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5. Swenson Variance PC Staff Report Memorandum To: Scandia Planning Commission Reference: Swenson Variance Application Copies To: Brenda Eklund, Clerk Ken Cammilleri, City Administrator Neil and Diana Swenson, applicants Project No.: 17722.000 Swenson Variance From: Evan Monson, Planner Routing: Date: November 3, 2020 SUBJECT: Swenson Variances from the standards for residential accessory structures and the minimum lake setback for an addition and remodel MEETING DATE: November 10, 2020 LOCATION: 18590 Norell Avenue North, PID 34.032.20.24.0019 APPLICANTS: Neil and Diana Swenson ZONING: General Rural (GR), Shoreland Overlay 60-DAY PERIOD: October 25, 2020 (120-day December 24, 2020) ITEMS REVIEWED: Revised plans received October 23, 2020 DESCRIPTION OF THE REQUEST: The applicants are looking to remodel and add onto their existing residence located at 18590 Norell Avenue North. A proposed addition totaling 534.6 square feet of living space is planned to be built in line with the existing house, and would not encroach any closer than the existing residence to the Ordinary High Water Level (OHWL) of Big Marine Lake. Much of the new addition would occupy a similar footprint as an existing deck. A new 840 square foot attached garage is also proposed, with a new driveway extending out to connect to the existing driveway on the property. With the proposed improvements to the site, the impervious surface coverage of the lot would be just under the maximum area amount permitted of 25%. Swenson Variance Staff Report November 10, 2020 Scandia Planning Commission Page 2 The existing residential structure is nonconforming to the current setback requirements of the city, as the setback from the OHWL is currently 19.9 feet. The Development Code for the city notes in Chapter One, Section 13.3(1) that a nonconforming structure that is “removed, destroyed or altered by any means to the extent that the cost of repair or replacement would exceed fifty percent (50%) of the appraised value of the original structure shall not be replaced, except in conformity with this Development Code. If a replacement structure cannot be placed on the lot meeting all current standards, the variance procedure must be followed.” With the applicants’ project exceeding this value threshold, the remodel of the residence therefore requires a variance be granted. Based off the submitted plans, the nearest point of the residential structure would be the existing 19.9 foot setback (the proposed addition has a setback of 24.9 feet from the OHWL at its nearest point). The normal setback required in the Development Code from a lake such as Big Marine Lake is 100 feet. This results in a variance of 80.1 feet being required. The proposed attached garage also creates a need for a variance, as Chapter 2, Section 3.2(3)(C) of the Development Code limits lots that are under 1 acre in size to only one accessory structure totaling 720 square feet in size. Given the current detached garage on-site is 870 square feet, any sort of expanded or new accessory structure would need a variance. After being reviewed at the last meeting, the Planning Commission tabled the request so as to see potential improvements be made to the plans. The applicant has worked with the watershed to come up with plans that go above and beyond what the watershed would require, so as to ensure water runoff on the site is better than it is currently. PROPERTY INFORMATION Parcel description: 18590 Norell Avenue North is a parcel located on Big Marine Lake. It has an existing 725.4 square foot residence that was built in 1959, as well as an 870 square foot detached garage. The lot gradually slopes down from the south end near the street towards the lake, with flat areas throughout. The lot is approximately 100.25 feet wide, with the depth varying from 204 to 234 feet. The lot size is 19,817 square feet, based off the submitted survey. The lot currently has an impervious surface coverage of just under 18.3%. The parcel is substandard, as it does not meet the minimum width, size, or buildable area requirements for the General Rural (GR) zoning district. The existing residence is not meeting the minimum lake setback, while the existing garage is exceeding the maximum accessory square footage amount for lots under 1 acre in size. This area of Scandia is served by the Anderson/Erikson municipal sewer system. Zoning: General Rural, Shoreland Overlay Land use: Single-family Residential Swenson Variance Staff Report November 10, 2020 Scandia Planning Commission Page 3 EVALUATION OF VARIANCE REQUEST Applicant’s Explanation of the Plan and Variance Request “We purchased this property October 2002. We have seasonally enjoyed the cabin with our family for 18 years. Our two children have recently bought homes of their own in Lindstrom and Bayport and it’s now just the two of us. With that in mind, we decided to try to downsize from our house in Scandia and remodel the existing cabin to change it from a seasonal cabin to our permanent residence. Our plan is to increase the footprint enough to increase the living space but not exceed the 2 bedroom we currently have in the cabin. The additional garage space will provide enough room to keep all of our accessories, boats and vehicles inside to keep the exterior area to be clutter free with items being stored outside. Our hope is to improve the looks of the property yet still stay under the 25% impervious coverage required by code. We have been good stewards of Big Marine Lake, we have protected the shoreline by not altering the natural vegetation and natural berms formed by the ice in the spring. We have also maintained the rain garden near the road to help provide for better water filtration. The lot has never had a standing water problem as it is mostly sand. We have also been working closely with Mike Isensee and Milo Horak of Landmark Surveying, Inc. to insure we will have a full detailed survey with a plan so we will be in compliance with all the Carnelian Marine St. Croix Watershed District requirements. We are working with the architect and surveyor to make sure we do not exceed the 25% impervious allowed. We will be removing the 2 sheds and shrinking the existing driveway and removing other small paved areas.” Staff Comments on the Variance Request The City Engineer provided the following comments during the original review of the variance:  The Anderson/Erickson Sewer System is already operating at or above capacity limits allowable within the adopted ordinance last time Public Works closely reviewed the daily flows, thus if the property is proposing “additional use” that discussion needs to occur prior to allowing a large new year round home to be brought onto the system. How many bedrooms/bathrooms does the current structure have?  Existing lot is very flat thus a grading plan will have to be prepared that will require significant grading along the lot lines to make sure positive drainage is maintained and not pushed onto adjacent properties. Existing garage floor elevation is less than 4” higher than the roadway and with additional proposed impervious surface additional drainage concerns should be reviewed very closely.  City should ask for a 5 foot drainage and utility easement along the entire eastern property line to allow for private utilities to be located within that area and with the road already being located within the existing property line. Swenson Variance Staff Report November 10, 2020 Scandia Planning Commission Page 4  Reduction of tree canopy and pervious surface are concerns and shall be fully discussed. Proposed 24.97% is too close to verify after construction without a full survey, how will this be verified?  