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6.b PC Staff report Sandstrom 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 Planning Commission Reference: Sandstrom Variance Application Copies To: Brenda Eklund, Clerk Ken Cammilleri, City Administrator Chris and Erica Sandstrom, Applicants Project No.: 18108.000 Sandstrom Variance From: Evan Monson, Planner Routing: Date: October 26, 2021 SUBJECT: Variance to construct an addition 5 feet from the north side property line MEETING DATE: November 2, 2021 LOCATION: 12959 Mayberry Trail North, PID 21.032.20.42.0003 APPLICANT/OWNERS: Chris and Erica Sandstrom ZONING: General Rural (GR), Shoreland Overlay ITEMS REVIEWED: Application and plans received July 7, 2021, revised plans received October 25, 2021 DESCRIPTION OF THE REQUEST The owners of the property are looking to add onto their house currently located on their property. The proposed plan is to have the proposed addition be placed off the northeast side of the house, totaling 2,592 square feet (SF) in size. The proposed addition would be five (5) feet from the north side property line at the nearest point; the addition would be 18.7 feet away from the property line at the furthest point as the house is not parallel with the property line. The parcel currently has an ingress and egress easement with the parcel to the north for a shared driveway; a detached accessory structure of the neighbor’s is located north of the shared driveway. The proposed addition would be 2,592 SF of space. Chapter Two of the Development Code permits 3,500 SF of space for parcels greater than 10 acres but less than 20 acres in size; so the entire addition could be utilized as accessory space if so desired. The applicants are proposing to use some of the addition for an attached garage, and the rest as a recreation room and entryway. A future addition of an internal accessory dwelling unit (ADU) is also shown on the applicant’s plans to the west of the proposed addition; an ADU would require an Administrative Permit. The minimum side setback required in the Development Code is 20 feet. The proposed setback of the addition being less than 20 feet would require a variance. Sandstrom Variance Staff Report November 2, 2021 Scandia Planning Commission Page 2 PROPERTY INFORMATION Parcel description: 12959 Mayberry Trail North is located on the east side of Fish Lake, by the intersection of 205th Street North and Mayberry Trail. The parcel is approximately 13.36 acres in size, which meets the minimum size required for the GR and Shoreland Overlay districts. The property has a shared access with the adjacent property to the north. The lot has a house and an attached garage currently, with the garage being 624 SF in size per Washington County records. A well is located west of the house, and a septic system is south of the house. The portions of the lot west of the house slope towards the lake, while the rest of the lot is more flat with some smaller slopes in spots. Zoning: GR, Shoreland Overlay Land use: Agriculture, Single-Family Residential EVALUATION OF VARIANCE REQUEST Applicant’s Explanation of the Plan and Variance Request See attached narrative from applicant. There are a number of non-zoning issues and statements included in the narrative. City staff has been unable to verify all the statements, though the statements suggest there’s a history of conflict between the neighbors to the north and the applicant. Staff Comments on the Variance Request Engineer The City Engineer provided the following comments regarding the request:  If approved, a grading plan shall be submitted that includes the low floor elevation of the adjacent building to the north to review building expansion doesn’t negatively impact that property related to drainage. Low floor elevation/low floor opening elevation shall be identified on proposed addition as well.  Site work shall be within compliance of the Watershed District. Watershed The Carnelian Marine St Croix Watershed District noted the following rules would apply for the proposed project.  Rule 2 Stormwater Management – The amount of land disturbance is ≥5,000 square feet with creation of impervious surface, which triggers District Rule 2.2.(c). Proposed project includes a 2,460+/- SF building addition to an existing home. This site was permitted under CMSCWD Permit 20-012 for an 11,000+/- SF gravel driveway. The proposed addition is overtop existing gravel, walks, and part of the existing home. Compliance with the District’s Small Residential Stormwater Worksheet is required. A summary of existing and proposed impervious surfaces areas, including any new gravel for driveway realignment (currently not identified) is required for determination of District stormwater management requirements. Onsite soils are HSG C or B/D, so filtration is the likely best method for stormwater management. Details for routing of stormwater runoff new impervious surfaces will be required. Also, a declaration for maintenance of stormwater management facilities will also be required for permit issuance.  