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5. Staff report - Goers Variance PC 05.30.20Memorandum To: Scandia City Council Reference: Goers Variances Application Copies To: Brenda Eklund, Clerk Ken Cammilleri, City Administrator Peter & Karissa Goers, Project No.: 17722.000 Goers Variance applicant From: Evan Monson and Merritt Routing: Clapp -Smith, Planners Date: June 2, 2020 SUBJECT: Goers Variances for Lake Setbacks and Alteration greater than 50% assessed value MEETING DATE: June 2, 2020 LOCATION: 12730 182nd Street North, PID 33.032.20.34.0008 APPLICANT: Peter & Karissa Goers ZONING: General Rural (GR) 60 -DAY PERIOD: June 21, 2020 (120 -day period August 20, 2020) ITEMS REVIEWED: Application and Survey received April 22, 2020 DESCRIPTION OF THE REQUEST: The applicant is seeking variances from lake setback to alter a nonconforming existing residential structure at 12730 182nd Street North. The existing residential structure is nonconforming for lake and setback; the residential structure will add a second floor and a garage off the back at a cost greater than 50% of the assessed value of the current structure. The applicant is looking to add to the existing home by adding a second floor addition, remodel the existing first floor, as well as attach a new three stall garage. There are three (3) elements to the variances: 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: Goers Variances Application Copies To: Brenda Eklund, Clerk Ken Cammilleri, City Administrator Peter & Karissa Goers, Project No.: 17722.000 Goers Variance applicant From: Evan Monson and Merritt Routing: Clapp -Smith, Planners Date: June 2, 2020 SUBJECT: Goers Variances for Lake Setbacks and Alteration greater than 50% assessed value MEETING DATE: June 2, 2020 LOCATION: 12730 182nd Street North, PID 33.032.20.34.0008 APPLICANT: Peter & Karissa Goers ZONING: General Rural (GR) 60 -DAY PERIOD: June 21, 2020 (120 -day period August 20, 2020) ITEMS REVIEWED: Application and Survey received April 22, 2020 DESCRIPTION OF THE REQUEST: The applicant is seeking variances from lake setback to alter a nonconforming existing residential structure at 12730 182nd Street North. The existing residential structure is nonconforming for lake and setback; the residential structure will add a second floor and a garage off the back at a cost greater than 50% of the assessed value of the current structure. The applicant is looking to add to the existing home by adding a second floor addition, remodel the existing first floor, as well as attach a new three stall garage. There are three (3) elements to the variances: An employee owned company promoting affirmative action and equal opportunity Goers Variance Staff Report Submitted May 30, 2020 Scandia Planning Commission Page 2 For meeting on June 2, 2020 1. The existing house and proposed attached garage is within the 100 foot required minimum setback from the Ordinary High Water Level of Big Marine Lake, categorized as a "Recreational Development Lake" in the City's Shoreland Ordinance. 2. The existing house, which is a lawful nonconforming structure, is being altered to an extent that the cost of alteration exceeds 50% of the appraised value of the original existing house. Since the altered house would not be meeting all current standards, a variance is required. The dwelling value in 2020 was $115,100, according to Washington County Property Tax Records. If the addition and new garage work costs more than $58,000, then the alteration threshold requiring a variance to remain in a nonconforming location is met. After submitting the original request, staff discussed the option of placing the garage directly off the back, so as not to expand the profile of the structure to the side and visible to the lake. The applicant looked carefully at this option and was strongly considering the change. However, after consulting with the septic designer, found that the septic location prohibited expanding directly off the back, due to a 10 -foot setback requirement from the house. The septic location is limited to its location due to required setbacks from a wetland on the property. PROPERTY INFORMATION o Parcel description: 12730 182nd Street North is a 1.1 acre lot on Big Marine Lake. It has an ,x000 existing house built in 1962. The lot has slopes on the west and '.