4.a) Staff Report-18997 LaytonAndersonVariance PC6 2 15
Memorandum
To: Scandia Planning
Commission
Kristina Handt, City
Administrator
Reference: 18997 Layton Avenue Variance
Application, City of Scandia
Copies To: Brenda Eklund, Clerk
Wallace and Jeannette
Anderson, applicants
Project No.: 15744.007
From: Sherri Buss, RLA AICP,
Planner
Routing:
Date: May 21, 2015
SUBJECT: 18997 Layton Avenue Variance Application
MEETING DATE: June 2, 2015
LOCATION: 18997 Layton Avenue North
Scandia, Minnesota
APPLICANTS: Wallace and Jeannette Anderson
1424 131st Lane NE
Blaine, MN 55449
ZONING: General Rural (GR) District and Shoreland Overlay District
60-DAY PERIOD: July 10, 2015
ITEMS REVIEWED: Application and Survey received May 11, 2015
BRIEF DESCRIPTION OF THE REQUEST:
The applicants are seeking to build a 10’x24’ deck on the cabin at 18997 Layton Avenue North.
The existing cabin is located within the required setback from the Ordinary High Water Line
(OHWL) of Big Marine Lake.
The applicant’s parcel includes approximately .12 acres above the OHWL, and is located in the
General Rural (GR) District and Shoreland Overlay District of Big Marine Lake, which is
classified as a Recreational Development Lake.
18997 Layton Avenue Variance Staff Report
Scandia Planning Commission Page 2 June 2, 2015
BACKGROUND AND DETAILED EVALUATION OF THE VARIANCE REQUEST:
The applicants are requesting a variance to add a 10’x24’ deck to an existing cabin that is
located within the required structure setback from the OHWL of Big Marine Lake. The City’s
Shoreland Ordinance permits the addition of decks on structures that do not meet the required
setback from the OHWL if the deck meets the following criteria:
(A) The primary structure existed on the date that the structure setbacks were established.
(B) There is no location on the property where a deck could be constructed that meets or
exceeds the structure setback.
(C) The deck encroachment toward the OHWL does not exceed 15 percent of the existing
setback of the structure from the OHWL or does not encroach closer than 30 feet,
whichever is more restrictive. (In this case, 15% of the existing setback is 5.4 feet)
(D) The deck shall not exceed 10 feet in width.
(E) The deck is constructed primarily of wood, and is not roofed or screened.
In this case, the parcel meets criteria (A) and (B). The deck could meet criteria (E). The
proposed deck would not meet criteria (C) or (D), and therefore would require a variance from
the Shoreland Ordinance requirements for decks on nonconforming structures within the
required setback from the OHWL.
In addition, the existing lot coverage on the parcel is approximately 31% of the area above the
OHWL, exceeding the ordinance standard in the Shoreland District and General Rural District of
25% maximum lot coverage, and construction of the deck as shown on the plan would increase
the current nonconformity, which is not permitted by the Development Code (Chapter One,
Section 13.3).
Comprehensive Plan
The Comprehensive Plan describes the General Rural District as a residential area of mixed lot
sizes. The Plan states that overall density in the District should meet the Metropolitan Council
requirement of no more than 1 housing unit per 10 acres, but acknowledges that there are a
significant number of existing smaller parcels in the District, that areas around the lakes in
Scandia that do not meet the lot size and density standard, and that this will continue. The
Comprehensive Plan includes goals to protect the water and natural resources in the City
through enforcement of the City’s ordinances, including the Shoreland Overlay District
ordinance and lot coverage requirements. The proposed increase in impervious surface
conflicts with the ordinance requirement that prohibits increases in nonconformities. The City
has permitted the addition of decks within the Shoreland setback if they met the ordinance
requirements such as lot coverage.
The proposed use of the property is not generally consistent with the goals of the
Comprehensive Plan for the General Rural District and Shoreland Overlay District. However,
the City may consider some conditions that could bring the use into general consistency with the
Plan and local ordinances, as discussed in the Findings.
Development Code Requirements: Lot Size and Setbacks
The applicant’s lot is .12 acres in size (above the OHWL) and is a legal nonconforming lot in the
General Rural (GR) District and Shoreland Overlay District. The GR District permits lots of 2
18997 Layton Avenue Variance Staff Report
Scandia Planning Commission Page 3 June 2, 2015
acres and larger in size, and the Shoreland District requires that lots on Recreational
Development lakes conform to the minimum lot size of the underlying zoning district.
