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8.b2b Guinee Variance CC Staff Report Memorandum To: Scandia City Council Reference: Guinee Variance Application Copies To: Brenda Eklund, Clerk Ken Cammilleri, City Administrator Kevin and Carla Guinee, applicants Project No.: 17722.000 Guinee Variance From: Evan Monson, Planner Routing: Date: December 15, 2020 SUBJECT: Guinee Variances from the standards for residential accessory structures and the minimum side setback for an addition and remodel to an existing non-conforming residential structure MEETING DATE: December 15, 2020 LOCATION: 13110 182nd Street North, PID 33.032.20.44.0009 APPLICANT: Kevin and Carla Guinee OWNERS: Bertram and Carol Guinee Revocable Trust ZONING: General Rural (GR), Shoreland Overlay 60-DAY PERIOD: January 9, 2020 (120-day March 10, 2020) ITEMS REVIEWED: Application and plans received November 10, 2020 DESCRIPTION OF THE REQUEST: The applicant is seeking a variance from the minimum side setback in order to remodel and add onto an existing residence at 13110 182nd Street, a lot located on the south side of Big Marine Lake. The existing residence is nonconforming to the minimum side setback required in the Development Code of 20 feet; the house is located 11.7 feet from the west side property line. 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. Guinee Variance Staff Report December 15, 2020 Scandia City Council Page 2 The proposed remodel and addition to the existing house would not encroach further into the side setback than the current house. The addition to the house includes the construction of an attached 496 SF garage. The attached garage would be built along the west side setback line, while additions to the house would be located to the east and below an existing deck on the north/lake side of the house. The setback for structures from ‘Recreational Development’ lakes (such as Big Marine) is 100 feet; the house is setback approximately 131 feet from the Ordinary High Water Level (OHWL). 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 applicant’s project exceeding this 50% value threshold, the remodel of the residence therefore requires a variance be granted. 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 between one and three acres in size to only one accessory structure totaling 1,000 square feet in size. Given there is an existing garage on the site already, a new accessory structure would need a variance. PROPERTY INFORMATION Parcel description: 13110 182nd Street North is located on the south side of the city on the shore of Big Marine Lake. It has an existing nonconforming residence that was built in 1977, as well as an existing 894.25 SF detached garage. The lot slopes down from the street towards the lake, with a few flatter areas in the center of the lot. The lot is substandard, as it does not meet the minimum size, width/frontage, or buildable area requirements of the underlying zoning district. The lot area, as measured on the submitted survey, is 51,071 SF or 1.17 acres. The lot is approximately 136.5 feet wide, with the depth varying from 411 to 416 feet. Zoning: General Rural, Shoreland Overlay Land use: Single-family Residential EVALUATION OF VARIANCE REQUEST Applicant’s Explanation of the Plan and Variance Request “This property has been owned by my parents for nearly 25 years and has been a seasonal residence during this period of time. I moved back to Minnesota with my wife and three young children and have been living in the property full time since February 2020. The home as it is today is doesn’t provide the comfort or amount of space required for this to be a modern year-round residence. We are submitting to make improvements to the property consistent with other year round single family residences in the area. If this variance request is granted, I will be purchasing the property form my parents and intend to make it my primary family residence for many years. The addition of an attached two car garage is reasonable for year round occupancy. The current garage is difficult and dangerous to walk between during winter months. Guinee Variance Staff Report December 15, 2020 Scandia City Council Page 3 This property has been utilized as a seasonal recreational residence for at least the past 25 years. During this time, the property has been used almost exclusively during warm weather months. The existing detached garage is mostly used for storage of seasonal items, a boat, etc. The applicant wishes to make this a year round residence for their family, which include three young children. The applicant proposes to add an attached two car garage to avoid potentially hazardous conditions during winter months while entering and exiting the property. The existing grades of the property slope from south to north and the driveway area becomes dangerous when attempting to walk from the detached garage to the home. As part of the proposed home addition to create more space needed (extra bedrooms for the children who now share rooms) the applicant wishes to add an attached two car garage. The current home is built within the west side setback line. This project is proposed to the east side of the current home away from this side yard setback. The applicant has support from the neighboring properties for the proposed improvements.” Staff Comments on the Variance Request The City Engineer provided the following comments during the review of the variance: • Impervious area shall be reviewed to include all existing/proposed impervious area proposed for the site. • House expansion towards the lake appears to be building into a slope of approximately 25%, verify the slope where the addition is and whether City ordinances allow construction of home within a slope of that grade. • Site improvements shall be within compliance of the Watershed District. Stormwater management improvements shall be anticipated as conditions of approval for their permit. • Some tree canopy will be lost with proposed construction, if tree replacement plan will be required this should be shown on the drawings. • Existing boulder retaining walls height not known along with original construction process, proposed house construction and grading could alter the slope stability within the wall area and should be reviewed carefully during and after construction to avoid failure. • Proposed project will disturb fifty (10) cubic yards or more and/or disturbance of 600 square feet or more, thus a grading permit will be required. • Soil piles and exposed vegetation areas must be contained with erosion control devices, including multi rows of erosion control considering how steep the slopes are on this site. • Temporary restoration may be required to contain any erosion. Upon completion of the grading, site restoration shall be completed as soon as possible. • Septic system/drainfield we will be permitted by the authority of Washington County. Existing septic system will have to be reviewed by Washington County to ensure the system will meet current permit requirements with the proposed house addition. 