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9b. Berger Variance PC Staff Report Memorandum To: Scandia Planning Commission Reference: Berger Variance Application Copies To: Brenda Eklund, Clerk Ken Cammilleri, City Administrator Jay Berger, applicant Project No.: 17722.000 Berger Variance From: Evan Monson, Planner Routing: Date: September 30, 2020 SUBJECT: Berger Variance for Lake Setback MEETING DATE: October 6, 2020 LOCATION: 19241 Orwell Avenue North, PID 26.032.20.31.0005 APPLICANT: Jay Berger OWNERS: Christopher Norville, Julie Miller ZONING: General Rural (GR), Shoreland Overlay 60-DAY PERIOD: October 27, 2020 (120-day December 26, 2020) ITEMS REVIEWED: Application and plans received August 28, 2020 DESCRIPTION OF THE REQUEST: The applicant is seeking a variance from the minimum lake side setback in order to construct a new deck onto the existing residence at 19241 Orwell Avenue North, a lot on Sand Lake. The existing residence has a small platform and steps, as well as a brick patio; the proposed deck would occupy similar locations as those. The existing residence is nonconforming, as it is within the minimum 200 foot setback required from ‘natural environment’ lakes. The lot itself is substandard, as it does not meet the minimum size or buildable area requirements for the zoning district it is zoned as. The proposed project shows small encroachments into the lake side setback. The uncovered deck is shown at a minimum setback of 68.7 feet, while the uncovered portion is shown at a setback of 63.7. Berger Variance Staff Report October 6, 2020 Scandia Planning Commission Page 2 The existing house is shown at a setback of 70 feet. Based off the minimum setback being 200 feet, the requested variance would equate to 136.3 feet. PROPERTY INFORMATION Parcel description: 19241 Orwell Avenue North is located on the west side of Sand Lake. It has an existing residence that was built in 1964. The lot slopes down from the west end near the street towards the lake, with some flat areas in the center of the lot. The lot is substandard, as it does not meet the minimum size or buildable area requirements of the underlying zoning district. The lot area, as measured on the submitted survey, is 53,933 SF or 1.24 acres. The lot is approximately 160 feet wide, with the depth varying from 288 to 347 feet. Zoning: General Rural, Shoreland Overlay Land use: Single-family Residential EVALUATION OF VARIANCE REQUEST Applicant’s Explanation of the Plan and Variance Request “The owners of the property, Christopher Norville and Julie Miller recently moved here from Oregon and bought the subject house. They knew it was old and in need of repair. They are planning to improve both the inside and outside of the house and find that they would like to add a deck facing the lake, as part of their remodel. The deck can be seen on the included plans. The deck itself will extend from the house 12’. They want this deck installed for both house usability and safety. From a usability standpoint, the house will offer a nicer option to enjoy the lake; and from a safety perspective, the steps that are now located on the lakeside of the house and that step down to grade and are currently extending 5’ towards the lake now are unsafe. I have inspected the steps and found them to be dangerous, as they are crumbling and were built without footings. Thus, the steps there have now heaved and are uneven, and are unsafe to use. So, from the perspective of the actual additional footage extending from the house toward the lake even after the new deck is completed is 7’. The house is in need a repair. The owners bought it knowing such work would need to be completed. The owners are of the opinion that the improvements they propose, which include the deck, will better the appearance and value of their house and improve the neighborhood. Based on the above information, they are asking for a variance to construct the proposed deck on the plan.” Berger 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: • Variance request shall be reviewed by the Washington Conservation District to comment on setback from OHWL. • Erosion control plan will be required. Depending on size of house addition a grading plan may be required. • Project shall be in compliance with the Watershed District which will include additional requirements. • Temporary restoration may be required to stabilize work zone and excavated material handled with care to ensure erosion to lake does not occur. The Watershed District: The Watershed District noted 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 – CMSCWD Rule 2 is triggered by the potential Scandia setback for OHWL variance. Stormwater management BMPs sized in compliance with the District’s Small Residential Stormwater Worksheet is required. Approximately 207 SF of new impervious surface is proposed. Stormwater BMP(s) providing 31 CF of storage is required. A declaration for maintenance of stormwater management facilities will also be required for the BMP(s). • Rule 3 Erosion Control – Sediment control logs are recommended downslope of disturbed areas. General disturbed area revegetation specifications (turf or seed and sod) is required. • Rule 4 Buffers – In order to implement the proposed plan, Scandia would need to approve a variance from its shoreland ordinance for shoreline setback therefore the District’s Buffer Rule applies. Sand Lake is a Groundwater-Dependent Natural Resource, requiring a 100-foot buffer. However, Rule 4.9.4 (exception for nonconforming setback) reduces the buffer width required to a minimum of 50% of the distance between the existing structure and the OHWL. If the variance is approved by Scandia, a buffer and recorded buffer declaration will be required by the District, along with a planting plan to establish adequate vegetation for any areas of the buffer that will be disturbed. 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. Berger Variance Staff Report October 6, 2020 Scandia Planning Commission Page 4 • 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 proposed improvements are minor; combined with working with the watershed district the applicants intend to minimize any potential impacts that could result from this project. The proposed plans are 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. 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 are a result of the lot being substandard, and the existing house not meeting the minimum requirements of the development code. The lot does not meet the minimum lot size (2 acres), or buildable area (1 acre) requirements of the GR zoning district. The house resides nearly fully within the required setback from the OHWL. The existing residence was built by previous owners at a time where zoning regulations permitted structures at smaller distances from lakes. Without moving the house, any potential changes to the lake side of the house will encroach into the required lake setback. 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 deck would not be altering the property to an extent that the ‘essential character’ is impacted. Many lots along this lake have decks or patios on the rear side as well; the proposed deck would largely occupy a similar footprint as an existing brick patio. Most neighboring properties will likely not notice the deck if the variance is granted. 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 in the 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. Berger Variance Staff Report October 6, 2020 Scandia Planning Commission Page 5 Granting the requested variances would not result in limiting light or air to neighboring properties. The land use will not change from single-family residential, so increases to congestion, fire danger, or public safety are not expected. The property values of neighboring values would not be 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. • The requested variance is the minimum action required to eliminate the practical difficulty. The proposed project would add approximately 207 square feet of deck and steps onto the lake side of the house. The proposed project would encroach into the existing setback by less than 10 feet. Given that the proposed project is only x feet closer to the OHWL than the existing house, the proposed plans appear to be as minimal of an action one could request. 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 a 136.3 foot variance to the lake side setback to allow construction of a deck onto an existing residential structure at 19241 Orwell Avenue North. The following conditions for the variances are recommended: 1. The location of the proposed deck shall be consistent with the plans submitted to the City of Scandia on August 28, 2020, and 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 grading plan and erosion control plan shall be submitted to the city for review, showing any areas of soil disruption, in order to ensure that drainage is not directed to adjacent properties. Berger Variance Staff Report October 6, 2020 Scandia Planning Commission Page 6 4. The applicant shall secure any other applicable Federal, State, County and local permits required for the project. 5. The applicant shall pay all fees and escrows associated with this application.