Loading...
08.b2b Staff Report Potter 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: Potter Variance Application Copies To: Brenda Eklund, Clerk Ken Cammilleri, City Administrator Dan Potter, Applicant Project No.: 18108.000 Potter Variance From: Evan Monson, Planner Routing: Date: June 4, 2021 SUBJECT: Variance to construct a deck within the east side yard and lakeside setback MEETING DATE: June 15, 2021 LOCATION: 13260 182nd St N, PID 33.032.20.44.0004 APPLICANT/OWNER: Dan Potter ZONING: General Rural (GR), Shoreland Overlay REVIEW PERIOD: May 14, 2021, 120-day July 13, 2021 ITEMS REVIEWED: Application and plans received March 15, 2021, revised plans received May 26, 2021 DESCRIPTION OF THE REQUEST: The applicant is looking to make some changes to their existing property located on the south side of the city along Big Marine Lake. The proposed changes reviewed at the May Planning Commission meeting included a new septic system, a new detached garage, and adding onto an existi ng deck located on the northeast corner of the house. The Planning Commission tabled the requests relating to the deck, the garage, and the impervious coverage of the lot. The requested setback for the septic was recommended for approval, and approved by the Council at the May 18th meeting. The applicant has since rescinded their requested variances regarding the impervious coverage and the detached accessory structure. The proposed plans now only consist of the addition onto the existing deck on the northeast side of the house. The existing house and its deck do not meeting minimum setbacks from the east side property line or the ordinary high water level (OHWL) of the lake, so they are nonconforming. Since this proposed addition would encroach further into the east side and lake setback, variances would be needed. Potter Variance Staff Report June 15, 2021 Scandia City Council Page 2 PROPERTY INFORMATION Parcel description: 13260 182nd Street North is located on the south side of the city along the Big Marine Lake. The parcel has 19,632 square feet of land located above the ordinary high water level (OHWL), which makes it nonconforming to the minimum lot sizes required in the applicable zoning districts. The lot slopes down towards the river from the right-of-way. An existing house, not meeting the lake or east side setbacks, is currently located on the site. Zoning: GR, Shoreland Overlay Land use: Single-Family Residential EVALUATION OF VARIANCE REQUEST Applicant’s Explanation of the Plan and Variance Requests “In consideration of the feedback received f rom the review of our variance request at the May 4th Planning Commission mtg., we wish to exclude the proposed garage and associated garage driveway portions of our Variance application at this time. This will leave only the emergency egress staircase w/ associated deck addition for review at the next Planning Commission/ City Council meetings. Summary of request from application letter: “We wish to add a staircase with a small addition to an existing deck at the rear of the house to provide for an emergency egress/exit and area for a grill/table off the kitchen of the house. Currently the only entrance/exit on the main floor of the house is the front entrance on the south side at grade level. This exit is also near the inside staircase to the lower level of the house. Due to the steep slope of the property a staircase would be required off of the main floor on the north side of the house to get to grade level. There is a currently an exterior door and small deck at the NE corner of the house that would b e utilized to provide a second exit from the upper level in case of an emergency.” We would appreciate your approval of our application as amended.” Staff Comments on the Variance Request Engineer The City Engineer provided the following comments on this request:  Proposed deck being located less than 4 feet from property line could create drainage issues onto adjacent property and or liability issues. Information provided is hard to review specific area and a site visit shall be completed by the Planning Commission to review closer.  Site improvements shall be within compliance of the Watershed District. Stormwater management improvements shall be anticipated as conditions of approval for their permit.  If the proposed project will disturb fifty (50) cubic yards or more and/or disturbance of 600 square feet or more, 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. Potter Variance Staff Report June 15, 2021 Scandia City Council Page 3 Watershed The CMSCWD noted the following would need to be done in order for a watershed permit to be issued:  Stormwater management - A stormwater management plan with BMPs. This can be incorporated from the conversation we had about raingardens and the potential placement of a raingarden. The BMPs should be sized based on the total impervious like we previously discussed. The stormwater management plan should include how stormwater will be routed to the BMPs and how the BMPs will be constructed. I’ve attached the CMSCWD’s guidance document for raingarden construction in case that is helpful, as we’ve discussed that as an option for you previously.  Erosion and sediment control - An erosion and sediment control plan for construction on the site. This includes: silt fence, bio logs, a rock construction entrance, protection of BMPs, revegetation plans for disturbed areas (usually grass seed or sod), and the construction sequence.  