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4.a) Staff Report - Olson Variance Memorandum To: Scandia Planning Commission Kristina Handt, City Administrator Reference: 19225 Larkspur Avenue Variance Application, City of Scandia Copies To: Brenda Eklund, Clerk Herbert E. Olson, applicant Project No.: 15744.012 From: Sherri Buss, RLA AICP, Planner Routing: Date: September 21, 2015 SUBJECT: 19225 Larkspur Avenue North Variance Application for Garage MEETING DATE: October 6, 2015 LOCATION: 19225 Larkspur Scandia, Minnesota APPLICANT: Herbert C. Olson 19225 Larkspur Avenue North ZONING: General Rural (GR) District and Shoreland Overlay District 60-DAY PERIOD: November 7, 2015 ITEMS REVIEWED: Application and Survey received September 8, 2015 BRIEF DESCRIPTION OF THE REQUEST: The applicant is seeking to build a 24’x30’ by 10’ high garage on the parcel at 19225 Larkspur Avenue North. The proposed structure would be located within the required setbacks from the bluff, side lot line, and Larkspur Avenue North. The applicant’s parcel includes approximately .31 acres above the OHWL, and is located in the General Rural (GR) District and Shoreland Overlay District of Big Marine Lake, which is classified as a Recreational Development Lake. 19225 Larkspur Ave North Variance Staff Report Scandia Planning Commission Page 2 October 6, 2015 BACKGROUND AND DETAILED EVALUATION OF THE VARIANCE REQUEST: The applicant is requesting a variance to add a 24’x30’ by 10’ high garage to the parcel located at 19225 Larkspur Avenue North. The proposed structure would be located 1) within the required setback from the top of the bluff on the east side of the property, 2) within the required setback from Larkspur Avenue North, and 3) within the required side lot line setback. The proposed location requires a variance from the Development Code setback requirements. Comprehensive Plan The Comprehensive Plan describes the General Rural District as a residential area of mixed lot sizes. The Plan states that overall density in the District should meet the Metropolitan Council requirement of no more than 1 housing unit per 10 acres, but acknowledges that there are a significant number of existing smaller parcels in the District, that areas around the lakes in Scandia that do not meet the lot size and density standard, and that this will continue. The General Rural District permits residential uses and related accessory uses, and the City has considered garages as necessary accessory structures in Minnesota’s climate. The Comprehensive Plan includes goals to protect the water and natural resources in the City through enforcement of the City’s ordinances, including the bluffs and water resources. The applicant is proposing to place the proposed garage as far from the bluff line as possible, while maintaining a minimum setback from the roadway. The proposed efforts to minimize impacts to the bluff setback require the variance from the required roadway setback. The proposed use of the property is generally consistent with the goals of the Comprehensive Plan for the General Rural District and Shoreland Overlay District. Development Code Requirements: Lot Size and Setbacks The applicant’s lot is .31 acres in size (above the OHWL) and is a legal nonconforming lot in the General Rural (GR) District and Shoreland Overlay District. The GR District permits lots of 2 acres and larger in size, and the Shoreland District requires that lots on Recreational Development lakes conform to the minimum lot size of the underlying zoning district. The required setbacks for structures in the Shoreland Overlay District are the following:  Structure setback from the OHWL: 100 feet  Side setbacks: 10 feet for lots that are less than 1.0 acres in size  Setback from the right-of-way line of a public street: 40 feet  Setback from the bluff line: 30 feet The applicant’s proposed setbacks include the following:  Structure setback from the OHWL: more than 600 feet  Side setback: 6 feet  Setback from the road right-of-way: 14 feet  Setback from the bluffline: 19 feet The Planner called the applicant about the site plan to let him know that the Building Code requires a 6-foot separation between the existing home and a detached garage, unless the garage will be constructed to be fire-rated. The applicant indicated that he wishes to move the building to comply with the 6-foot separation; therefore the survey will need to be revised to 19225 Larkspur Ave North Variance Staff Report Scandia Planning Commission Page 3 October 6, 2015 show that the requested setback from the side property line south of the proposed garage would be approximately 4 feet. It would not be possible to locate a typical 2-car garage on this parcel that would meet all of the setback requirements, given the size of the parcel, and the location of the bluffs and existing house. The proposed location places the garage as close as possible to Larkspur Avenue to maintain as much setback as feasible from the bluff line. The proposed location maintains the minimum area for parking vehicles safely on the driveway and providing snow storage. The proposed garage setback from the street is similar to the setback of the existing garage on the adjacent parcel to the south. The proposed side yard setback for the garage is also similar to the garage setback on the adjacent parcel. Accessory Structures There are no existing accessory structures on the parcel. The ordinance permits one detached garage up to 24’x36’ in size on all residential parcels. The proposed structure meets the ordinance requirement for number and size of accessory structures. The ordinance specifies that all detached accessory structures may be used for personal use or agricultural use only. The Planner has included a proposed condition for approval of the variance that no commercial use or commercial-related storage is permitted in the garage. Lot Coverage The Development Code permits up to 25% lot coverage on the area above the OHWL in the Shoreland Overlay District. The certificate of survey indicates that the existing impervious coverage of the parcel above the OHWL is approximately 14% (existing house, wood structure, concrete/stone areas, deck and steps). The addition of the garage would increase the coverage on the parcel to approximately 22%. The proposed lot coverage meets the Development Code requirement. Building Height The proposed garage would be 10 feet in height. The proposed height meets the Development Code requirement. Driveway Access There is an existing driveway access to Larkspur Avenue North. The Development Code permits one driveway access per residential parcel. The Planner has included a proposed condition that the existing driveway access be closed before creation of the new access. The proposed garage is located only 14 feet from the roadway right-of-way and approximately 28 feet from Larkspur Avenue North at the closest point. City staff recommend that if the variance is approved, a condition be included to prohibit parking on the Larkspur Avenue North right-of-way from November 1 to April 30, to allow for snow-clearing and prevent potential property damage and future claims against the City. 19225 Larkspur Ave North Variance Staff Report Scandia Planning Commission