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08.b1b CC Staff Report Nora 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: Nora Variance Application Copies To: Brenda Eklund, Clerk Ken Cammilleri, City Administrator Peter Nora, Applicant Project No.: 18108.000 Nora Variance From: Evan Monson, Planner Routing: Date: December 8, 2021 SUBJECT: Variance to construct a detached accessory structure at a setback of 8.8 feet from the north side property line MEETING DATE: December 21, 2021 LOCATION: 12140 Lakamaga Trail North, PID 29.03.22.04.1004 APPLICANT: Peter & Martin Nora OWNERS: Nora Properties LLC ZONING: General Rural (GR), Shoreland Overlay REVIEW PERIOD: January 10, 2022, (30 day DNR review period ended November 11) ITEMS REVIEWED: Application and plans received October 12, 2021 DESCRIPTION OF THE REQUEST The owners of the property are looking to replace an existing detached accessory structure on their property on Lakamaga Trail. The proposed structure would be 960 SF in size, and 8.8 feet from the north property line at its nearest point. If the request is approved and the building is constructed, the property would have an impervious surface coverage of 23.7% The property currently has only one accessory building on the site; the new proposed structure would be in a similar location. The existing structure is also setback 8.8 feet from the north property line, so the proposed new accessory structure would be no closer to the property line. The Development Code outlines the minimum setbacks required from side property lines. In the General Rural (GR) zoning district, the minimum side setback is 20 feet. Since the proposed structure is only 8.8 from the property line, a variance of 11.2 is being requested. The Planning Commission reviewed the request at their December 7th meeting. The Commission concurred with staff findings, and recommended approval of the request, with conditions. Nora Variance Staff Report December 21, 2021 Scandia City Council Page 2 PROPERTY INFORMATION Parcel description: 12141 Lakamaga Trail North is located along Big Marine Lake, to the west of the intersection of Maxwill Avenue and Lakamaga Trail. The parcel is approximately 1.07 in size, which makes it nonconforming to the minimum lot sizes required in the applicable zoning districts. The lot is long and narrow; its depth is 600 feet while being only 75 feet wide . The lot, due to the angle of the road, has approximately 91.5 feet of frontage. The lot has a house on the west end, and the existing detached accessory structure on it. The current impervious surfaces total 10,544 SF, or 22.9% of the lot. Zoning: GR, Shoreland Overlay Land use: Single-Family Residential 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:  Grading plan shall be submitted that includes grading limits/elevations that doesn’t negatively impact the adjacent properties from direct drainage off of the site. Drainage needs to either be directed down the side lot lines or to street right-of-way.  Site work shall be within compliance of the Watershed District. Watershed The Carnelian Marine St Croix W atershed District did not provide comments at the time of this staff report. DNR The East Metro Area Hydrologist did not provide comments at the time of this staff report. Development Code Chapter Two of the Development Code notes the requirements for lots within the GR zoning district in Section 2.6. The minimum lot size in the GR zone is two acres, with one acre of buildable area. The minimum frontage for a lot in the GR zone is 160 feet if less than 3 acres in size. The applicant’s property is nonconforming to the minimum size and width requirements, which leaves the applicant with a limited amount of space to use without encroaching into any setbacks. The minimum required setback is 20 fe et for structures from the side property lines; since the north property line is a side line, the minimum setback is 20 feet. The maximum impervious surface coverage is 25% for a property in the Shoreland Overlay. The lot would remain below 25%, if the proposed request is approved. Chapter Two, Section 3.2 of the Development Code notes the requirements for accessory structures. The section notes that typically an accessory structure that is detached is to be to the side or rear of the principal structure on the site. Section 3.2(2)(B)(1) allows a detached structure to be closer to the road than the principal structure if the property is a lakeshore lot, and the structure meets setbacks. The lot is along a lakeshore, though the setback of 20 feet from the side line is not met, hence the need for a Nora Variance Staff Report December 21, 2021 Scandia City Council Page 3 variance. 3.2(3) has the table outlining the number of and permitted sizes for accessory structures on a parcel; the proposed structure would be within what is permitted. 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 does not discuss accessory structures in detail. The Development Code lists requirements for accessory structures in residential areas. As a lakeshore lot, an accessory structure is permitted to be placed between the right-of-way and the principal structure if setbacks are met; a variance is necessary to be within a setback. The proposed structure would occupy a similar location as the existing accessory structure on the site, and would be no closer to the north property line. By not encroaching past the setback of the existing accessory structure, the proposed request appears to be 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 residential, which would not change if this variance request is approved. The proposed accessory structure would be replacing an existing accessory structure on the site. 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 narrow width and nonconforming size of the lot limiting the amount of space located outside of setbacks. The proposed structure would occupy a similar location as the existing accessory structure on the site, and would be no closer to the north property line. While nonconforming lots are not uncommon in this area of town, 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 placing the structure at the same setback and a similar location as the structure it is replacing; apart from being new it would not be much different than the current layout of the site. Other narrow lots along Lakamaga Trail on the lake also have structures close to side property lines. 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 limited amount of land located outside of required setbacks. The practical difficulties are not only economic in nature. Nora Variance Staff Report December 21, 2021 Scandia City Council Page 4  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 pro perties. 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 practic al difficulty. The narrow shape of the lot limits the amount of land not within a setback . The existing structure is currently setback 8.8 feet from the north property line; the proposed structure would have the same 8.8 foot setback . There is potential space to shift the structure further from the north property line, though the location of a turf infiltration basin and the driveway would limit how much the structure could be moved. 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 findings support granting the requested variance to setback requirements. 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 Nora Variance Staff Report December 21, 2021 Scandia City Council Page 5 RECOMMENDATION The Planning Commission recommended approval of an 11.2 foot variance to permit a detached accessory structure at a setback of 8.8 feet from the north side property line , at 12140 Lakamaga Trail North. The following conditions for the variance are recommended: 1. The proposed detached garage shall have a minimum setback of 8.8 feet from the north side property, as shown on the site plan submitted to the city and reviewed with this request . 2. The applicant shall secure any applicable permits from the 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 and locations of any trees to be removed or added, in order to ensure that drainage is not directed to adjacent properties and proper erosion control measures are taken. Plans should include grading limits/elevations that don’t negatively impact the adjacent properties from direct drainage off of the site. Drainage will need to either be directed down the side lot lines or to street right-of- way. 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.