The existing structure is a nonconforming structure because it does not meet the required
setback from the OHWL or the side setback requirements and the lot coverage requirement.
The existing cabin is setback 36 feet from the OHWL and 5 feet from the north property
boundary; the existing patio surface at the cabin is 28 feet from the OHWL at its closest point.
There is also an existing patio area that extends toward the lake that is approximately 6 feet
from the OHWL at its closest point.
The required setbacks for structures in the Shoreland Overlay District are the following:
Structure setback from the OHWL: 100 feet
Side setbacks: 10 feet for lots that are less than 1.0 acres in size
Setback from the right-of-way line of a public street: 40 feet
The applicant’s proposed setbacks include the following:
The existing cabin setback from the OHWL: 36 feet; existing patio setback is 6 feet from
the OHWL at the closest point.
Proposed deck setback from the OHWL: 26 feet
The cabin setback from the road right-of-way: 40 feet
Setback from the side property lines: 5 feet and 13 feet
The proposed deck location requires a variance from the required setback from the OHWL.
Accessory Structures
No new detached accessory structures are proposed in this application.
Lot Coverage
The Development Code permits up to 25% lot coverage on the area above the OHWL in the
Shoreland Overlay District. The certificate of survey indicates that the existing impervious
coverage of the parcel above the OHWL is approximately 31% (existing cabin, shed, concrete
and paver areas). The addition of the deck would increase the coverage on the parcel to
approximately 32.6%. (Approximately 140 square feet of the area of the proposed deck is
located above an existing concrete patio; approximately 100 square feet would be new
impervious area.) The additional lot coverage exceeds the ordinance standard, and would
increase an existing nonconformity.
A significant portion of the impervious area on the parcel is occupied by existing concrete patio
areas and other concrete and bituminous surfaces. Those areas total 732 square feet, or 14
percent of the area on the parcel. The cabin and shed occupy 17 percent of the parcel.
Building Height
The proposed deck would not increase the height of the structures on the parcel.
18997 Layton Avenue Variance Staff Report
Scandia Planning Commission Page 4 June 2, 2015
Driveway Access
There is an existing driveway access to Layton Avenue North. No change in access is
proposed.
Wastewater Treatment
The construction of the deck will not require an expansion of the wastewater treatment system.
Stormwater Management
The Planner sent the application to the Carnelian-Marine-St. Croix Watershed District
(CMSCWD) for review and comment. Jim Shaver, District Administrator, submitted the
following comment: “The District does not support this variance as it increases the amount of
hard cover which currently exceeds Scandia’s maximum of 25% and decreases the current non-
conforming setback. If Scandia should pass this variance we suggest that the City requires the
applicant to reduce the amount of hardcover by removing an equivalent square footage of patio
paver closest to the lake, amend the soils, and establish native plantings in this area. The
project would require a Watershed District Permit and the delineation of a permanent buffer as
part of a declaration or other instrument filed with the property title.”
The Planner has considered the District’s recommendations in developing the findings and
proposed conditions for the variance, and has included a proposed condition that the applicants
shall obtain the necessary Watershed District permit.
Vegetation Management/Landscape Plan
The Shoreland Ordinance requires no cutting or removal of trees over six (6) inches in diameter
within the required building setback, unless the trees are dead, diseased, or pose a safety
hazard, but exempts tree removal when required for construction of structures and sewage
treatment systems when a building permit is issued. Construction of the deck will not require
the removal of any existing trees. The Planner has included the Watershed District comments
regarding landscaping in areas where removal of impervious surface would be required as a
condition for the variance.
DNR Comments
The Planner sent the application to the DNR for review and comment. Jenifer Sorenson, the
DNR’s Area Hydrologist, commented as follows:
“For the variance at 18997 Layton Ave North, Scandia:
Adding a minimal deck would be fine and, at a minimum, the same amount of area as
the deck in pervious pavers should be removed. However, the impervious surface now
(and with new 10’ x 24’ deck with same amount of area of pavers removed) is 30.7%.
Please require that additional pavers be removed to bring the percent impervious
surface down below what currently exists, so that the landowner is showing an effort to
reduce overall impervious surface beyond just swapping out where areas of impervious
surface are located on the lot.”
18997 Layton Avenue Variance Staff Report
Scandia Planning Commission Page 5 June 2, 2015
The Planner used the DNR’s comments to complete the Findings and recommended approach
and conditions for the variance.