Marking of the lake buffer (approximately 29 ft.).  Submittal of additional permit application fee ($250) to cover buffer requirements.  Confirmation of approval of variance request from City of Scandia.  A draft Declaration for Maintenance of Stormwater Facilities (not signed or notarized).  A draft Buffer Declaration. DNR The East Metro Area Hydrologist did not have any comments at the time of this staff report. Development Code The Development Code notes in Chapter Two, Section 2.6 the setbacks for the General Rural (GR) zoning district. The side setbacks are 20 feet, while the front setback is 40 feet. The Shoreland Management Regulations, Chapter Five of the Development Code, note the setback from the OHWL of a ‘recreational development’ lake is 100 feet. The existing house is within the 100 foot lake setback and the east side setback, meaning a variance is necessary for the proposed addition to the existing deck to encroach further into each. The house is currently 58.7 feet from the OHWL; the additions to the deck would be at a minimum 50.2 feet from the OHWL. The house currently sits just over 8 feet from the east side property line; the steps would at a minimum be 3.3 feet from the east side property line. The Shoreland Management Regulations limit the impervious surface coverage of lots in the Shoreland Overlay to 25% of the lot. Currently, the lot is at 23.3%; the proposed improvements would bring the lot to an impervious surface coverage just over 24%. The small size of the lot (19,632 square feet) means any additions or improvements with an impervious surface add up quickly. Proposed Size (in square feet) Deck 200 Total proposed 200 Existing Impervious surfaces 4,565 Proposed + Existing 4,765 Lot Size 19,632 % Impervious Surface 4,765/19,632 – 24.3% Without the previously requested items, adding the proposed deck still keeps the lot below the 25% threshold. Potter Variance Staff Report June 15, 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 below in italics, followed by the 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. Due to its existing location, any additions to the deck will require a variance. Conditions for approval should be considered to meet the Comprehensive Plan land use objective of ‘conducting development in a manner that is sensitive to the impact upon natural features and to environmental constraints, including but not limited to scenic views, surface water, wetlands, slopes, woodlands, vegetation, drainage ways, shorelands, and flood plain areas’. Conditions of approval can be added to ensure 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 these variance requests are approved. The property is in the GR and Shoreland 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 lot and house being nonconforming. The lot itself does not meet the minimum lot size, or buildable area (1 acre) requirements of the und erlying zoning district and the overlay. These nonconformities were not created by the landowner. This lot was legally created long before current regulations were adopted, as was the existing 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 variances would be for an addition to an existing deck. The use and function of the property would remain residential, as is the use of other nearby lots in the area. The additions to the existing deck on the house are small. Due to the existing location, any such changes will be located within a setback area. It is unlikely the proposed additions would alter the character of the neighborhood. The proposed addition to the deck 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, and the existing lot being nonconforming. 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 still be single-family residential, so increases to congestion, fire danger, or Potter Variance Staff Report June 15, 2021 Scandia City Council Page 5 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 existing deck and house are nonconforming to current setback requirements, which result in any addition to the deck needing a variance. The proposed addition of the deck to extend out and have stairs is not a large addition. A reduced intrusion into the lake setback could be made, though any other locations for stairs off the deck would likely trade an intrusion into the side setback for a further intrusion into the lake setback. The requested variances for the addition onto the existing deck appear to be the minimum actions required.  Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. The variances are not related to a need for direct sunlight for solar energy systems. The findings from the Planning Commission support granting the variance requests. ACTION REQUESTED The City Council can do one of the following: 1. Approve 2. Approve with conditions 3. Deny with findings 4. Table the request RECOMMENDATION The Planning Commission recommended to approve the variance requests, with the following conditions of approval for the variances recommended: 1. The proposed additions to the deck shall follow the dimensions and setbacks indicated on the survey and plans reviewed with 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 proper erosion control measures are taken. 4. Documentation from Washington County approving a new septic system shall be turned into 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.