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08.b 2 2021.12.21 - Bruggeman Variance CC Resolution - Approve CITY OF SCANDIA, MINNESOTA CC RESOLUTION NO. 2021-54 APPROVE VARIANCES FOR PARCELS 29.032.20.32.0011 AND 29.032.20.32.0010 LOCATED AT 19489 MANNING TRAIL NORTH WHEREAS, Paul Bruggeman, on behalf of the owners Pat and Brenda Melchior, has made an application for variances from lot size and road frontage requirements for construction of a single-family dwelling on a non-conforming lot; and, a 29.4 foot variance from the 75 foot wetland setback, a 22.3 foot variance from the 100 foot setback from Big Marine Lake, and a 5.2 foot variance from the 20 foot side yard setback in order to build an Accessory Dwelling Unit on property identified as 19489 Manning Trail North; and WHEREAS, the property is legally described as follows: See Attachment A; and WHEREAS, the Planning Commission reviewed the request for variances at a duly noticed Public Hearing on December 7, 2021, and recommended that the City Council approve the variances; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does approve the requested variances, based on the following findings: The Comprehensive Plan has goals relating to land use and housing within the city. The plan supports allowing for ‘a variety of housing types and densities for residential uses’. The property is within a zoning district that permits single-family residential use, and therefore the request is in harmony with the Comprehensive Plan and Development Code. The property is within the General Rural (GR) zoning district, which permits single-family residences. Proposing to use the property for residential use is a reasonable use. The property does not front a public street, but does have access through a private driveway. Use of the private drive for access is reasonable provided conditions are added to ensure compliance with the official controls. The practical difficulties are due to the parcel not meeting the minimum size, not fronting a public street, and the existing structures on-site being built prior to the current ordinances. While lots not conforming to lot size aren’t uncommon near Big Marine Lake, the subject property is unique in having been developed without frontage onto a public road. The Development Code currently prohibits private streets; under the current requirements for a subdivision a lot would not be able to be platted without frontage onto a public street. The practical difficulties were not caused by the current landowner and are unique to the property. While the seasonal use of the property would become year-round as proposed, the property would remain residential in nature, which is s permitted use within this zoning district. Granting the variances would not alter the essential character of the area. The practical difficulties are related to the parcel not meeting the minimum lot size, not fronting a public street, and the existing structures on-site being built prior to the current ordinances. The applicant could alleviate the frontage issue by upgrading the access drive to the same standards and design of a public street, though the potential environmental impacts of such work would be high. The practical difficulties are not only economic in nature. Granting the requested variance would not result in limiting light or air to neighboring properties. The land use would be changing to a year-round residence, which given the access is through a private driveway in lieu of an improved public street, could result in congestion and safety issues accessing the site. The applicant would need to adhere to conditions from the city to ensure the driveway provides sufficient access to the property and allows for emergency vehicles to access the property. The property values of neighboring values should not be negatively impacted, if the request is granted. The requested variance will not impair the supply of light or air to adjacent properties, or substantially diminish or impair property values in the neighborhood. Conditions should be added to alleviate issues with safety and accessibility to the site. The existing cabin is proposed to be used as an ADU is within setbacks of the lake, wetlands, and the side property line, hence the need for a variance. The slopes on the lot and proposed location of the