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6b. Werb Variance PC Staff Report Memorandum To: Scandia Planning Commission Reference: Werb Variance Application Copies To: Brenda Eklund, Clerk Ken Cammilleri, City Administrator Michael Werb, applicant Project No.: 17722.000 Werb Variance From: Evan Monson, Planner Routing: Date: September 28, 2020 SUBJECT: Werb Variances for Side Setbacks MEETING DATE: October 6, 2020 LOCATION: 18657 Lamar Avenue North, PID 31.032.20.14.0100 APPLICANT/OWNER: Michael Werb ZONING: General Rural (GR), Shoreland Overlay 60-DAY PERIOD: October 25, 2020 (120-day December 24, 2020) ITEMS REVIEWED: Application and plans received August 26, 2020 DESCRIPTION OF THE REQUEST: The applicant has recently acquired this property and is looking to place a new house and attached garage on it. The parcel currently has part of a house on it, with the rest of the house extending into the parcel to the south. The applicant would like to remove said existing house in order to build a new, better conforming residence on the parcel. The parcel to the south was purchased by the applicant’s sister, who is also looking to build her own house on that parcel once the existing house is removed. The applicant’s property is substandard, as it does not meet the minimum width, size, or buildable area requirements for the General Rural (GR) zoning district. The parcel is 8,388 square feet in size, and has a width of less than 45 feet. The minimum side setbacks are 20 feet, meaning that a structure would need to be less than 10 feet wide in order to meet the minimum setback requirements. The proposed house the applicant would like to build is 30 feet wide, which would place it within the required setbacks. The Werb Variance Staff Report October 6, 2020 Scandia Planning Commission Page 2 variance requested by the applicant is for 13 feet from both the north and south side property lines, which equates to a new minimum setback of 7 feet. PROPERTY INFORMATION Parcel description: 18657 Lamar Avenue North is a narrow, substandard parcel located north of the intersection of Lamar Avenue and 185th Street North. It has an old, nonconforming house that straddles it and the parcel to the south. The parcel has some flat areas on the west side, while the east side slopes down towards Langly Avenue. The lot area is 8,388 SF, per county records. The lot is slightly angled, with a depth of 192.4 feet on the north side and a depth of 196.8 feet on the south side. The frontage of the parcel is 50 feet, while the angle of the parcel results in the width being just under 45 feet. Zoning: General Rural, Shoreland Overlay Land use: Single-family Residential EVALUATION OF VARIANCE REQUEST Applicant’s Explanation of the Plan and Variance Request “Siblings Michael Werb (Lot F) and Brenda and Alan Walker (Lot G), request a side setback variance to build houses. The lots are 50 feet wide in front and 52 feet wide in back and between 192 and 201 feet deep on each side. We request variances for side setbacks from 20 feet to 7 feet in order to build two separate 30 foot wide by 35 feet long houses on the separate lots. The hardship includes: A. Both property owners propose to use the property in a reasonable manner. Each of the landowners plan a 30 foot wide house that would be possible with a side setback variance of 13 feet on each side of each lot allowing for 7 feet setbacks. B. The houses the owners plan to build are similar to other houses in the area and do not encroach on existing houses. C. The fact that the lots are not conductive to meeting exact code requirements of 20 foot side setbacks on the 50 foot lots that leaves only a 10 foot width for building a house. The lots would not be worth having without this variance. D. The best and least intrusive request is for side setback variances. Otherwise a reasonable use for the property does not exist under the terms of the zoning ordinance and codes. E. The slope of the lots limit where a house can be placed; owners need a safe place to build which the variance will allow. F. The plight of the landowners is due to circumstances unique to the property, not created by the landowners. These circumstances existed before the owners purchased the lots. G. The variance, if granted, will not alter the essential character of the locality, including the rural community, and will not impede the agricultural goals and natural resources in the area.” Werb Variance Staff Report October 6, 2020 Scandia Planning Commission Page 3 Staff Comments on the Variance Request The City Engineer provided the following comments during the original review of the variance: • Survey and Grading Plan would be required for submittal and review. Relatively flat in this area between existing home and roadway where additional ditching may be required upon a survey and additional driveways are constructed. • Each parcel would have to have their own separate well permitted and approved through the MDH if two separate homes area constructed. • If proposed building requests future sewer service with connection to the Bliss system it will required the septic system is compliance with the current City Ordinance and comply with Washington County permit requirements and applicant should be aware of the required work that will be necessary. These requirements should be closely review with Public Works to prevent any surprises on what may be required on a future building permit. • Driveway permits will be required. • Loss of tree canopy should be discussed and taken into account. More canopy retained/replaced will only help drainage runoff down the bluff. • Project shall be in compliance with the Watershed District which will include additional requirements. The Watershed District: The applicant has been working with the Watershed to acquire necessary permits. The Watershed noted a need for a grading and drainage plan, an erosion and sediment control plan, and a maintenance declaration for storm water facilities in order to issue a permit. 