CRITERIA FOR VARIANCES AND FINDINGS
Chapter 1, Section 6.0 of the Development Code and Minnesota Statutes 462.357 include the
criteria and required process for granting variance requests.
Variances may only be granted when the terms of the variance are consistent with the
Comprehensive Plan and in harmony with the general purpose and intent of the development
code. The other variance criteria include:
1. The applicant proposes to use the property in a reasonable manner not permitted by the
Development Code.
2. The plight of the landowner is due to circumstances unique to the property not created
by the landowner.
3. The variance, if granted, will not alter the essential character of the locality.
4. Economic conditions alone shall not constitute practical difficulties.
5. 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.
6. The required variance is the minimum action required to eliminate the practical difficulty.
7. Practical difficulties include, but are not limited to, inadequate access to direct sunlight
for solar energy systems.
Applicant’s Rationale for the Variance
The applicants noted the following in their rationale for the variance request:
The applicants are proposing to construct the deck to improve accessibility to outdoor
spaces for a resident who has difficulty navigating steps and changes in grade. Both
residents are in their 80’s, and have difficulty walking, navigating steps, and with
balance. These issues did not exist at the time that the cabin was constructed.
The cabin was constructed in 1964, before the current setback requirements.
Neighboring cabins have added similar decks in the same location as the proposed deck
in relationship to the OHWL.
Since the application was received, the Planner has discussed the lot coverage issue
with Mr. Anderson. He indicated that he is willing to reduce the lot coverage as a
condition for adding the deck. He will bring his thoughts on this issue to the Planning
Commission meeting.
Findings—Planner Analysis and Options for Consideration
The Andersons are requesting a variance to construct a deck on the parcel. A variance is
required to permit the size of the deck proposed within the Shoreland setback, and a variance
from the lot coverage standard in the Development Code. The City has rarely granted a
variance from the lot coverage standard within the Shoreland District.
No variance would be required for the following:
18997 Layton Avenue Variance Staff Report
Scandia Planning Commission Page 6 June 2, 2015
The Shoreland Ordinance would permit the construction of a deck that is 5.4 feet in
depth and 10 feet in width (54 square feet) within the setback if it did not increase the
impervious area on the parcel (that is, the deck would need to be constructed above the
existing patio area). The Applicants could construct this deck without obtaining the
variance, if it did not increase the impervious area on the parcel.
The accessibility needs of the applicants are a unique condition for the property, and it is
reasonable to address this need for a residential use. The potential approval of the variance
request provides an opportunity to address the accessibility needs of the applicants, and to
include conditions that could reduce the existing, nonconforming condition on the property (lot
coverage that exceeds the ordinance standard). This could results in long-term benefits to Big
Marine Lake if the Watershed District’s recommendations for removal of the pavement closest
to the lake and replanting are required. Granting the variance with conditions that require
removal of existing impervious surface to bring reduce or eliminate the nonconformity would be
in harmony with the goals and intent of the Comprehensive Plan and the City’s Development
Code. This approach has been recommended by the CMSCWD and DNR staff. Some options
could include the following:
The Planner suggests that the City could consider granting the variance for the new
deck if some of the existing impervious cover were removed to compensate for the
addition of the deck and avoid the increase in the existing nonconformity with the lot
coverage requirement. The applicants are proposing to create a deck that is 10’x24’,
or 240 total square feet in size. The applicants are proposing that approximately 140
square feet of the proposed deck be constructed over existing impervious surface, so
100 square feet would be new imperious area. Some options for Planning
Commission consideration include the following:
1. Require the applicants to remove 100 square feet of concrete patio or other
concrete areas, and permit construction of the proposed deck, at 1:1 exchange
for the additional impervious surface requested.
2. Require the applicants to remove 240 square feet of concrete patio—the total
proposed area of the proposed deck. The impervious area of the parcel would
be reduced to 26% from the current 31% with this option.
3. Require the applicants to remove 290 square feet of impervious surface, so that
the parcel meets the 25% lot coverage standard.
The Planning Commission should discuss the option to remove existing impervious surface as a
condition for approval of a variance to construct the proposed deck.
The following bullets present the Planner’s findings related to the Anderson’s request for a
variance, based on the criteria for granting a variance. The findings are based on an approval
of the variance with conditions that would reduce the existing impervious areas on the parcel
close to the lake in proportion to the area of deck requested (240 square feet). The conditions
would require that the applicants amend the soils in those areas, and vegetate the areas. Each
of the criteria is shown in italics, with the analysis in standard text that follows:
Variances shall only be permitted when they are in harmony with the general purposes
and intent of the official control.