Page 4 October 6, 2015 Wastewater Treatment The addition of the garage will not require an expansion of the wastewater treatment system. Stormwater Management The Planner sent the application to the Carnelian-Marine-St. Croix Watershed District (CMSCWD) for review and comment. Jim Shaver, District Administrator responded that the District has no comments on this application. DNR Comments The Planner sent the application to the DNR for review and comment. Jenifer Sorenson, the DNR’s Area Hydrologist, commented as follows: “The only comment I have is that there is an opportunity to infiltrate drainage from the garage and driveway into a rain garden or other area. All of the impervious surface on this lot is concentrated on the top of the bluff. It would be good to see runoff directed into the ground rather than down the bluff.” The Planner added a potential condition that the applicant shall create a rain garden below the garage and outside the bluff setback area to receive drainage from the garage and driveway for the Planning Commission’s consideration. CRITERIA FOR VARIANCES AND FINDINGS Chapter 1, Section 6.0 of the Development Code and Minnesota Statutes 462.357 include the criteria and required process for granting 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. 2. The plight of the landowner is due to circumstances unique to the property not created by the landowner. 3. The variance, if granted, will not alter the essential character of the locality. 4. Economic conditions alone shall not constitute practical difficulties. 5. 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. 6. The required variance is the minimum action required to eliminate the practical difficulty. 7. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Applicant’s Rationale for the Variance The applicants noted the following in their rationale for the variance request: 19225 Larkspur Ave North Variance Staff Report Scandia Planning Commission Page 5 October 6, 2015  The proposed location is as far from the bluff as possible on the parcel while maintaining a minimum setback from the roadway for parking and plowing.  The garage setback from the roadway is nearly the same as the setback of the garage on the adjacent parcel to the south.  The Building Code requires a minimum 6-foot setback between the house and garage, which results in a need for a variance from the side setback. The proposed side setback is similar to the side setback of the existing garage on the adjacent parcel. Findings—Planner Analysis and Options for Consideration Mr. Olson is requesting a variance to construct a garage on the parcel. The proposed location requires a variance from the required setbacks from the bluffline, side lot line, and roadway. The following bullets present the Planner’s findings related to applicant’s request for a variance, based on the criteria for granting a variance. Each of the criteria is shown in italics, with the analysis in standard text that follows:  Variances shall only be permitted when they are in harmony with the 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 Code permits accessory structures for residential uses. The Shoreland Ordinance requires a minimum setback to protect bluff areas. The applicant is proposing to locate the garage as far as possible from the bluffline, while maintaining the minimum separation needed from the roadway. The proposed variance from the side yard setback variance is needed to meet Building Code requirements for fire safety. The proposed variance is in harmony with the general purpose and intent of the official controls.  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 Shoreland Ordinance and City’s past approvals have permitted garages as necessary structures in the Shoreland District due to Minnesota’s climate. The proposed use is a reasonable use based on the official controls.  The practical difficulties are not caused by the landowner, and are unique to the property. The practical difficulties are unique to the property, and include the small size of the parcel, and the location of the existing house and bluffs. A standard garage could not be constructed on the property to meet the required bluffline setback, roadway setback, side setback and the minimum distance that the Building Code requires between the house and garage.  The variance would not alter the essential character of the area. 19225 Larkspur Ave North Variance Staff Report Scandia Planning Commission Page 6 October 6, 2015 Other properties in the area include garages with similar setbacks from the roadway and side lot line, including the garage on the adjacent parcel to the south. 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 size of the existing parcel, and the location of the existing home and bluffline. 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, and with the conditions required for the variance, the garage 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 variance permits construction of the garage in a location that is setback as far as possible from the bluffline, while maintaining the minimum distance from the roadway for safe parking and snow removal. The proposed variance also maintains the minimum side lot setback that is possible to maintain the distance required between the home and garage in the Building Code. The proposed variance is the minimum action needed to eliminate the practical difficulty to permit construction of a garage on the small parcel.  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 support granting a variance to add the garage in the proposed location. ACTION REQUESTED: The Planning Commission should receive public comments at the hearing on October 6. The Planning Commission should discuss the variance request, and can recommend the following: 1. Approval 2. Approval with conditions 3. Denial with findings 4. Table the request PLANNING STAFF RECOMMENDATIONS: The Planner recommends that the Planning Commission recommend approval of a Variance to permit construction of a garage that is 24’x30’ by 10 feet high on the property at 19225 Larkspur 19225 Larkspur Ave North Variance Staff Report Scandia Planning Commission Page 7 October 6, 2015 Avenue North. The garage shall be setback a minimum of 19 feet from the bluffline, 14 feet from the right-of-way of Larkspur Avenue North, and 4 feet from the south lot line. . The Planner recommends the following conditions for the variance: 1. Development of the property shall be consistent with the plans submitted to the City on September 8, 2015. The Certificate of Survey shall be revised to show the 4-foot setback from the side property line. 2. The applicants shall obtain a building permit from the City. 3. The garage may be used for personal use or agricultural use only. No commercial use or commercially-related storage is permitted in the garage. 4. The existing driveway access shall be closed prior to creation of the new access. 5. Parking shall be prohibited on the Larkspur Avenue North right-of-way from November 1 to April 30. 6. The applicant shall add a rain garden below the garage and outside the bluff setback area to receive drainage from the garage and driveway. 7. The Applicant shall pay all fees and escrows associated with this application.