Any change to the building structure will require the septic system to become within compliance of the current City Ordinance and comply with Washington County permit requirements and applicant should be aware of the required work that will be necessary.  Verify what structures are being removed with proposed improvements.  Driveway permit will be required.  Water table information will be important in obtaining for building review.  Project shall be in compliance with the Watershed District which will include additional requirements. The Watershed District: The latest proposed plans exceed the requirements of the watershed. The water runoff will be directed away from the lake, which was an item the Planning Commission inquired about during the first meeting. 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.  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 new addition to the existing residential structure would not encroach any closer into the lake setback. The proposed addition, along with a new garage and new driveways, would bring the impervious surface on the site to a total of 4,949 square feet. This amount would be just under the impervious surface limit of 25% by less than 0.1% (4,949/19,817 = 24.97%), but would be within what is permitted. Even with all the new construction, the applicant has worked with the watershed to make sure that runoff is kept out of the lake. 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 Swenson Variance Staff Report November 10, 2020 Scandia Planning Commission Page 5 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 existing residence being nonconforming, and the lot being substandard to the minimum requirements of the development code. The existing cabin does meet minimum setbacks on the sides and the front. The lot does not meet the minimum lot size (2 acres), buildable area (1 acre), or minimum frontage (160 feet) of the GR zoning district. The existing garage is also nonconforming, as it exceeds the current code requirements of only 720 square feet of accessory space on lots of under an acre in size. Apart from the size, the existing garage does meet setbacks and other requirements. If the lot were meeting the minimum lot size of 2.5 acres, the property would be permitted up to 1,000 square feet of accessory space without needing a variance, though a second structure would still not be permitted without a variance. 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 alteration would keep the existing residential structure for single-family use. The addition would not bring the residence out of scale with the range of house sizes in the area, or beyond what is permitted. Apart from the lake setback, the house meets the other requirements of the Development Code. The addition of another garage onto a property of this size would be uncommon, though if the variance is granted it would not be the only property with more than one garage. Granting the variance for the lake setback in order to remodel an existing residential structure would not alter the essential character of the area. Due to its uncommon occurrence, granting the variance to allow for the additional garage could alter the essential character of the neighborhood. • 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. Granting the requested variances would not result in the remodeled house and attached garage 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 impaired, either. Swenson Variance Staff Report November 10, 2020 Scandia Planning Commission Page 6 If maintaining connection to the city sewer system, the applicant should work with the city to ensure the system can handle it. If not, an on-site system may be needed. The requested variances will not impair the supply of light or air to adjacent properties, increase congestion, or substantially diminish or impair property values in the neighborhood. The applicant will need to work with the city to ensure the proposed remodel will not impair the city sewer system, which if overwhelmed could endanger the public. • The requested variance is the minimum action required to eliminate the practical difficulty. The proposed remodel of the existing residence exceeds 50% of the appraised value, hence the need for a variance. The remodel and addition would not result in any encroachment closer to the OHWL; the addition onto the house would meet the minimum front and side setback requirements. Additional construction of the proposed attached garage would bring the property close to the maximum impervious surface coverage of 25%. While the lot being nonconforming does limit the amount of accessory space one can have, the code requirement that limits accessory space is intended to prevent lots from having an excessive number of accessory structures and to help keep lots below the maximum impervious surface coverage of 25%. If the lot was meeting the minimum size (2.5 acres within the Shoreland Overlay), a second structure would still not be permitted without a variance. An addition to the existing detached garage could be better considered as a ‘minimum action’, as the property could then still meet the requirement of having one accessory structure and could better remain under the maximum impervious surface coverage. The variance for the lake setback is the minimum action required to eliminate the practical difficulties facing the existing house. The variance to allow for a second accessory structure appears to not be the minimum action required. • 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 above support granting a variance for the remodel, but do not support granting a variance for the additional accessory structure (the proposed attached garage shown on the submitted plans). In order to grant the variance to allow for the attached garage, the Planning Commission would need to make findings that a second garage on the site would not alter the essential character of the neighborhood, and that a second garage is the minimum action necessary to overcome the difficulties of having a nonconforming lot. Swenson Variance Staff Report November 10, 2020 Scandia Planning Commission Page 7 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 an 80.1 foot variance to the lake side setback to allow for an addition and remodel of an existing residential structure at 18590 Norell Avenue North. The following conditions for the variances are recommended: 1. The location and setbacks of the proposed addition to the existing residential structure shall be consistent with the plans submitted to the City of Scandia on October 23, 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, including building floor elevations and the grading limits/elevations/slopes of the new driveway, in order to ensure that drainage is not directed to adjacent properties. 4. The applicant shall work with the City to establish a five foot easement along the east property line for drainage and utilities. 5. The applicant shall have the septic system meet applicable City Ordinances, and shall comply with applicable Washington County requirements. 6. The applicant shall secure any other applicable Federal, State, County and local permits required for the project. 7. The applicant shall pay all fees and escrows associated with this application.