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5. Staff report- Holker Variance PC Memorandum To: Scandia Planning Commission Reference: Holker Setback Variances Application Copies To: Brenda Eklund, Clerk Ken Cammilleri, City Administrator Jeff Holker , applicant Project No.: 17722.000 Holker Variance From: Evan Monson, Planner Routing: Date: July 1, 2020 SUBJECT: Holker Variances for Lake and Side Setbacks MEETING DATE: July 7, 2020 LOCATION: 12140 196th Street North, PID 29.032.20.14.0018 APPLICANT: Jeff Holker ZONING: General Rural (GR), Shoreland Overlay 60-DAY PERIOD: May 19, 2020 (120-day period July 14, 2020) ITEMS REVIEWED: Revised plans received July 1, 2020 DESCRIPTION OF THE REQUEST: The applicant is seeking variances from the lake setback and right side yard setback in order to build a new residential structure at 12140 196th Street North. The existing residential structure and detached garage are to be removed. The new residential structure is proposed to be located between where the current residential structure and garage are located. The applicant previously had plans showing a residential structure at a setback of approximately nine feet from the edge of the deck to the shoreline of the lake, and the right side setback shown at its closest point as 5.2 feet. The applicant has worked with their builder to come up with some new plans to move the project forward, while addressing concerns that were brought up at the previous Plan Commission meeting. Holker Variance Staff Report Submitted July 1, 2020 Scandia Planning Commission Page 2 For meeting on July 7, 2020 They have outlined a general area that a new house and garage could occupy, shown in green on the latest plans. The general area shows the minimum setback from the front property line, as well as the left side property line. Without knowing what the setbacks could be, the applicant is unable to move forward with more detailed plans. The lake setback and right side setbacks would still require variances from the minimum requirements, though. The plans show the requested lake setback being in line with the residence to the south; being at an angle this would place the setback line at 50.9 feet at the furthest point, and 38 feet at the nearest point from the ordinary high water mark. The plans show the right side setback being slightly further away than the existing house and detached garage. The requested lake setback is 38 feet at its nearest point, which would equate to a variance of 62 feet from the minimum 100 foot setback. The requested right side setback is 5.8 feet, which equates to a variance of 14.2 feet from the minimum 20 foot side setback. If approved, the applicant would have to keep any impervious development at or below the maximum in the Shoreland Overlay District of 25%. Other applicable requirements would also have to be followed, unless a new variance is requested and approved. PROPERTY INFORMATION Parcel description: 12140 196th Street North is a lot on Big Marine Lake. It has an existing residential structure built in 1958. The lot is relatively flat, with a small slope approaching the street. The applicant owns an adjacent lot to the south. He applied to Washington County to combine the lots around March 20th. Combined, the lots total 18,456 SF of land. Zoning: General Rural, Shoreland Overlay Land use: Single-family residential EVALUATION OF VARIANCE REQUEST Applicant’s Explanation of the Plan and Variance Request “As noted, the only variances we are now requesting are for Lake and North side setbacks. No other variances including height will be required. Since the May 5 meeting, we spent significant time and energy trying to finalize an alternate design as requested. After 8-10 iterations of a new design, unfortunately this alternate design ultimately would have required an additional variance from the South line in order to load the attached garage, and allow for an updated septic system. While not required, we recognize the preference for a completed design. Due to the challenges above, and the current factors associated with COVID-19, that final design and pricing is not yet available. That being said, we would ask for cooperation and approval so we can continue moving forward with final design, and subsequent permitting, based on revisions as requested. Key points and associated actions from the May 5 meeting: - Increased Lake Setback from the current 9.6 feet to 50.9 feet to match South neighbors setback. - Impervious Surface will not exceed 25% as discussed. Holker Variance Staff Report Submitted July 1, 2020 Scandia Planning Commission Page 3 For meeting on July 7, 2020 - North Side setback will be increased from current 2.8 feet at garage to 5.8 feet. - Existing Residence, Porch, and Garage will all be removed. - There will be a driveway to attached garage along the North side of property. As discussed, we are also trying to mitigate encroachment on the neighbor’s property to the South given their close proximity to the lot line. We are also working diligently to protect the 60" Maple on the South line that was commented on by several of the Planning Commission during the site visit. We certainly recognize that there is a narrow line to be walked between improving lakeshore properties, and not just handing out variances. We are doing our best to protect the lake, while designing our year round residence that will functionally work for our family now and in the future.” Staff Comments on the Variance Request Given the limited time between submission and public hearing, comments from the City Engineer and Watershed District were not available at the time of writing. As of writing, the DNR has still not provided comments on the request. The City Engineer provided the following comments during the original review: • A