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4.b) Staff Report - Amundson Variance Memorandum To: Scandia Planning Commission Kristina Handt, City Administrator Reference: Amundson Variance Application, City of Scandia Copies To: Brenda Eklund, Clerk Greg Amundson, Applicant Project No.: 15744.013 From: Sherri Buss, RLA AICP, Planner Routing: Date: October 5, 2015 SUBJECT: Greg Amundson Variance for Horse Barn MEETING DATE: October 6, 2015 LOCATION: 20575 St. Croix Trail North Scandia, Minnesota APPLICANT: Greg Amundson 20575 St. Croix Trail North ZONING: General Rural (GR) District 60-DAY PERIOD: November 14, 2015 ITEMS REVIEWED: Application and Survey received September 14, 2015 BRIEF DESCRIPTION OF THE REQUEST: The applicants are seeking to build a horse barn on the parcel at 20575 St. Croix Trail North. The proposed structure would be located within the required 100-foot setback from one of the parcel boundaries for structures that are used to house domestic farm animals. The applicant’s parcel includes approximately 12.7 acres, and is located in the General Rural (GR) District. BACKGROUND AND DETAILED EVALUATION OF THE VARIANCE REQUEST: 20575 St. Croix Trail North Variance Staff Report Scandia Planning Commission Page 2 October 6, 2015 The applicant is requesting a variance to add a 40’x56’’ horse barn to the parcel located at 20575 St. Croix Trail North. The proposed structure would be located approximately 50 feet from the southern boundary of the parcel. The Development Code requires that structures that house domestic farm animals be located at least 100 feet from all property lines and 200 feet from any seasonal or year-round wetland lake or stream. The proposed location therefore requires a variance from the Development Code setback requirements. The applicant’s parcel includes a former gravel pit. The pit was restored with 25% slopes, as required by the Mining Ordinance. Over two-thirds of the parcel area is occupied by the former pit and restored slopes. The Development Code requires that buildings that house domestic farm animals be located on slopes that are 13% or flatter. Therefore there is a limited area where the building could be located on the parcel. The applicant indicated that the barn will be used primarily for storage of hay and tack. The lean-to portion of the barn will be used to shelter horses in the winter. The horses live in the fields on the property during most of the year. The applicant indicated that animal waste in the barn will be removed from the barn with a tractor and spread on fields on the property during most of the year. If manure needs to be stored in the winter before spreading, the applicant indicated that he will store the animal waste outside the required 100-foot setback from the property boundary and required 200-foot setback from the wetland. Comprehensive Plan The Comprehensive Plan includes goals to preserve the community’s rural character and recognize, protect and encourage agriculture as a long-term land use. The Plan’s goals for the General Rural (GR) District include the following:  Provide for a wide range of land uses that are able to coexist within a rural setting, including traditional and specialty agriculture, horse and hobby farms, limited raising of animals, market gardening, and limited residential development and institutional uses.  Allow residential densities of 4 dwelling units per 40 acres The proposed use of the property is consistent with the goals of the Comprehensive Plan for the General Rural District. Development Code Requirements: Lot Size and Setbacks The applicant’s lot is 12.7 acres in size. The GR District permits lots of 2 acres and larger in size. The required setbacks for structures in the GR District are the following:  Front setback: 150 feet from the centerline of TH 95 or 75’ from the ROW, whichever is greater, and no closer to the front setback than the primary structure  Side setbacks for most structures: 20 feet  Rear setback: 50 feet  Structures that shelter domestic farm animals: o 100 feet from all property lines o 50 feet from existing well and or residential structure on the same parcel o 200 feet from wetlands, lakes or streams 20575 St. Croix Trail North Variance Staff Report Scandia Planning Commission Page 3 October 6, 2015 o May not be placed on slopes that exceed 13% The applicant’s proposed setbacks include the following:  Front setback: 315’ from the centerline and 270’ from the ROW of TH 95  Side setback: 50’  Rear setback: 160’  Structure that shelters domestic farm animals o 50 feet from closest property boundary; meets requirement for other boundaries o 65’ from existing house o 150’ from existing well o 190’ from an existing incidental wetland (based on applicant field measurement to edge of wetland) o Proposed location is on 6% slope and outside the areas on parcel of 13%-25% slopes The proposed barn location requires a variance from the required setback for structures that shelter domestic farm animals and the required setback from a wetland, lake or stream. The purpose of the structure setbacks for animal buildings is to maintain separation from adjacent residences, wells and water bodies so that animal noise, waste, and other potential impacts do not impact neighboring uses or natural resources. In this case, the adjacent use south of the applicant’s parcel is occupied by agricultural uses. The nearest home is approximately 600 feet to the southeast. (See attached aerial photo.) In addition to the required farm animal building setback, the Development Code requires that “feedlots and manure storage site shall be located 100 feet from any property line, 50 feet from any existing well or residential structure on the same parcel, and 200 feet from any seasonal or year-round wetland, lake or stream.” The Planner discussed the setback requirements with the applicant, and he indicated that he will place all manure storage areas outside the required setbacks. The Planner has included a condition requiring manure and waste storage outside the required setbacks from property lines for buildings that house farm animals. The Planner requested that the Washington Conservation District staff, who assist the City with wetland analysis and permitted, review the wetland on the parcel to determine if it is subject to the requirements of the Wetland Conservation Act. Jed Chesnut of the WCD reported the