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08.b2b Staff Report Kenning-Furey 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: Kenning-Furey Variance Application Copies To: Brenda Eklund, Clerk Ken Cammilleri, City Administrator Alissa Pier, Applicant Project No.: 18108.000 Kenning-Furey Variance From: Evan Monson, Planner Routing: Date: August 10, 2021 SUBJECT: Variance to construct a deck within required setback areas from the ordinary high water level (OHWL) of Bone Lake MEETING DATE: August 17, 2021 LOCATION: 23375 Lofton Avenue North, PID 05.032.20.42.0008 APPLICANT: Alissa Pier OWNERS: Tom Furey and Mary Kenning ZONING: General Rural (GR), Shoreland Overlay REVIEW PERIOD: September 24, 2021, (30 day DNR review period ended August 1st) ITEMS REVIEWED: Application and plans received July 2, 2021 DESCRIPTION OF THE REQUEST The owners of the property are looking to replace an existing deck and patio on the northeast side of their house, facing Bone Lake. The proposed project would result in a deck that is approximately 368 square feet in size, along with some new steps connecting the deck to existing areas and the ground level . The proposed deck would be 29’1/4” from the ordinary high water level (OHWL) of the lake. The house currently has a deck on the northeast side of the house, with the closest setback from the OHWL being approximately 33.2 feet. A patio next to the deck is 32’10” from the OHWL. Two retaining walls are located between the house and the shoreline, with the retaining wall closest to the house being 27’8” from the OHWL. The house itself is 44.3 feet from the OHWL at its closest point, per the submitted survey. The proposed improvements would extend no closer than the retaining wall closest to the house. The proposed improvements would bring the impervious surface coverage of the lot up to 21.25%. The Shoreland Management Regulations classify Bone Lake as a ‘Recreational Lake’, which requires a 100 foot setback for structures from the OHWL. The lot, being under half an acre in size, is nearly completely within the required setback from the lake. Kenning-Furey Variance Staff Report August 17, 2021 Scandia City Council Page 2 PROPERTY INFORMATION Parcel description: 23375 Lofton Avenue North is located between Lofton Avenue and Bone Lake, on the north side of the city. The parcel is approximately 17,317 SF in size, which makes it nonconforming to the minimum lot sizes required in the applicable zoning districts. The depth of the lot ranges from 99 feet on the north side, to 181 feet on the south side. The lot has a house, a couple sheds, and some decks and patio pavers existing. The impervious surfaces total 3,560 SF, or 20.56% of the lot. Zoning: GR, Shoreland Overlay Land use: Single-Family Residential Figure 1: Existing, with footprints shown in square feet of existing items to be replaced/altered Kenning-Furey Variance Staff Report August 17, 2021 Scandia City Council Page 3 Figure 2 Above: Proposed with footprints shown in square feet. Figure 3 Below: Proposed & existing overlaid. Kenning-Furey Variance Staff Report August 17, 2021 Scandia City Council Page 4 EVALUATION OF VARIANCE REQUEST Applicant’s Explanation of the Plan and Variance Request See attached narrative from applicant. Staff Comments on the Variance Request Engineer The City Engineer provided the following comments regarding the request:  A grading permit application would be required  Work shall be within compliance of the Watershed District/DNR  Existing tree canopy disturbance shall be discussed Watershed The Comfort Lake Forest Lake W atershed District noted that a permit would not be required from them for the proposed project. DNR The East Metro Area Hydrologist did not provide comments at the time of this staff report. Development Code The Shoreland Management requirements of the Development Code note in Section 6.4 that a 100 foot setback is required for structures from the OHWL of ‘Recreational Development’ lakes. The current house and deck are both within the required setback from the lake, as are two retaining walls. There are some existing stairs and patio pavers, and a raised garden near the existing deck that would be replaced as part of the project as well. The lot as a whole has 20.56% of the lot as impervious surface, with the proposed changes bringing it up to 21.25%. The maximum impervious surface coverage is 25%. Existing Size (in square feet or SF) North stairs 36 SF Patio 80 SF Deck 138 SF Raised garden 41 SF South patio 9 SF South stairs 3 SF Total 307 SF Proposed North stairs 43 SF North side stairs off Deck 17 SF Deck 368 SF South stairs 7 SF Total 435 SF Table 1: Existing versus Proposed Kenning-Furey Variance Staff Report August 17, 2021 Scandia City Council Page 5 The proposed plan would replace the garden with stairs going north off of the new deck. The new deck would occupy most of the space previously occupied by the patio and old deck. The new deck would have a setback of 29’1/4” from the OHWL, an encroachment of about four feet towards the lake compared to the current deck. The applicant is proposing to add new landscaping onto the site, so as to help reduce/camouflage the view of the deck from the lake. During review at the Planning Commission meeting, the Commission felt the size proposed could meet criteria, though the increased intrusion into the setback did not meet the criteria. Instead of extending out to 29’1/4”, the Commission felt the minimum action would be 32’10”. 