°��0n south sides, a wetland within goo the southern portion of the lot, zc and an existing septic tank on the south side close to the S existing house. �; o Zoning: General Rural0 Ln �o t So.ao {>7 w Land use: Single-family S -V N ` b residential VACATED 2�D n o �s Natural Conditions: + p' • 82.00 The lot has a mix of lawn and trees, with a wetland and wooded area on the southern - portion. \ ? c- 7 Goers Variance Staff Report Submitted May 30, 2020 Scandia Planning Commission Page 3 For meeting on June 2, 2020 Applicant's Explanation of the Plan and Variance Request My name is Peter Goers and my wife's name is Karissa Goers. We have 2 children, Max and Loretta. The current property owner is the Rosemary Belisle Trust, and Karissa's father Wayne Belisle is the Trustee and has authority to sell and deal with the property. Karissa and I intend to purchase the property from the Trust. We are applying for a variance because we are seeking to alter a single-family building and structure, and we believe the value will be 50% or more of the appraised value of the original non -conforming building. Development Code Chapter 1 Section 13.3 The existing 3 -bedroom, 2 -bathroom, 1 -story house was built in 1962 by Ervin Belisle, Karissa's grandfather and Wayne's father. The house has been used by the Belisle family as a pert -time, seasonal residence since that time. Karissa and 1 would like to move our family from St. Paul and become permanent, year round residents at the property. However, the current house does not meet the needs of our family. We wish to expand the size by adding a 2" d story addition for 3 bedrooms and 2 bathrooms. We also would like to update the existing main level kitchen, bathroom and convert the existing bedrooms to an office and a mud room. We would also like to add an attached 3 -car garage to meet our storage and parking needs. The current house has a steep concrete ramp with retaining walls leading into a 1 -car tuck -under garage, which is the basement, and is impractical to enter or exit with a vehicle. Our proposed second story addition would not change the footprint of the house, the roof height would be under the 35 feet restriction, and the garage expansion would match the location of the existing concrete garage ramp retaining wall setback from the shoreline. The new garage would comply with the current 20 feet setback requirement from the adjacent road. As part of this remodel and expansion, we also would replace the existing septic system to bring into compliance. EVALUATION OF VARIANCE REQUEST Variance from Lake Setback — expansion of nonconforming structure to the side From Scandia Shoreland Management Regulations, Section 3.7 Nonconformities 3.72 All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height, and other requirements of Sections 5.0 to 8.0 of this ordinance. Any deviation from these requirements must be authorized by a variance. Variance from Alteration Limits for Nonconforming structures From Scandia Development Code, Chapter 1, 13.3 Nonconforming Buildings and Structures 7 Goers Variance Staff Report Submitted May 30, 2020 Scandia Planning Commission Page 4 For meeting on June 2, 2020 (3) Alterations. Alterations to (e.g., repair, normal maintenance, remodeling) of a lawful nonconforming building or structure that are valued at 50% or less of the appraised value of the original nonconforming building or structure may be undertaken provided: (A) The alterations do not expand the building size. (e) The alterations do not change the building occupancy capacity, or parking demand or sewage treatment requirements. (C) The alterations do not increase the nonconformity of the building or the use. Staff Comments on the Variance Request The City Engineer did not identify any specific requirements for this project to proceed, beyond those already identified in the staff report and recommendations. The Watershed District provided the following comments: This project will require a permit from the Carnelian Marine St. Croix Watershed District, and the Watershed Administrator said that the following rules will likely be applicable: • Rule #2 Stormwater Management — It appears a variance from shoreline setback will be required as the proposed 2nd story and garage addition is within the 100 -foot structure setback, triggering this rule. Even if a setback variance is not required, this rule would be triggered by land disturbance within 1,000 feet of a public water. Stormwater management BMPs sized in compliance with the District's Small Residential Stormwater Worksheet will be required. A stormwater declaration will also be required for yet -to -be identified BMP(s). • Rule #3 Erosion Control — An acceptable erosion/sediment control plan is required, along with details for vegetation establishment. • Rule #4 Buffers — If Scandia requires a variance from the shoreline setback requirements, this rule will be triggered. Typical buffer would be 100 -ft for a groundwater dependent natural resource, but Rule 4.9.4 (exception for nonconforming setback) would reduce the buffer width required to 23.25 -feet (1/2 the existing structure setback of 46.5 -feet). A buffer declaration will be required, along with a planting plan to establish adequate vegetation for any areas of the buffer that will be disturbed. • Rule #5 Shoreline and Streambank Stabilization — It doesn't appear that any shoreline alterations are being proposed, although an existing timber wall appears to be acting as a retaining wall along the shoreline. If shoreline or timberwall work is proposed, this rule will apply. 