following: “I have reviewed historic aerials and see mining in that location in the 1930’s. It appears that the wetland was most likely formed as part of the mining process and would, therefore, be incidental. As such, ti would not be subject to regulation by the Wetland Conservation Act. Regarding the boundary, it looks like the wetland has a relatively abrupt change from upland to open water. Because of this, the wetland boundary is probably close to the water, perhaps 1-2 feet upslope. I wouldn’t think the wetland edge would be much further than that upslope than that.” While the City’s wetland buffer requirement is not specific about whether the requirement applies only to wetlands under the jurisdiction of the Wetland Conservation Act, Watershed District and WCD staff have proposed that the requirement not apply to the proposed Forest Lake Holdco Community Solar Garden facility. The Planning Commission should provide a recommendation about whether or how the wetland buffer requirements should be applied to “incidental” wetlands that can be applied to both applications. 20575 St. Croix Trail North Variance Staff Report Scandia Planning Commission Page 4 October 6, 2015 Accessory Structures There is one existing accessory structure on the parcel—a garage/office that is approximately 1, 800 square feet in size. The proposed barn is 2,240 square feet in size. The Development code permits up to two residential accessory structures with a total area of 3,500 square feet and up to 2 agricultural buildings with a total area of 6,000 square feet on parcels that are 10.0 to less than 20.0 acres in size. 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 barn. Lot Coverage The Development Code permits up to 25% lot coverage on parcels within the GR District. The Planner calculated the existing impervious coverage of the parcel as approximately 1.4% (existing house, garage, and driveways). The addition of the barn would increase the coverage on the parcel to approximately 1.8%. The proposed lot coverage meets the Development Code requirement. Building Height, Materials and Color The proposed barn would be approximately 16 feet in height. The maximum building height permitted in the GR District is 35 feet. The proposed height meets the Development Code requirement. The Development Code does not include building material color and height standards for agricultural buildings. The applicant indicated that the building will be a pole barn structure, and that he intends to paint the structure to match the house as closely as possible (brown), with a green roof. The Planner has included a condition that existing mature trees to the west and south of the proposed barn be maintained to provide screening for the structure. Driveway Access The parcel has two existing accesses—one from TH 95, and another from 205th Street North. The access for the barn will be the driveway from 205th Street. The City Engineer reviewed the driveway, and had several comments and suggested conditions, which are discussed under “stormwater management,” below. Wastewater Treatment The addition of the barn will not require an expansion of the wastewater treatment system. 20575 St. Croix Trail North Variance Staff Report Scandia Planning Commission Page 5 October 6, 2015 Stormwater Management The proposed building is located outside the existing drainage easements of the parcel, which include an easement from 205th Street North, and a 75’ vegetated buffer area around the wetland. The City Engineer noted that aerial photos indicate that the existing driveway was constructed between April 20ll and April 2012. He provided the following comments and recommended conditions in his review of the application: “The proposed project will disturb fifty (50) cubic yards or more and/or disturb 1,000 or more square feet, along with clearing trees. This will require a Grading/Land Alternation Permit. The following items shall be submitted with the permit application:  Erosion and sediment control plan.  Existing 12-inch corrugated metal culvert shown on the survey currently drains right to the southwest corner of the proposed building. Final plans should include a site plan showing grading and pipe relocation to ensure drainage has been redirected way from the foundation of the proposed structure.  205th Street North is a public street that has existing concrete curb and gutter. Other driveways that connect to 205th Street North consist of driveways that are constructed of material that does not erode. With the proposed building, (there may be) additional vehicle trips. The final plans should include a design/driveway material that prohibits erosion and eliminates sediment entering the curb line and storm structures downstream. The Engineer later recommended that the a bituminous or concrete driveway apron be constructed where the driveway meets 205th Street, and that minor ergrading of the driveway occur so that the gravel portion of the driveway drain into the adjacent grass.  Driveway culvert shall be reviewed if necessary to maintain drainage between the existing curb line of 205th Street North and the south property line.  Final grading plan shall be completed to reduce the potential of erosion and provide adequate slope around the proposed building.  Recommend that the Owner submit geotechnical soil information within the area of the proposed building for further review to determine if any potential soil correction or reinforcement may be necessary in the event that poor soils are encountered.  All site work shall be in compliance with the Carnelian Marine St. Croix Watershed District rules. The Planner sent the application to the Carnelian-Marine-St. Croix Watershed District (CMSCWD) for review and comment. The District has not provided comments to date. The District’s comments will be provided to the Planning Commission at the meeting on October 6. 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: 20575 St. Croix Trail North Variance Staff Report Scandia Planning Commission Page 6 October 6, 2015 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 applicant noted the following in his rationale for the variance request:  The proposed location is as far from the south parcel boundary as possible while remaining outside the slope areas and maintaining the other required setbacks for structures that house domestic farm animals.  