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8.b4b Staff Report Staub Variance TKDA | 444 Cedar Street Suite 1500 | Saint Paul, MN 55101 651.292.4400 • tkda.com An employee -owned company promoting affirmative action and equal opportunity. Memorandum To: Scandia City Council Reference: Staub Variance Application Copies To: Brenda Eklund, Clerk Ken Cammilleri, City Administrator Mark Holloway, Applicant Project No.: 18108.000 Staub Variance Nancy Staub, Owner From: Evan Monson, Planner Routing: Date: April 15, 2021 SUBJECT: Variance for an alteration/remodel of a non-conforming structure exceeding 50% of value MEETING DATE: April 20, 2021 LOCATION: 16970 197th St N, PID 30.032.19.13.0003 APPLICANT: Mark Holloway - Terra Firma Building + Remodeling OWNER: Nancy Staub ZONING: Agriculture Core (AG C), St Croix River Overlay REVIEW PERIOD: May 11, 2021, 120-day July 10, 2021 ITEMS REVIEWED: Application and plans received March 12, 2021 DESCRIPTION OF THE REQUEST: The applicant is looking to perform a remodel to an existing house. The house is located on a small lot along the St Croix River. The house is old, and as a result does not conform to the setbacks required under the current regulations. The scope of work for the proposed house remodel involves no exterior additions; the work would be interior or within the structure. Even though it is interior, with the project exceeding more than 50% of the value of the current house a variance is required. Staub Variance Staff Report April 20, 2021 Scandia City Council Page 2 PROPERTY INFORMATION Parcel description: 16970 197th Street North is located near St Croix Trail North along the river. It is technically not abutting a road, as another parcel (PID 3003219130041) also under the same ownership is between it and the road. The parcel is approximately 0.62 acres in size, the other parcel is 0.65 acres in size. The parcel has a number of trees, with some slopes near the shore of the river. The house is nearly one hundred years old. Zoning: AG C, St Croix River Overlay Land use: single-family residential Figure 1: Aerial of site and surrounding properties Staub Variance Staff Report April 20, 2021 Scandia City Council Page 3 EVALUATION OF VARIANCE REQUEST Applicant’s Explanation of the Plan and Variance Request “Variance is requested because the value of the proposed renovation exceeds 50% of the dwelling value. The value of the proposed work is $87,000. The scope of work includes an interior renovation to the existing space in which the kitchen is remodeled, a bathroom is added, and miscellaneous floor and wall finishes are updated. The owner is willing to combine lots/parcels to make the total lot more conforming.” Staff Comments on the Variance Request Engineer The City Engineer did not have any comments on this request. Watershed There was no comments from the watershed on this project. DNR The East Metro Area Hydrologist did not have any issues with the request. Development Code: The Development Code notes in Chapter One, Section 13.3(1) that a lawful nonconforming structure which 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. Since this interior remodel would not result in moving the house out of the required setbacks from the river, and the project exceeds 50% of the value, a variance is necessary. The lot is within the AG C district, as well as the St Croix River overlay district. The AG C district requires a front setback of 40 feet, and side setbacks of 20 feet. Scandia has adopted Chapter 5 of the Washington County Development Code for the standards of the St Croix River overlay. The overlay district requires a 100 foot setback from the ordinary high water level (OHWL) of the river, as well as a 40 foot setback from blufflines. The applicant indicated in their application they would be willing to combine lots in order to reduce nonconforming issues. It is not necessary that this lot be combined with other parcels also under same ownership in order to approve the variance, though it could surely benefit the owner and help reduce nonconformity issues in the future. Combining the parcel with the house with the adjacent parcel would result in a new parcel just under 1.3 acres in size. While that would still be below the minimum lot size, the house would be able to meet the front setback from the ROW. Staub Variance Staff Report April 20, 2021 Scandia City Council Page 4 Variance Criteria 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 on the following pages 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 proposed house is not meeting current setbacks and is nonconforming, which is why a variance is was required for this project. The remodel of an existing house would not be out of line with the Comprehensive Plan. The request is 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). The current use of the property is single-family residential, which would not change if this variance request is approved. The property is in the AG C and St Croix River overlay zoning districts, which permit single-family residential use. Proposing to continue to use the property for residential use is a reasonable use.  The practical difficulties are not caused by the landowner and are unique to the property. The practical difficulties are due to the house being nonconforming and not meeting the minimum setbacks required. The lot itself also does not meet the minimum lot size, or buildable area (1 acre) requirements of the underlying zoning district and the overlay. The nonconformities were not created by the landowner. This lot was legally created long before the current regulations were adopted, as was the house. The practical difficulties of the lot 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 proposed variance would be for an interior alteration, which would not be impacting the character of the area. The use and function of the property would be residential, as is the use of other nearby lots in 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 existing structure not meeting the current setbacks required by 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. Staub Variance Staff Report April 20, 2021 Scandia City Council Page 5 Granting the requested variances would not result in limiting light or air to neighboring properties. The land use will still 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, 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. It does not appear there is a ‘more minimal’ action that could be taken to eliminate the difficulty of the house not meeting setbacks. The proposed alterations are interior in nature. Since these interior renovations would not result in adding more house into a required setback area, and the lot is already substandard in size, it would not be reasonable to require moving the structure outside of setback areas. The requested variance 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 a variance for an alteration/remodel of a non-conforming structure exceeding 50% of value. Staub Variance Staff Report April 20, 2021 Scandia City Council Page 6 ACTION REQUESTED 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 RECOMMENDATION The Planning Commission recommended approval of an interior alteration/remodel of a non- conforming house exceeding 50% of value at 16970 197th Street North. The following conditions for the variances were recommended by the Commission: 1. The applicant shall secure any other applicable Federal, State, County, and local permits required for the project. 2. The property owner shall combine any contiguous parcels under their ownership together. 3. The applicant shall pay all fees and escrows associated with this application.