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7.b1 Nelson Variance CC staff report 01.21.20 Memorandum To: Scandia City Council Reference: Nelson Variance Application *Revised since November PC Copies To: Ken Cammilleri, City Administrator Public hearing* Brenda Eklund, Clerk Amy and Chad Nelson, applicants Project No.: 17122.000 Nelson Variance From: Merritt Clapp-Smith, Planner Routing: Date: January 16, 2020 SUBJECT: Nelson Variances from front, side and Ordinary High Water Level setbacks for rebuilt house along Big Marine Lake MEETING DATE: January 21, 2020 LOCATION: 18630 Norell Ave N, PID 34.032.20.24.0017 APPLICANTS: Amy and Chad Nelson ZONING: General Rural (GR) and Shoreland Districts 60-DAY PERIOD: February 11, 2020 (after 60-day extension by request of applicant, original 60 days was December 13, 2019) ITEMS REVIEWED: Application and Survey received October 14, 2019 DESCRIPTION OF THE REQUEST: The applicant is seeking to replace an existing house on a Big Marine Lake parcel and to shift the location of the house further back from Norell Avenue North. The proposed location of the house would be 79.1 feet from the Ordinary High Water Level (OHWL) of Big Marine Lake (measured from the front edge of the covered front porch), 20 and 7.5 feet from the side property lines, and 20 feet from the front property line on Norell Avenue North. Nelson Variance Staff Report Scandia City Council Page 2 January 21, 2020 PROPERTY INFORMATION Parcel description: 18630 Norell Avenue North is a 0.47 acre, single-family lot in the Anderson’s Big Lake Addition. 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 home built in 1901. Natural Features and Conditions: The property is fairly level, with a mix of lawn and trees. There are no wetlands. EVALUATION OF VARIANCE REQUEST Comprehensive Plan The Comprehensive Plan describes the General Rural District as a residential area of mixed lot sizes. The proposed use of the property is generally consistent with the goals of the Comprehensive Plan for the General Rural District. Nelson Variance Staff Report Scandia City Council Page 3 January 21, 2020 Development Code Requirements Lot Size and Setbacks Requirements in GR Districts Existing Proposed Non-Conforming or Variance Lot Size – 2 acre minimum 0.47 0.47 Non-Conforming Road frontage – 160 feet 100 feet 100 feet Non-Conforming Front Setback – 40 feet 7 feet 20 feet Variance of 20 feet Side Setback – 20 feet About 11 feet from south side lot line. About 30 feet from north side lot line. 7.5 feet from south side lot line. 20 feet from north side lot line. Variance of 12.5 feet on south lot line. Conforming on north lot line. Big Marine OHWL setback – 100 feet More than 140 feet 79.1 feet Variance of 20.9 feet The existing septic system will remain and is nonconforming for side setback, located approximately 5 feet from the southern side property line. It meets the 75 foot setback requirement for septic from the OHWL The proposed home location requires variances from lake, front (road) and side setbacks. Accessory Structures The applicants have 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 22% with the new residence and removed former house. The parcel would meet the coverage requirement. Building Height A building plan for the proposed house 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 Nelson Variance Staff Report Scandia City Council Page 4 January 21, 2020 The existing septic system will remain. A new well is proposed off the northwest corner of the house, about 14 feet from the side lot line. Vegetation The proposed location for the new house would require the removal of one tree. 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. Applicants’ Rationale for the Variance and Discussions with the City The applicants’ rationale for the variance indicated that: • The parcel is a small, nonconforming lot which strictly limits the ability to have a residential structure without some type of setbacks. • The septic system is located within the buildable envelop and reduces the buildable area remaining for the residential structure. • Shifting the residential structure further from the road will allow a driveway and garage access that maximizes off-street parking, gets vehicles off of the street for improved the safety, and expands the area for snow storage between the road and the home. • Site lines of adjacent property owners are not negatively impacted by the proposed new home location, which will be further back from the lake than the neighboring homes. 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 house at 18630 Norell Avenue 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 Nelson Variance Staff Report Scandia City Council Page 5 January 21, 2020 the new house sits mostly within the small, buildable area of this small, nonconforming lot and attempts to balance required setback variances from the lake, road and side lot lines. The proposed variance is in general harmony with the purposes and intent of the Comprehensive Plan and Development Code. This finding is 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 practical difficulties are created by the small parcel size and the limited buildable area on the lot. The practical difficulties are not caused by the current landowner, and are unique to the property. 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 homes set within 100 feet of the Ordinary High Water Level of Big Marine Lake and/or within 40 feet of the front lot lines along Norell Avenue North. Granting the variance would not alter the essential character of the area. This finding is 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 road. The proposed variances will not impair the supply of light or air to adjacent properties, increase congestion, endanger the public, or substantially diminish or impair property values in the neighborhood. This finding is met. Nelson Variance Staff Report Scandia City Council Page 6 January 21, 2020 • The requested variance is the minimum action required to eliminate the practical difficulty. The proposed size and configuration of the residence and attached garage could be altered to somewhat reduce the degree of variances needed to accommodate it on the substandard lot. However, it would be impossible to reduce the home size enough to avoid any variances. Placement of a residential structure should balance the variances in a manner that best mitigates impacts to vegetation, neighboring properties, the lake and the public right-of-way. The applicants have proposed a residential structure to accommodate a family of four and a location that centers in the small buildable envelope of the site. This finding is mostly 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 support granting the variance. ACTION REQUESTED: The City Council shall discuss the variance request and can recommend the following: 1. Approval 2. Approval with conditions 3. Denial with findings 4. Table the request PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends approval of the variances to build a new house at 18630 Norell Ave North, as follows: 1. Development of the property shall be generally consistent with the plans submitted to the city on October 14 and December 23, 2019. 2. The setbacks for the new house with approved variances shall be: • no less than twenty (20) feet from the front property line along Norell Ave N • no less than seven (7.5 ) feet from the south property line • no less than eight (20 ) feet from the north property line Nelson Variance Staff Report Scandia City Council Page 7 January 21, 2020 • no less than 79 feet from the Ordinary High Water Level of Big Marine Lake 3. The applicant shall obtain required permits for tear down of the existing home, grading, a new driveway access and building permits from the City of Scandia, and any other permits required from regulatory agencies. 4. The applicant shall pay all fees and escrows associated with this application.