for cultivation. • They want the new building to blend into the farmstead landscape and the existing grouping of farm buildings, a number of which are located within 200 feet of the roadway. • They want to avoid cutting some large, old trees which would have been required by placing it further from the road. 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 variance from the 200 foot road right-of-way setback at 18640 Olinda Trail 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 secondary dwelling unit 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 and related accessory uses in the General Rural District and Shoreland Overlay District. 2. The property owner proposes to use the property in a reasonable manner under the conditions allowed by official control(s). Smith Variance Request Submitted: August 12, 2019 Scandia City Council Page 6 Meeting: August 20, 2019 Single-family residences and secondary dwellings are permitted in the General Rural District and Shoreland District, and are 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, and include the current grouping and look of accessory buildings around the farmyard, and the location of large trees and slopes which limit location options. The applicant did not create these 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 location of the secondary dwelling is further back from the right -of-way than some other accessory structures and fits into the existing grouping of buildings that sit between the road and the primary residence. The location of the building is compatible with the farmstead look of this agricultural property. 5. Economic conditions alone shall not constitute practical difficulties. The practical difficulties are not related to economic condition s alone. They are related to the existing form and placement of farmhouse and accessory structures on the site, keeping those building near the primary residence and on flat ground far from the lake shore and away from the tillable land area. 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 location of the secondary dwelling 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. The requested variance from the front setback is a modest action to keep the secondary residence away from the sloped areas of the site and in the grouping of other farm structures. Smith Variance Request Submitted: August 12, 2019 Scandia City Council Page 7 Meeting: August 20, 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 review the Planning Commission recommendation and comments received at a public hearing on August 6, discuss the variance request, and do one of the following: 1. Approve 2. Approve with conditions 3. Deny with findings 4. Table the request PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends approval of the variance to allow an accessory dwelling unit to be constructed 138 feet from the road right-of-way at 18640 Olinda Trail North, with the following conditions: 1. The location of the accessory dwelling shall be consistent with the plans submitted to the City on June 21, 2019. 2. The applicant shall obtain all other permits as required for adding an accessory dwelling unit on the property. 3. The accessory dwelling shall be served by well and septic in accordance with all state, county and city requirements. 4. The applicant shall pay all fees and escrows associated with the variance application .