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5.a Staff report Palkert Variance_12632 182nd St Memorandum To: Scandia Planning Commission Reference: Palkert Variance Application Copies To: Ken Cammilleri, City Administrator Brenda Eklund, Clerk Mike Mann, applicant Project No.: 17122.000 Palkert Variance From: Merritt Clapp-Smith, Planner Routing: Date: November 25, 2019 SUBJECT: Palkert Variances from front and Ordinary High Water Level setbacks for rebuilt residential structure along Big Marine Lake MEETING DATE: December 3, 2019 LOCATION: 12632 182nd Street North, PID 33.032.20.31.0017 APPLICANT: Mike Mann, on behalf of property owners Jana and Dennis Palkert ZONING: General Rural (GR) and Shoreland Districts 60-DAY PERIOD: January 11, 2020 ITEMS REVIEWED: Application and Survey received November 12, 2019 DESCRIPTION OF THE REQUEST: The applicant is seeking to replace an existing residential structure on a Big Marine Lake parcel and to shift the location of the residential structure further back from Big Marine Lake. The proposed location of the residential structure would be 68.3 feet from the Ordinary High Water Level (OHWL) of Big Marine Lake, 10.5 and about 20 feet from the side property lines, and 40 feet from the front property line on 182nd Street North. Palkert Variance Staff Report Submitted November 25, 2019 Scandia Planning Commission Page 2 Public Hearing December 3, 2019 PROPERTY INFORMATION Parcel description: 12632 182nd Street North is a 0.614 acre, single- family lot on 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 one (1) story single-family residential structure built in 1959. Natural Features and Conditions: The property is fairly level on the lake front half, with a moderate slope as it approaches the road. There is a mix of lawn and trees. There are no wetlands. EVALUATION OF VARIANCE REQUEST Comprehensive Plan The Comprehensive Plan describes the General Rural and Shoreland Overlay districts as residential areas of mixed lot sizes. The proposed use of the property is generally consistent with the goals of the Comprehensive Plan for the General Rural and Shoreland districts. Palkert Variance Staff Report Submitted November 25, 2019 Scandia Planning Commission Page 3 Public Hearing December 3, 2019 Development Code Requirements Requirements in GR Districts Existing Proposed Non-Conforming or Variance Lot Size – 2 acre minimum 0.614 0.614 Non-Conforming Road frontage – 160 feet 160 feet 160 feet Meets standard Front Setback (from road) – 40 feet 130 feet 40 feet Meets standard Side Setback – 20 feet About 40 feet from north side lot line. About 45 feet from south side lot line. 20 feet from north side lot line. 10.5 feet from south side lot line. Meets standard Variance of 9.5 feet on south lot line. Big Marine OHWL setback – 100 feet 32.2 feet to front deck of residential structure. 68.3 feet Variance of 31.7 feet The new septic system is proposed and meets septic setbacks requirements. The proposed residential structure location requires setback variances from the OHWL and a side lot line. Palkert Variance Staff Report Submitted November 25, 2019 Scandia Planning Commission Page 4 Public Hearing December 3, 2019 Accessory Structures The applicant has proposed no accessory structures. Lot Coverage The Development Code permits up to 25% lot coverage in the GR and Shoreland Districts. The proposed coverage is 25% with the new residence and removed former residential structure. The parcel would meet the coverage requirement. Building Height A building plan for the proposed residential structure was not submitted. The applicant has been informed that structures cannot exceed 35 feet in height. Driveway Access A new driveway alignment is proposed as shown on the site plan. The City Engineer had not commented at the time of this staff report. Wastewater Treatment and Well Palkert Variance Staff Report Submitted November 25, 2019 Scandia Planning Commission Page 5 Public Hearing December 3, 2019 The new septic system will be installed. A new well is proposed between the garage and the southern property line, about 6 feet from the side lot line. Permits for the new well and septic system will be required from Washington County. Vegetation The proposed location for the new residential structure will require the removal of some trees. Grading and Drainage A grading permit from the city will be required when a site plan for construction is submitted. Stormwater Management and Watershed District Comments The Watershed District and DNR staff had not commented at the time of this staff report. There are no known wetlands on the parcel. The Planner has proposed a condition that the applicant shall obtain any necessary Watershed District permits for the project. Applicant’s Rationale for the Variance and Discussions with the City The applicant’s rationale for the variance indicated that: • The parcel is a small, nonconforming lot with a sloped area and only one location for the septic. These factors limit the ability to have a residential structure without some type of setbacks, and inhibit shifting the proposed location further from the lake. • The residential structure is designed as one level living for empty nesters, which gives the residential structure a bigger footprint than if it was the same area on 2 stories. • Site lines of adjacent property owners are not negatively impacted by the proposed new residential structure location, which will be further back from the lake than the neighboring residential structures. 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 lake, front and side setback variances for a new residential structure at 12632 182nd Street North. • Variances shall only be permitted when they are in harmony with the Comprehensive Plan and 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 proposed location of Palkert Variance Staff Report Submitted November 25, 2019 Scandia Planning Commission Page 6 Public Hearing December 3, 2019 the new residential structure moves the residential structure further back from the lake, reducing the OHWL variance compared to the previous residential structure. The proposed house has a larger footprint and a garage attached at an angle, which impinges into the side lot line setback area on the south. The proposed variance is somewhat in harmony with the purposes and intent of the Comprehensive Plan and Development Code. This finding is partially met. • 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 proposed residential structure would replace an existing residential structure on the site. This use is reasonable under the conditions allowed by the Development Code. This finding is met. • The practical difficulties are not caused by the landowner, and are unique to the property. The small size of the lot, with a sloped area and only one location for the new septic, are practical difficulties unique to the lot. This finding is met. • The variance would not alter the essential character of the area. Other properties in the area are substandard in size and have single-family residential structures that impinge on the lake, side and/or road setbacks. This proposed residential structure is larger than many existing ones in the area, but would not be the largest. Granting the variance would not significantly alter the essential character of the area. This finding is partially met. • Economic conditions alone shall not constitute practical difficulties. The practical difficulties are related to the limited buildable area on the parcel. The practical difficulties are not related to economic conditions. This finding is met. • 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 variances would allow a new single-family residence to replace an existing single- family residence, in a slightly different location on the lot and further from the lake. The proposed variances will not impair the supply of light or air to adjacent properties, Palkert Variance Staff Report Submitted November 25, 2019 Scandia Planning Commission Page 7 Public Hearing December 3, 2019 increase congestion, endanger the public, or substantially diminish or impair property values in the neighborhood. This finding is met. • The requested variance is the minimum action required to eliminate the practical difficulty. The proposed size and configuration of the residential structure and attached garage could be altered to reduce the degree of variances needed to accommodate it on the substandard lot. However, it would be nearly impossible to reduce the residential structure size and configuration enough to avoid any variances, given the size of the lot, slopes, and one viable septic location. This finding is partially met. • 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. This finding is met. The findings do not fully support granting the variances. It would be possible to propose a narrower residential structure with an adjusted orientation of the garage to eliminate the need for side setback variances. ACTION REQUESTED: The Planning Commission should receive public comments at the hearing, 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 denial of the variance requests to build a new residential structure at 12632 182nd Street North. The findings for minimum action required and not altering the essential character of the area are not fully met. There is the option to reduce the size of the proposed residential structure and/or reorganize the layout to eliminate the side setback variance, to reduce the setback variance from Big Marine Lake, and to be more in keeping with the average size of residential structures in the area.