Rule 3 Erosion Control – An erosion and sediment control plan will be required including silt fence down grade of all disturbed areas, revegetation specifications and a construction implementation schedule. Sandstrom Variance Staff Report November 2, 2021 Scandia Planning Commission Page 3  Rule 4 Buffers – Not applicable since the proposed variance from Scandia ordinances for the side yard setback. The addition is further from Fish Lake (and more than 200-LF from the OHWL).  Rule 5 Shoreline Alteration – It does not appear that shoreline alteration is proposed. If it is, this rule would be triggered and the District will provide additional guidance on bioengineered shoreline stabilization.  Rule 7 Floodplain and Drainage Alterations – The proposed addition is well above the 100-year elevation of Fish Lake. Low floor freeboard requirements will be assessed upon identification of proposed stormwater BMP(s). DNR The East Metro Area Hydrologist did not provide comments at the time of this staff report. Development Code The proposed addition would be 5 feet from the north side property line; the minimum setback required is 20 feet. The existing house and attached garage already meets the minimum setback. The lot is exceeding the minimum size (2 acres in GR, 2.5 in the Shoreland) and buildable area (1 acre) requirements. The septic system of the lot is south of the house, so a potential addition in this area would require moving the septic system. Without moving the system, the lot still has other areas that could be built on. While these areas may not result in an addition that matches perfectly with the current design or aesthetics of the house, or may result in a detached garage instead of an attached, they would not require variances. The proposed addition could also be reduced in size, and/or shifted further south, and could avoid or greatly reduce the encroachment into the north side yard setback. Figure 1: Proposed Site Plan from survey Sandstrom Variance Staff Report November 2, 2021 Scandia Planning Commission 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 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 does not discuss side setbacks in rural zoning districts. The proposed project is for an addition onto an existing house, a permitted use, though the requested setback would be smaller than the minimum. The lot, being conforming in size and buildable area, could accommodate additions elsewhere without the need of a variance. The request appears to be in general harmony with the Comprehensive Plan, but may not be in harmony with the general purpose and intent of the 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 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 identified by the applicant are the locations of the existing house in relation to the side setback line, and the locations of the gas line and septic system. Even with this, the large size of the property still results in buildable area being available elsewhere on the lot. While additions on other locations would possibly not be as aesthetically appealing, or in the case of accessory space may have to be detached from the house, they are options that exist and would be permitted by the ordinance without a variance. It would be difficult to accept that the difficulties of the lot 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 addition would be closer to the side property line than other properties nearby and would be noticeable to the neighbor to the north, though it would be difficult to view the addition from the right-of-way given existing vegetation along Mayberry Trail. Granting the variance could alter the essential character of the area, though the Planning Commission could add conditions to ensure the request does not alter the essential character of the area.  Economic conditions alone shall not constitute practical difficulties. The practical difficulties are related to the locations of existing structures. 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 variance would not result in limiting light or air to neighboring properties. The land use will not change, so increases to congestion, or public safety are not expected. While the proposed addition would be close to the neighboring parcel, it would not be close to existing structures and should not increase the danger of fire. The property values of neighboring property Sandstrom Variance Staff Report November 2, 2021 Scandia Planning Commission Page 5 is not anticipated to 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. The existing house, while close to the north side setback, is conforming to setback requirements. The proposed encroachment would result in a side setback of 5 feet at the nearest point, and 18.7 feet at the furthest point. The property is conforming to minimum size and buildable area requirements. The property could accommodate additions, or even a detached garage, in other locations without requiring a variance be issued. The requested variance for a minimum setback of 5 feet is not the minimum action required to eliminate the practical difficulties of the lot.  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 do not support granting the requested variance to the side setback requirements. 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 RECOMMENDATION The Planner recommends that the Planning Commission recommend denial of a 15 foot variance to construct an addition setback five feet from the north side property line, at 12959 Mayberry Trail North.