cross culvert under Lakamaga Trail discharges to the south property area. I recommend a condition that the City require a drainage and utility easement down to the lake. [Note: The Scandia Public Works Director concurred with this recommendation.] • If the secondary driveway access is allowed, the grading plan will need to include garage floor elevation and show grading limits/elevations/slopes of the new driveway to ensure drainage isn’t being directed to the adjacent property. • Site improvements need to be in compliance with the Watershed District. • Washington County Environmental should be involved with the drainfield review for current compliance. • Erosion control plan shall be submitted for review. The Watershed District provided the following comments during the original review: This project will require a permit from the Carnelian Marine St. Croix Watershed District, and the following rules will likely be applicable: • Rule #2 Stormwater Management – It appears a variance from shoreline setback will be required as the proposed structure 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). Holker Variance Staff Report Submitted July 1, 2020 Scandia Planning Commission Page 4 For meeting on July 7, 2020 • 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. • 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 (942.5’) would require compensatory floodplain storage creation). The Department 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 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’s revised plan now proposes to proceed in a manner that removes the current, non-conforming house and detached garage, with a new house that is set back at a similar distance as nearby neighbors. The applicant’s new plans would encroach less into the lake setback and would not be closer into the right yard setback than the current house or garage. The proposed residential structure is in general harmony with 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). This property is in the General Rural zoning district, which is guided for single-family residential use. The proposed residential structure is a reasonable use for the General Rural District. Holker Variance Staff Report Submitted July 1, 2020 Scandia Planning Commission Page 5 For meeting on July 7, 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 include some sloped areas on the site, septic and well locations, and limited buildable area. The buildable area that would not require a variance is limited, due to the property not conforming to the minimum requirements of its zoning district. The property is zoned General Rural (GR), a district that has a minimum lot size of 2 acres. The property, with the two lots combined, is below this threshold. The (GR) district has a minimum buildable area of 1 acre, which the property currently does not have. The (GR) district also requires a minimum frontage of 160 feet, which the property does not have. 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 structure would be further away from the shoreline as the present non-conforming structure, and would not change the land use of the property from single- family. A new house, following the requested variance requests and other applicable code requirements would allow for a structure similar to others 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 natural and manmade obstacles that make moving the structure location anywhere else a challenge. 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 placing a new residential structure within the required setback areas 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. The proposed residential structure will be located much further away from the shoreline than the current house. The proposed residential structure would have a similar right side setback as the current house and detached garage. The plans submitted are proposed in order to minimize and reduce any impact to trees onsite, not interrupt the existing septic location, and provides a larger shore yard between the house and the lake. This is the minimum action required to eliminate the practical difficulty. Holker Variance Staff Report Submitted July 1, 2020 Scandia Planning Commission Page 6 For meeting on July 7, 2020 • 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 above support granting the variance. 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 side and lake setbacks to allow reconstruction and partial expansion of a residential structure at 12140 196th Street North. The following conditions for the variances are recommended: 1. The lake and right side setback locations of the new residential structure shall be consistent with the plans reviewed in this report and submitted to the City of Scandia on July 1, 2020. 2. The applicant shall secure a permit from the Carnelian Marine St. Croix Watershed District and comply with its requirement. 3. A grading and erosion control plan shall be submitted to the city for review, showing any areas of soil disruption, including the garage floor elevation and the grading limits/elevations/slopes of the new driveway, in order to ensure that drainage is not directed to the adjacent property. 4. Address any comments made from the City Engineer, including an easement for drainage and utilities. 5. The applicant shall have a drainfield review conducted by Washington County Environmental to ensure proper function and compliance, unless such a review has been conducted within the past three (3) years. 6. The applicant shall secure any other relevant State, County and local permits required for the project. Holker Variance Staff Report Submitted July 1, 2020 Scandia Planning Commission Page 7 For meeting on July 7, 2020 7. The applicant shall pay all fees and escrows associated with this application.