18997 Layton Avenue Variance Staff Report
Scandia Planning Commission Page 7 June 2, 2015
The Comprehensive Plan and Development Code support single-family residential uses
in the General Rural District and Shoreland Overlay District. The Plan and Code also
support protection of water and natural resources, including Big Marine Lake and
blufflines. The Shoreland Ordinance permits the addition of decks that meet the size
standards and impervious cover standards of the Ordinance within the required
setbacks, with conditions. Granting the proposed variance with conditions that require
removal of existing impervious surface in proportion to the surface added or to meet the
lot coverage standard, and requiring that the applicants restore those areas with
vegetation would further the goals and intent of the Comprehensive Plan and
Development Code.
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, and therefore reasonable, uses in the General
Rural District and Shoreland Overlay District. The Shoreland Ordinance and City’s past
approvals have permitted decks as typical structures and reasonable uses for homes in
the Shoreland District. It is also reasonable to address the accessibility needs of the
residents by replacing the existing patio with a deck that provides improved accessibility.
The proposed use is a reasonable use based on the official controls.
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 small size of the
parcel, the location of existing buildings within the required setback, and the accessibility
needs of the property owners. The proposed deck cannot be placed anywhere on the
parcel without further increasing the impervious surface area or infringing on setbacks.
While the current landowner created the difficulties, they were created over 50 years
ago, at a time when the parcel and structure location complied with the Official Controls.
Accessibility was not an issue when the applicants created the existing structures.
Granting the variance request offers a unique opportunity to address the accessibility
needs of the property owners, and to make changes to the parcel that would reduce the
nonconforming impervious surface area and provide potential long-term benefits to the
lake. The conditions of approval require the applicants to reduce the impervious cover
and restore the area with vegetation. The Carnelian-Marine-St. Croix Watershed District
and Minnesota DNR have indicated their support for granting the variance to construct
the deck if the impervious cover is reduced on the property, and the areas where the
cover is removed are restored to vegetation.
The variance would not alter the essential character of the area.
Other properties in the area include single-family homes and decks with similar or
smaller setbacks from the lake, including the adjacent parcel to the north. Granting the
variance would not alter the essential character of the area.
Economic conditions alone shall not constitute practical difficulties.
18997 Layton Avenue Variance Staff Report
Scandia Planning Commission Page 8 June 2, 2015
The practical difficulties are related to the size of the existing parcel, location of the cabin
within the required setbacks from the OHWL, and accessibility needs of the residents.
The practical difficulties are not only economic in nature.
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 variance will not impair the supply of light or air to adjacent properties,
and the addition of the deck will not increase congestion, endanger the public, or
substantially diminish or impair property values in the neighborhood.
The required variance is the minimum action required to eliminate the practical difficulty.
The variance permits construction of the deck and requires the removal of other areas of
impervious surface, to reduce the total area of impervious surface on the parcel to
reduce the existing nonconformity. Construction of the deck will also improve the
accessibility of structures on the parcel to address the needs of the property owners. It
is the minimum action required to eliminate the practical difficulty.
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 a variance to add the deck, if the related conditions are approved
to require removal of impervious surface and vegetative restoration of the area within the
required setback.
ACTION REQUESTED:
The Planning Commission should receive public comments at the hearing on June 2. The
Planning Commission should 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 a Variance to
permit reconstruction of a deck up to 240 square feet in size located a minimum of 26 feet from
the OHWL of Big Marine Lake on the property at 18997 Layton Avenue North. The Planner
recommends the following conditions for the variance:
1. Development of the property shall be consistent with the plans submitted to the City on
May 11, 2015.
18997 Layton Avenue Variance Staff Report
Scandia Planning Commission Page 9 June 2, 2015
2. The applicants shall obtain a building permit from the City.
3. The applicants shall remove 100/240/290 square feet of the existing patio area, amend
the soils in the area to be suitable for planting, and vegetate the area, consistent with the
recommendations of the Carnelian-Marine Watershed District recommendations and
permits. The removal and seeding/planting shall be completed before the City will grant
a building permit for the deck.
4. The deck shall not be modified in the future to be roofed or screened.
5. The applicants shall obtain the required Watershed District permit.
6. The Applicant shall pay all fees and escrows associated with this application.