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 Planning Commission’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 deck, while encroaching closer to the lake than the existing, would be no closer than the existing patio located 32’10” from the OHWL of the lake. The deck would be designed to better blend in with existing and proposed vegetation so as to improve the viewshed of the shoreline from the lake.  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 residential, which would not change if this variance request is approved. 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 most of the parcel being located within the required setback from the lake. The existing house and deck are both located within the required setback from the lake; the property received variances in the past to build to the current extent, though these were issued prior to the current owner acquiring the property. While nonconforming lots are not very uncommon, the subject property is uniquely limited in the amount of buildable space it has. The practical difficulties were not caused by the current landowner and are unique to the property.  The variances would not alter the essential character of the area. The use and function of the property would remain as it is currently. The applicant proposes adding landscaping to screen the deck from view from the lake . Granting the variances would not alter the essential character of the area.  Economic conditions alone shall not constitute practical difficulties. The practical difficulties are related to the limited amount of land located outside of required setbacks. The practical difficulties are not only economic in nature. Kenning-Furey Variance Staff Report August 17, 2021 Scandia City Council Page 6  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 variance would not result in limiting light or air to neighboring properties. The land use will not change, so increases to congestion, fire danger, or public safety are not expected. The property values of neighboring values should not be negatively impacted, either, if the request is granted. The requested variance 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. Most of the property is located within the required 100 foot setback from the lak e, hence the need for a variance. The existing deck is 33.2 feet from the OHWL, while the existing patio setback is 32 feet 10 inches. The minimal request would be to not extend closer to the lake than the existing patio, unlike the requested setback of 29 feet ¼ inches. The impervious surface coverage would change by just over 120 square feet, though the lot would still remain under the impervious surface threshold. The requested variance appears to be the minimum action required to eliminate the practical difficulty of the lot lacking space outside of required setbacks. Conditions can be added to ensure it is 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 Commission’s findings support granting a variance to setback requirements for a setback of 32’10”. The requested setback was 29’ ¼”. 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 Kenning-Furey Variance Staff Report August 17, 2021 Scandia City Council Page 7 RECOMMENDATION The Planning Commission recommended approval of a variance to add onto an existing deck up to a distance of 32’10” from the OHWL; a variance of 68’2” from the required 100’ setback from Bone Lake, at 23375 Lofton Avenue North. The following conditions for the variances are recommended: 1. The proposed improvements shall have a minimum setback of 32 feet, 10 inches from the OHWL of Bone Lake. 2. The applicant shall secure any applicable permits from the Watershed District, and comply with their requirements. 3. Grading plans, landscaping plans, and erosion control plans shall be submitted to the City for review prior to issuance of a building permit, showing any areas of soil disruption and locations of any trees to be removed and proposed landscaping, in order to ensure that drainage is not directed to adjacent properties and proper erosion control measures are taken. 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.