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, front, and side setbacks at 12050 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 2040 Comprehensive Plan identified that there is a need for new housing in the future, as the city’s population is expected to slowly increase over time. Utilizing two already existing lots would help provide additional housing in the city without requiring a new subdivision. The parcel is zoned General Rural while also being within the Shoreland Overlay; both of these permit single-family residential use. The proposed plans are in general harmony with the Comprehensive Plan and Development Code. Werb Variance Staff Report October 6, 2020 Scandia Planning Commission Page 4 • 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. Proposing to continue to use the property for residential use is a reasonable use in the General Rural District. • The practical difficulties are not caused by the landowner and are unique to the property. The practical difficulties that limit the use of the property are a result of the lot being substandard and not conforming to the minimum requirements of the development code. The lot does not meet the minimum lot size of 2 acres, buildable area of 1 acre, or the minimum frontage of 160 feet for the GR zoning district. If a lot is only 50 feet wide, a house could only be 10 feet wide in order to meet the minimum side setback requirement. The buildable area for the parcel, using minimum required setbacks, gives the property owner a narrow space to work with; it is not common to require houses fit within such a space and expect them to meet modern building code requirements. 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 plans would utilize the property for a single family residence, which is a similar use as other adjacent properties. The proposed variance request would permit for a house to be built in a size that is similar to other residences. Other applicable code requirements (such as maximum lot coverage) and the fact that the lot slopes considerably on the east half would prevent a new residence from altering the essential character of 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 lot not providing the minimum amount of space as is required by code. 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. Granting the requested variances would not result in the new house and detached garage limiting light or air to neighboring properties. The land use will be single-family residential, so increases to congestion, fire danger, or public safety are not expected. The property values of neighboring values would not be negatively impacted, either. The requested variances 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. Werb Variance Staff Report October 6, 2020 Scandia Planning Commission Page 5 • The requested variance is the minimum action required to eliminate the practical difficulty. The proposed residential structure is modest in size at just over 1,000 square feet. The placement of the house and attached garage is centered on the lot, so as to minimize the encroachment into the north and south side setbacks. Since building codes can limit how small a house can potentially be built, it is unlikely that a smaller side yard variance could be granted in order to permit construction of a new residence on the lot. This is 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 variance is not related to a need for direct sunlight for solar energy systems. The findings 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 the north and south side setbacks in order to allow construction of a residential structure with side setbacks of eight feet at 18657 Lamar Avenue North. The following conditions for the variances are recommended: 1. The north and south side setbacks of the proposed residential structure is permitted to be 7 feet, as per the plans reviewed for this request. 2. The applicant shall secure applicable permits from the Carnelian Marine St. Croix Watershed District, and comply with their requirements. 3. A survey, grading plan, and erosion control plan shall be submitted to the city for review, showing any areas of soil disruption, including building floor elevations and the grading limits/elevations/slopes of any new driveways, in order to ensure that drainage is not directed to adjacent properties. 4. The applicant shall provide documented approvals for a well and septic system on the site. 5. The applicant shall secure any other applicable Federal, State, County and local permits required for the project. Werb Variance Staff Report October 6, 2020 Scandia Planning Commission Page 6 6. The applicant shall pay all fees and escrows associated with this application.