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: Guinee Variance Staff Report December 15, 2020 Scandia City Council Page 4 • Rule 2.0 (Stormwater) – Stormwater management plan is required based on results of the District’s Small Residential Project Stormwater Worksheet. • Rule 3.0 (Erosion Control) – A revised plan including an implementation schedule and rock construction entrance (or other BMP to prevent track out onto 182nd St) is required. • Rule 4.0 (Buffer) – Not applicable, setback variance is for side setback, not rear yard setback. • Rule 7.0 (Floodplain) – 100-yr HWL for Big Marine Lake is 942.5 (FEMA). All improvements are well above 944.5 (2’ separation). Raingarden or other stormwater BMP must meet separations outlined in 7.3.2. The Department of Natural Resources: • The East Metro Area Hydrologist had not provided comments at the time of this staff report. Development Code: The Development Code notes the minimum side setback for the GR zoning district is 20 feet; the existing residence has a portion located within the west side setback. At the nearest point, it is 11.7 feet from the side property line, so an 8.3 foot variance is needed to bring the house into conformance with the code. The Development Code notes that development cannot take place on slopes greater than 25%. Portions of the lot downhill past the existing deck and house are 25%, while other areas near the house range from 7% to 20% on the proposed conditions survey. While the additions and new garage would not be in areas exceeding slopes of 25%, the presence of the slopes on the property certainly limit the potential for any future construction on an already narrow lot. The Development Code limits lots that are between one and three acres in size to only one accessory structure totaling 1,000 square feet in size. The code notes that in the event a property has no attached garage, a detached garage up to 24 feet by 36 feet in size is permitted that does not count against the number or total square footage permitted for accessory structures. The current garage on the site is just over the 24 x 36 size limit, so it counts against the number and square footage permitted. This puts the property at the limit for accessory structures (one structure, since the lot is less than three acres) and close to the square footage limit (1,000 sq. ft. is the maximum for lots under 3 acres in size). While additional space could be added onto the existing garage, a second garage would need a variance. The City has been working on revising the current code requirements for accessory structures so as to permit a set amount of attached garage space by right. This would mean smaller lots would not require variances to build an attached garage if there is already a large detached garage on the site. Guinee Variance Staff Report December 15, 2020 Scandia City Council Page 5 Criteria for Variance and Findings Chapter One, 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 findings regarding the requested variances. At the December Planning Commission meeting, the request for both variances was approved. Below is the Planning Commission’s findings. • 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 not encroaching into or closer to the lake than the existing house. The impervious surface coverage of the lot, if the variances are granted, would be just under 15%. 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), width (160 feet), or buildable area (1 acre) requirements of the GR zoning district and Shoreland Overlay. The house was built at a time where the minimum setback from the side property lines were different than they are today, while the lot was laid out long before the current minimum lot standards were enacted. The lot also has slopes throughout, further limiting where structures can be placed while still meeting setbacks. The practical difficulties of the lot and the existing house being non-conforming are not caused by the current landowner and are unique to the property. • The variances would not alter the essential character of the area. The house would not be encroaching any further into, or building any additions within the side setback; changes will be to the interior or located in areas outside of the 20 foot side setback. The proposed alterations to the house would not therefore be altering the property to an extent that the ‘essential character’ of the neighborhood is impacted. The addition of a second garage may impact the essential character of the neighborhood. While it would not be the only lot on 182nd Street with multiple garages, the presence of other lots with variances being approved for additional accessory structures or lots not conforming to the Guinee Variance Staff Report December 15, 2020 Scandia City Council Page 6 current requirements for accessory structures does not justify the need to grant the variance. Potential negative impacts to the character of the neighborhood may be moot, or not an issue, since this lot is wooded and a second garage on the site may not be noticeable. Granting the variance to remodel the existing non-conforming house would not alter the essential character of the area. The variance to have an additional accessory structure may not alter the character of the neighborhood due to existing vegetation screening the property from adjacent parcels and the right-of-way. • 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 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 negatively impacted, either, if the requested variances are granted. 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 remodel of the existing nonconforming house 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 west side property line, nor would there be any encroachments into the required front, east side, or lake setbacks. Maintaining the existing setback from the west property line appears to be a minimum action required to eliminate the practical difficulties of the lot and house being non-conforming. While the lot being nonconforming does limit the amount of accessory space and structures 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%. The second garage appears to be a minimum action, as the lot would remain under the 25% coverage limit. The requested variances appear to be 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. Guinee Variance Staff Report December 15, 2020 Scandia City Council Page 7 The variance is not related to a need for direct sunlight for solar energy systems. The findings of the Planning Commission support granting the side setback variance for the house, and the variance for an additional accessory structure. ACTION REQUESTED: The Scandia City Council can do one of the following: 1. Approve 2. Approve with conditions 3. Deny with findings 4. Table the request PLANNING STAFF RECOMMENDATION: The Planning Commission recommended approval of an 8.3 foot variance to the west side setback to allow for an addition and remodel to an existing residential structure, and a variance to the standards for residential accessory structures at 13110 182nd Street. The following conditions for the variances are recommended: 1. The proposed additions and remodel shall not encroach closer to the west side property line than the current house, as shown in the plans submitted to the City of Scandia on November 10, 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 prior to issuance of a building permit, showing any areas of soil disruption, in order to ensure that drainage is not directed to adjacent properties and proper erosion control measures are taken. Any trees being removed and/or added should be noted on the plans or on a separate landscaping plan. 4. Documentation from Washington County that the existing septic system is able to be used, or documentation approving a new system shall be turned in to the city. 5. The applicant shall secure any other applicable Federal, State, County and local permits required for the project. 6. The applicant shall pay all fees and escrows associated with this application.