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4.a) 2013 Staff Report-histroical infoMemorandum To: 444 Cedar Street. Suite 1500 Saint Poul, MN 55101 651.292.4400 Copies To: tkda.com 01 Sherri Buss, RLA AICP, TKDA Planner Memorandum To: Scandia City Council Kristina Handt, City Administrator Copies To: John Krueger, Applicant From: Sherri Buss, RLA AICP, Planner Date: July 3, 2013 Reference: Krueger Variance Application, City of Scandia Project No.: 15253.016 Routing: SUBJECT: Krueger Variance Application MEETING DATE: July 16, 2013 LOCATION: 12199205 th Street North Scandia, Minnesota APPLICANTS: John Krueger ZONING: General Rural District and Shoreland Zone 60 -DAY PERIOD: August 10, 2013 ITEMS REVIEWED: Application and Plan received June 10, 2013 BRIEF DESCRIPTION OF THE REQUEST: The applicant is seeking to build a swimming pool and hot tub between the existing home on the property and Big Marine Lake. The proposed location for the pool is within the required structure setback from the lake. The parcel includes 5.09 acres. The property is located in the General Rural (GR) District and within the Shoreland Zone of Big Marine Lake, a Recreational Development Lake. DETAILED EVALUATION OF THE VARIANCE REQUEST: Comprehensive Plan The Comprehensive Plan indicates that the General Rural District includes areas of mixed lot sizes, and will continue to do so. Single-family residential uses, including accessory uses, are An employee owned company promoting affirmative action and equal opportunity Krueger Variance Staff Report Scandia City Council Page 3 July 16, 2013 Building Height No new buildings are proposed. Wastewater Treatment The proposed expansion does not require additional wastewater treatment on the parcel. Stormwater Management and Land Alteration No alteration is shown in the grades on the site, and no grading plan was included with the application. However, construction of the pool structure and hot tub will require grading to create a flat area. Areas to the south and east of the pool include significant slopes. While the slopes do not meet the definition of "bluffs" or "steep slopes" in the Shoreland District regulations, care will be required to avoid creating steep or unstable slopes when the pool area is graded. The Planner sent the application to the Carnelian -Marine Watershed District and the Minnesota DNR for review and comment. District staff noted that it is likely that the proiect will require Watershed District Permits for bluffs stormwater management and erosion control and the conditions require that the applicants obtain any required „permits from the District. The City's ordinance requires that the applicants obtain a land alteration and grading permit if 1,000 square feet or more of land area will be disturbed for the proposed pool and hot tub. The applicant should obtain the land alteration and grading permit if the land disturbance exceeds 1,000 square feet. The Planning Commission included a condition that the applicant shall submit the grading plan for the site to the City for approval by the City Engineer before a building permit may be issued. Landscape Plan and Tree Replacement Requirements No landscape plan is required for the expansion. The Minnesota DNR staff suggested that the City could consider requiring screening for the proposed pool if noise or activity is likely to impact other lakeshore owners. Some mature trees may need to be removed to construct the pool structure and hot tub. The Shoreland Overlay District regulations do not allow removal of healthy trees over six (6) inches in diameter at a point fifty-four inches above ground level (dbh) within the required building setback without replacement. The applicant will be required to submit a tree replacement plan that identifies any healthy trees that are proposed for removal within the setback area that are over 6 inches dbh and proposed replacement trees 1:1 replacement). The 121an must be approved by City staff before a buildingpermit may be issued. CRITERIA FOR VARIANCES AND FINDINGS Chapter 1, Section 6.0 of the Development Code includes the criteria and required process for considering variance requests. Variances may only be granted when the terms of the variance are consistent with the Comprehensive Plan and in harmony with the general purpose and intent of the development code. The other variance criteria include: 1. The applicant proposes to use the property in a reasonable manner not permitted by the Development Code. 7 Krueger Variance Staff Report Scandia City Council Page 5 July 16, 2013 natural vegetation. The practical difficulties were not caused by the landowner and are unique to the existing development and vegetation on the property. • The variance would not alter the essential character of the area. The applicants' home is near other residential structures that have a variety of accessory structures. The proposed use would not alter the essential residential character of the area. • Economic conditions alone shall not constitute practical difficulties. The practical difficulties are related to the shape of the existing lot, location of existing structures, septic system and vegetation. 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 variance will not impair the supply of light or air to adjacent properties. It will not increase congestion, endanger the public, or substantially diminish or impair property values in the neighborhood. • The required variance is the minimum action required to eliminate the practical difficulty. The proposed pool structure will be 60 feet from the OHWL. The hot tub should be relocated to maintain at least the same 60 -foot setback from the OHWL. Some separation is needed between the pool and the other structures and septic system, so the proposed location provides as much separation from the lake as possible without impacting other structures. The variance is the minimum action needed to eliminate the practical difficulty. • 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. PLANNING COMMISSION PUBLIC HEARING AND DISCUSSION The Planning Commission held a public hearing on the application at its July 2nd meeting. Neighbors noted concerns about potential impacts of lighting and noise on surrounding properties. The Planning Commission discussed those concerns, noted that the lack of a certificate of survey made evaluation of setback and slope issues difficult, and noted concerns about potential slope impacts as the area is graded to accommodate the pool. They also concluded that the hot tub should be relocated so that it meets the same setback as the pool, as there is ample area available around the pool structure to relocate the hot tub and maintain as much of the lake setback as possible. The Planning Commission recommended approval of the variance and added conditions related to the following issues: I Krueger Variance Staff Report Scandia City Council Page 7 July 16, 2013 6. The applicant shall obtain a Building Permit and Land Alteration Permit from the City prior to construction of the swimming pool and hot tub. 7. The applicant shall obtain the required Watershed District permits for buffers and for storm water management and erosion control, and provide a copy of the approved permits to the City. 8. The applicant shall locate and focus any lighting for the pool area on the pool and deflect light away from surrounding residential properties. 9. The Applicant shall pay all fees and escrows. 1