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6.b3 Staff report - Goers Variance 06.16.2020Memorandum To: Scandia City Council Reference: Goers Variance Application Copies To: Brenda Eklund, Clerk Ken Cammilleri, City Administrator Peter & Karissa Goers, Project No.: 17722.000 Goers Variance applicant From: Merritt Clapp -Smith, Routing: Planner Date: June 9, 2020 SUBJECT: Goers Variances for Lake Setback and Alterations greater than 50% assessed value MEETING DATE: June 16, 2020 LOCATION: 12730 182nd Street North, PID 3303220340008 APPLICANTS: Peter & Karissa Goers ZONING: General Rural (GR) 60 -DAY PERIOD: June 21, 2020 (120 -period August 20, 2020) ITEMS REVIEWED: Application and Survey received April 22, 2020 DESCRIPTION OF THE REQUEST: The applicant is seeking variances from the minimum lake setback in order to alter a nonconforming existing residential structure at 12730 182nd Street North. The existing residential structure is nonconforming; the proposed alteration of the existing residential structure will be 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. The septic location is limited to its 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 Variance Application Copies To: Brenda Eklund, Clerk Ken Cammilleri, City Administrator Peter & Karissa Goers, Project No.: 17722.000 Goers Variance applicant From: Merritt Clapp -Smith, Routing: Planner Date: June 9, 2020 SUBJECT: Goers Variances for Lake Setback and Alterations greater than 50% assessed value MEETING DATE: June 16, 2020 LOCATION: 12730 182nd Street North, PID 3303220340008 APPLICANTS: Peter & Karissa Goers ZONING: General Rural (GR) 60 -DAY PERIOD: June 21, 2020 (120 -period August 20, 2020) ITEMS REVIEWED: Application and Survey received April 22, 2020 DESCRIPTION OF THE REQUEST: The applicant is seeking variances from the minimum lake setback in order to alter a nonconforming existing residential structure at 12730 182nd Street North. The existing residential structure is nonconforming; the proposed alteration of the existing residential structure will be 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. The septic location is limited to its An employee owned company promoting affirmative action and equal opportunity Goers Variance Staff Report Submitted June 9, 2020 Scandia City Council Page 2 For meeting on June 16, 2020 location due to the required setbacks from the wetland on the property, hence the proposed location of the garage and addition. There are multiple elements to this item: 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. PROPERTY INFORMATION Parcel description: 12730 182nd Street North is° } a 1.1 acre lot on Big Marine Lake. It has an } existing house built in 1962. The lot has slopes '{ { on the west and south sides, a wetland within the southern portion of the lot, and an existing septic tank on the south side close to the "'k existing house. r b Zoning: General Rural a Land use: Single-family residential' &14, Natural conditions: The lot has a mix of lawn FtiR and trees, with a wetland and wooded area on +� e�� the southern portion. sa Flo • } `� EVALUATION OF VARIANCE REQUEST'' Scandia Code Requirements Development Code, Chapter 1, Section 13.3 Nonconforming Buildings and Structures (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: I Goers Variance Staff Report Submitted June 9, 2020 Scandia City Council Page 3 For meeting on June 16, 2020 (A) The alterations do not expand the building size. (B) 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. 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. licants' Rationale for the Variance and Discussions with the The applicants' rationale for the variance indicates that: • The existing garage on-site is impractical to enter or exit with a vehicle. The current house doesn't fit our needs, so some alterations to the existing house is needed to make it a year-round home. Criteria for Variance and Findi 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 12140 196th 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 proposed addition of a second story on the existing residential structure and the addition of an above ground garage is in general harmony with the Comprehensive Plan and Develoament 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 - 7 Goers Variance Staff Report Submitted June 9, 2020 Scandia City Council Page 4 For meeting on June 16, 2020 • 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 unique to the property. • 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 aroaosed variances for alterine the existine house and addine a earaae 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 7 Goers Variance Staff Report Submitted June 9, 2020 Scandia City Council Page 5 For meeting on June 16, 2020 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 variance. ACTION REQUESTED: The City Council should receive the Planning Commission recommendations and public hearing comments from June 2, 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 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. I