single-family house greatly limit areas the areas that would not require any setback variance for the ADU. The lot, while nonconforming to lot size, does exceed 66% of the dimensional standard for lot size, and provides suitable locations for septic on the site. Apart from frontage onto a public road, the lot would meet the requirements of Section 13.5 of Chapter One of the Development Code. The requested variance to the setbacks for the ADU and the minimum lot size are the minimum action required to eliminate the practical difficulties of the site. The lack of fronting a public road would be the minimum action if conditions of approval are met. FURTHER BE IT RESOLVED that the applicant shall meet the following conditions of approval for the variances: The proposed project shall adhere to the setbacks and locations as shown on the site plan submitted to the city and reviewed with this request. The applicant shall apply for and acquire a permit from the city for the Accessory Dwelling Unit upon approval of the variance request. The applicant shall secure any applicable permits from the Watershed District, and comply with their requirements. The applicant shall secure any applicable permits from the County for the proposed septic system on-site, and shall comply with their requirements. The two parcels (PIDs 29.032.20.32.0011 and 29.032.20.32.0010) shall be combined into one parcel via a Lot Line Adjustment. The driveway access to the site shall follow recommendations from the Fire Department and City Engineer to ensure sufficient ingress and egress to the site. Requirements specified by the Fire Chief are: The entire length of the driveway would need to be cleared of brush and trees to a width of 14 feet. Any curves will need to accommodate a 40 foot fire truck. Driving surfaces will need to be 12 feet wide at minimum, with exception of the wetland area where the driveway width shall not exceed the width of existing conditions. A turnaround will need to be located within close proximity to the new home. Portions of the driveway will need to be raised with rock and gravel to improve year-round use. 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. The new residence shall follow proper posting and signing of the site address, as required by city ordinances. The applicant shall secure any other applicable Federal, State, County, and local permits required for the project. The applicant shall pay all fees and escrows associated with this application and all costs associated with the necessary improvements to the private driveway. Adopted by the Scandia City Council this 21st day of December, 2021. _________________________________ Christine Maefsky, Mayor ATTEST: _________________________________ Ken Cammilleri, City Administrator ATTACHMENT A ALL THAT PART OF LOT 7 OF SECTION 29, TOWNSHIP 32 NORTH, RANGE 20 WEST, DESCRIBED AS FOLLOWS, TO WIT: COMMENCING AT A POINT IN THE NORTH LINE OF SAID LOT 7, 1364.00 FEET EAST OF THE NORTHWEST CORNER THEREOF; THENCE SOUTH 150.00 FEET; THENCE SOUTH 27 DEGREES 30 MINUTES 00 SECONDS WEST, 190.00 FEET TO THE INITIAL POINT OF BEGINNING OF THE LAND TO BE DESCRIBED; THENCE TO THE RIGHT ALONG THE CIRCUMFERENCE OF A CURVE WITH A RADIUS OF 45.50 FEET, A DISTANCE OF 104.43 FEET; THENCE NORTH 21 DEGREES WEST 167.60 FEET; THENCE SOUTH 68 DEGREES WEST 54.5 FEET; THENCE SOUTH 4 DEGREES 20 MINUTES EAST 179.00 FEET; THENCE SOUTH 4 DEGREES 30 MINUTES WEST 177.00 FEET; THENCE SOUTRH 10 DEGREES 40 MINUTES EAST 84 FEET TO THE SHORE OF BIG LAKE; THENCE NORTHEASTERLY ALONG THE SHORE 356.00 FEET, MORE OR LESS, TO A POINT WHICH BEARS SOUTH 44 DEGREES 15 MINUTES EAST FROM THE POINT OF BEGINNING; THENCE NORTHWESTERLY TO THE POINT OF BEGINNING. ALL THAT PART OF LOT 7, IN SECTION 29, TOWNSHIP 32 NORTH, RANGE 20 WEST, DESCRIBED AS FOLLOWS: TO-WIT: BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT 7, 1364.00 FEET EAST OF THE NORTHWEST CORNER THEREOF; THENCE SOUTH 150.00 FEET TO A POINT; THENCE SOUTH 27 DEGREES 30 MINUTES WEST 190.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREBY CONVEYED; THENCE SOUTH 44 DEGREES 15 MINUTES EAST 176.00 FEET TO THE SHORE OF BIG LAKE; THENCE NORTHEASTERLY ALONG SAID SHORE 64.10 FEET TO A POINT; THENCE NORTH 49 DEGREES WEST 198.60 FEET TO A POINT; THENCE SOUTH 27 DEGREES 30 MINUTES WEST 50.00 FEET TO THE POINT OF BEGINNING.