The proposed location is the only location on the parcel where the building could be located on a relatively flat area that meets most of the setback requirements due to the slopes around the former gravel pit. The location on the flat area will reduce the potential for impacts to the pond.  The proposed location is screened from the west and south by existing trees.  The applicant will store all manure and barn wastes in locations that meet the Development Code requirements. Findings—Planner Analysis and Options for Consideration Mr. Amundson is requesting a variance to construct a barn on his property. The proposed location requires a variance from the required setbacks for agricultural buildings that house farm animals. 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 agricultural uses in the General Rural District, including horse and hobby farms. The Code permits accessory structures for agricultural uses. The Code includes a 100’ setback requirement for 20575 St. Croix Trail North Variance Staff Report Scandia Planning Commission Page 7 October 6, 2015 agricultural structures from property boundaries in order to manage the potential impacts of animal waste, odors and noise. The nearest adjacent residential structure is over 600 feet from the proposed barn. The proposed approval includes conditions to manage animal waste and drainage at a location that meets the setback requirement. The water body at the base of the slope area is classified as an “incidental” wetland, and is not subject to the requirements of the Wetland Conservation Act or the City’s wetland buffer requirement. 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). Agricultural structures are permitted, and therefore reasonable, uses in the General Rural District. 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 extensive steep slopes on the site that the result of restoration after its previous use as a gravel mine. The proposed location maintains the widest possible setback from the property boundary while placing the structure outside the steep slope areas of the former gravel pit and the slopes along TH 95. The proposed location maintains the required front and rear setbacks, and the setbacks from the existing home and well.  The variance would not alter the essential character of the area. The applicant’s parcel is adjacent to agricultural fields to the south, larger rural lots to the west, north and south. Many of the parcels have accessory structures, and are screened from the parcel by woods. There is an existing row of homes on 205th Street to the southeast. The closest home is approximately 600 feet from the proposed barn. Areas to the west and south of the proposed barn on the applicant’s parcel include mature trees that will help to screen the structure from views from adjacent uses. Granting the variance would not alter the essential character of the area.  Economic conditions alone shall not constitute practical difficulties. The practical difficulties are the result of the extensive slope areas on the parcel that resulted from restoration of the previous gravel pit use on the parcel. 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 that require that manure and waste be 20575 St. Croix Trail North Variance Staff Report Scandia Planning Commission Page 8 October 6, 2015 stored outside the required setback, the barn 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 barn in a location that is setback as far as possible from property boundaries and wetland while addressing the ordinance requirement that it not be located on slopes greater than 13%. The location meets the other setback requirements in the Development Code. The proposed variance is the minimum action needed to eliminate the practical difficulty to permit construction of a barn on the 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 barn that is 40’x56’ by approximately 16 feet high on the property at 20575 St. Croix Trail North. The garage shall be setback a minimum of 50 feet from the south parcel boundary, and shall meet all other setback requirements for agricultural structures that house farm animals in the Development Code. . 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 14, 2015. 2. The applicant shall obtain a building permit from the City. 3. The barn may be used for personal use or agricultural use only. No commercial use or commercially-related storage is permitted in the barn. 20575 St. Croix Trail North Variance Staff Report Scandia Planning Commission Page 9 October 6, 2015 4. All manure or other waste related to the barn use shall be stored outside the required 100-foot structure setback and required 200-foot setback from the wetland. 5. The applicant shall maintain the existing mature trees to the west and south of the proposed barn to provide screening for the structure. 6. The applicant shall obtain a Grading/Land Alteration Permit, and shall include the items required by the City Engineer in his letter dated September 17 in the application for the permit, including the following:.  Erosion and sediment control plan.  Existing 12-inch corrugated metal culvert shown on the survey currently drains right to the southwest corner of the proposed building. Final plans should include a site plan showing grading and pipe relocation to ensure drainage has been redirected way from the foundation of the proposed structure.  The final plans should include a bituminous or concrete driveway apron that will be constructed where the driveway meets 205th Street north, and minor grading to drain the gravel portion of the driveway to the adjacent grass area.  Driveway culvert shall be reviewed if necessary to maintain drainage between the existing curb line of 205th Street North and the south property line.  Final grading plan shall be completed to reduce the potential of erosion and provide adequate slope around the proposed building.  Recommend that the Owner submit geotechnical soil information within the area of the proposed building for further review to determine if any potential soil correction or reinforcement may be necessary in the event that poor soils are encountered.  All site work shall be in compliance with the Carnelian-Marine-St. Croix Watershed District rules. 7. The Applicant shall obtain any required permit(s) from the Carnelian-Marine-St. Croix Watershed District. 8. The Applicant shall pay all fees and escrows associated with this application.