7 Goers Variance Staff Report Submitted May 30, 2020 Scandia Planning Commission Page 5 For meeting on June 2, 2020 • Rule #7 Floodplain and Drainage Alterations — Grades surrounding the existing house are above 944, so there should be no concern about floodplain fill (fill below the 100 -year elevation (9425) would require compensatory floodplain storage creation). The Deoartment of Natural Resources: • The East Metro Area Hydrologist had not commented at the time of this staff report. 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 variances for lake and side setbacks at 12140196 th 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 prioritizes environmental stewardship on lakeside lots. The applicant proposes to proceed in a manner that keeps alterations and impacts low, due to the structure's proximity to the lake. The or000sed addition of a second story on the existing residential structure and the addition of a above eround 2araee is in eeneral harmonv with the Comprehensive Plan and Develooment Code. • The property owner proposes to use the property in a reasonable manner under the conditions allowed by official control(s). This property is in the General Rural zoning district, which is guided for single-family residential use. The proposed alteration of an existing residential structure is a reasonable use in the General Rural District. • The practical difficulties are not caused by the landowner and are unique to the property. The practical difficulties that limit the location for a reconstructed home and added garage include: o a small lot o the location of a wetland o the location of a septic system that meets setback requirements from the wetland, side property lines and the structures o the desire to do a second floor addition onto the existing structure and foundation, instead of complete teardown The practical difficulties are not caused by the current landowner and are uniaue to the property. 7 Goers Variance Staff Report Submitted May 30, 2020 Scandia Planning Commission Page 6 For meeting on June 2, 2020 • The variance would not alter the essential character of the area. The proposed residential reconstruction would remain in the same location as the present structure and continue to be a single-family use. The proposed second floor addition and addition of an above ground garage will be similar in form to many other residential properties in the area. 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 location of the existing structure, a wetland, and required septic setbacks, within a tight area. 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 variances for altering the existing house and adding a garage 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. • The requested variance is the minimum action required to eliminate the practical difficulty. A strict interpretation of this finding would never allow the alteration of an existing nonconforming residence which meets state building code standards for being habitable. This is contrary to the city's practice of allowing some alteration of structures or addition of garages on size constrained lake front lots. The threshold for reasonableness has generally been that the alterations or additions reduce the need for variances to the extent possible. This proposed addition and addition of a garage meets the intent of minimizing variances. In this case, the addition of a second story uses the existing home footprint, instead of expanding the footprint of the building with first floor additions. Adding a garage has been considered a reasonable action for residential properties, even when such addition may require some type of variance, as long as all attempts are made to size and locate the garage to meet the standards as much as possible. The proposed second floor addition and added garage are 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 variances are not related to a need for direct sunlight for solar energy systems. The findings support granting the variances. 7 Goers Variance Staff Report Submitted May 30, 2020 Scandia Planning Commission Page 7 For meeting on June 2, 2020 ACTION REQUESTED: The Planning Commission can recommend to the Scandia City Council that it do one of the following: 1. Approve 2. Approve with conditions 3. Deny with findings 4. Table the request PLANNING STAFF RECOMMENDATION: The Planner recommends that the Planning Commission recommend approval of variances to lake setback and alteration of a nonconforming structure such that the cost of alterations exceeds 50% of the appraised value of the existing home at 12140 196th Street North. The following conditions for the variances are recommended: 1. The location and layout of the residential structure and garage shall be consistent with the plans submitted with this application. 2. The applicant shall secure a permit from the Carnelian Marine St. Croix Watershed District and comply with its requirements. 3. A grading and erosion control plan shall be submitted to the city for review and approval. 4. The applicant shall secure any other relevant State, County and local permits required for the project. 5. The applicant shall pay all fees and escrows associated with this application. 7