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7.b)1) Staff Report-18997 LaytonAndersonVarianceCouncil 6 16 15Memorandum To: Scandia City Council Reference: 18997 Layton Avenue Variance Kristina Handt, City Application, City of Scandia Administrator Copies To: Brenda Eklund, Clerk Wallace and Jeannette Project No.: 15744.007 Anderson, applicants From: Sherri Buss, RLA AICP, Routing: Planner Date: June 9, 2015 SUBJECT: 18997 Layton Avenue Variance Application MEETING DATE: June 16, 2015 LOCATION: 18997 Layton Avenue North Scandia, Minnesota APPLICANTS: Wallace and Jeannette Anderson 1424 1311t 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; supplemental sketch received June 2 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. An employee owned company promoting affirmative action and equal opportunity 444 Cedar Street, Suite 1500 Saint Paul, MN 55101 651.292.4400 tkda.com Mi TKDA Memorandum To: Scandia City Council Reference: 18997 Layton Avenue Variance Kristina Handt, City Application, City of Scandia Administrator Copies To: Brenda Eklund, Clerk Wallace and Jeannette Project No.: 15744.007 Anderson, applicants From: Sherri Buss, RLA AICP, Routing: Planner Date: June 9, 2015 SUBJECT: 18997 Layton Avenue Variance Application MEETING DATE: June 16, 2015 LOCATION: 18997 Layton Avenue North Scandia, Minnesota APPLICANTS: Wallace and Jeannette Anderson 1424 1311t 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; supplemental sketch received June 2 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. An employee owned company promoting affirmative action and equal opportunity 18997 Layton Avenue Variance Staff Report Scandia City Council Page 2 June 16, 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 Findinas. 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 7 18997 Layton Avenue Variance Staff Report Scandia City Council Page 3 June 16, 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 areas, 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. MI 18997 Layton Avenue Variance Staff Report Scandia City Council Page 4 June 16, 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." 7 18997 Layton Avenue Variance Staff Report Scandia City Council Page 5 June 16, 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 presented his thoughts on his preferred locations for pavement to the Planning Commission at the public hearing. 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: I 18997 Layton Avenue Variance Staff Report Scandia City Council Page 6 June 16, 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 (does not include the area under the proposed deck)—the total proposed area of the proposed deck. The impervious area of the parcel would be reduced to 28% from the current 31 % with this option. 3. Require the applicants to remove 290 square feet of impervious surface (does not include the impervious area under the proposed deck), so that the impervious area on the parcel would be reduced to approximately 26%. PLANNING COMMISSION PUBLIC HEARING AND RECOMMENDATION The Planning Commission held a public hearing on the variance request for 18997 Layton Avenue North at its meeting on June 2. Wallace Anderson, one of the applicants, spoke with the Commission about his willingness to reduce the area of impervious surface on the parcel, and proposal to replace some of the patio areas with pea gravel. Mr. Anderson also asked several questions about the need for a Watershed District permit. The Commission referred those questions to the Carnelian -Marine -St. Croix Watershed District. The Commission reviewed options for reduction of impervious surface that had been considered at the site visit. Commissioners noted that the addition of the deck would be an improvement 7 18997 Layton Avenue Variance Staff Report Scandia City Council Page 7 June 16, 2015 for the accessibility and appearance of the property. They also noted that the DNR and CMSCWD had recommended that the variance could be approved if the City included conditions that required removal of an area of imperious surface greater than the proposed deck area. The Commissioners recommended that 260 feet of impervious area be removed, in addition to the area that would be covered by the deck, so that the impervious cover on the parcel comes closer to the ordinance requirement. Findings The following bullets present the 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. The conditions would require that the applicants use a pervious cover on the areas where impervious surface has been removed. 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. 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. 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 order to reduce the existing nonconformity and come close to meeting the lot coverage standard, and requiring that the applicants restore those areas with pervious cover, 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 7 18997 Layton Avenue Variance Staff Report Scandia City Council Page 8 June 16, 2015 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 pervious cover. 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. 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. 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 and 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 restore those areas with pervious cover. I 18997 Layton Avenue Variance Staff Report Scandia City Council Page 9 June 16, 2015 ACTION REQUESTED: The Council can take one of the following actions for this request: 1. Approve 2. Approve with conditions 3. Deny with findings 4. Table the request PLANNING COMMISSION RECOMMENDATIONS: The Planning Commission recommends that the City Council approves a Variance to permit construction 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 Commission 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. 2. The applicants shall obtain a building permit from the City. 3. The applicants shall remove 260 square feet of the existing patio area, in addition to the patio area under the proposed deck, and replace the impervious surfaces with pervious cover. The removal of impervious area and replacement with pervious cover 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. 7