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08.b1 CC Staff Report - Markgraf 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: Markgraf Variance Application Copies To: Brenda Eklund, Clerk Ken Cammilleri, City Administrator Gary Markgraf, Applicant Project No.: 18407.000 Markgraf Variance From: Evan Monson, Planner Routing: Date: June 10, 2022 SUBJECT: A 39 foot variance request from the minimum 75 foot setback from a Manage 1 wetland & an 8 foot variance from the minimum 50 foot setback from a ‘Major Collector’ road, in order to construct a detached accessory structure MEETING DATE: June 21, 2022 LOCATION: 23820 Lofton Avenue North, PID 05.032.20.21.0014 APPLICANT/OWNER: Gary Markgraf ZONING: General Rural (GR), Shoreland Management Overlay REVIEW PERIOD: 60 day review period ends July 10, 2022 ITEMS REVIEWED: Application and plans received May 11th DESCRIPTION OF THE REQUEST The property owner is looking to construct a detached accessory structure on their property. Said structure would be 1,860 SF in size, and be located south of the house and another existing accessory structure. The owner’s parcel has a wetland occupying the western half of the property. The wetland was identified by the Washington County Conservation District staff as a Manage 1 wetland, which requires a 75 foot minimum setback in the city’s Development Code. The proposed structure would be located within the setback, as it would only be 36 feet from the wetland. The land outside of the wetland begins to narrow the further south one goes on the lot; shifting the building east away from the wetland would cause the structure to encroach into the required setback from the front property line that runs along Lofton Avenue. Lofton Avenue is classified as a ‘major collector’ in the Comprehensive Plan, which triggers a 50 foot front yard setback; the structure as proposed would be 42 feet from the right-of-way (ROW). Due to the placement of the structure at a distance of 36 feet from the Manage 1 wetlan d, a 39 foot variance from the 75 foot minimum setback is required, along with an 8 foot variance to the 50 foot setback required from ‘major collector’ roads. The Planning Commission reviewed the request at their June 7th Planning Commission meeting, and recommended approval of the request with conditions. Their recommendation is found at the end of this report. Markgraf Variance Staff Report June 21, 2022 Scandia City Council Page 2 PROPERTY INFORMATION Parcel description: 23820 Lofton Avenue North is an irregular-shaped lot located on the west side of Lofton Avenue, by the intersection of Lofton Avenue and 238th Street. The parcel is approximately 3.26 acres in size. A large wetland occupies the western half of the lot. The lot currently has a house and attached garage on the site, and a detached garage is just south of the house. A septic system is located to the west of the house. Trees and vegetation are located throughout the site. A variance to setbacks from the wetland was approved in 2020 to allow a new compliant septic system on the northwest portion of the site to the west of the house. Land use: Single-Family Residential Figure 1: Aerial of the site, from City GIS EVALUATION OF VARIANCE REQUEST Staff Comments on the Variance Request Engineer The City Engineer provided the following comments regarding the request:  Building access should be very specifically discussed if there are plans for an additional driveway. o I don’t see Washington County granting another driveway access to this property, and it appears the existing garage could block access to the existing driveway for the new structure and applicant would need another driveway access connection to Lofton Ave. o Any new driveway access would have to be approved by Washington County through their permitting process.  If approved, a grading plan shall be submitted for review. Markgraf Variance Staff Report June 21, 2022 Scandia City Council Page 3 o Grading limits/elevations shall be identified, including low floor opening of the detached accessory building. o Erosion & sediment control will be very important on this site being adjacent to the wetland.  Site work shall be within compliance of the Watershed District.  Loss of tree canopy would occur upon building construction, a tree replacement plan is recommended for discussion. Watershed The Comfort Lake Forest Lake W atershed District noted the variance would trigger permits and requirements of the watershed. DNR The East Metro Area Hydrologist did not provide comments at the time of this staff report. Development Code The Development Code lists standards for accessory structures in Chapter Two, Section 3.2 of the current Development Code. Section 3.2(3)(C) has the table showing the number of buildings and the square footage permitted for lots depending on their size. The applicant’s lot totals 3.26 acres in size, which correlates to an allowance of 2,500 SF of accessory structures. The site currently has an attached garage, and a detached garage; the attached garage is 726 SF in size, which is within the 864 SF allowance permitted for a garage. The existing detached garage is 624 SF in size, while the proposed structure is 1,860 SF in size. These two combine for 2,484 SF in accessory space, which is within the 2,500 SF allotment for parcels that are 3 acres to less than 5 acres in size. The Development Code sets setbacks from wetlands in Chapter 5, the Shoreland Management Ordinance. Section 6.41(B) lists the setbacks from wetland types. Since the wetland on the applicant’s property is a Manage 1 wetland, a setback of 75 feet is required from both structures and septic systems. The edge of the wetland runs at an angle, and gets much closer to the east property line the further south one is on the lot. With the east property line being the front property line, the wetland s etback overlaps the front setback required of 50 feet from Lofton Avenue. While the front setback is typically 40 feet, since the functional classification of Lofton Avenue in the Comprehensive Plan is ‘major collector’ a setback of 50 feet from the ROW or 100 feet from the centerline is required, per Chapter Two, Section 2.6(7). The structure is proposed to be 42 feet away from the ROW , given the ROW for Lofton Avenue is 120 wide, the 50 foot setback would be a greater distance than 100 feet from the centerline. The existing house and detached garage are both slightly closer to the ROW than the proposed new detached garage. The applicant is not planning to add a second driveway for the proposed structure. Any access onto Lofton would require a permit from the county. Table 1: Proposed & Required setbacks Proposed setback - Wetland Required Proposed setback – Lofton Ave ROW Required Proposed Detached Garage 36’ 75’ 42’ 50’ The 50 foot setback from the collector road and the 75 foot setback from the wetland overlap in areas, greatly limiting the areas on the site outside of setbacks. Existing items and other required setbacks limit Markgraf Variance Staff Report June 21, 2022 Scandia City Council Page 4 options elsewhere on the site. The septic system for the site is located to the west of the hous e, in between the house and the wetland, so placing the structure to the rear of the house is not an option. A well for the site is located in the front yard of the property east of the house , so that area is not viable. Other portions of the lot outside of the wetland are either within the front yard setback , or the side yard setback. 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 2040 Comprehensive Plan identifies Lofton Avenue as a ‘major collector’ road; which requires a greater setback (50 feet) than what is required from local township roads (40 feet). The Plan also notes an objective in the Land Use section to “conduct 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”. Existing structures and improvements on the lot have previously been permitted to encroach into either the front setback, the wetland setback, or both. The city should discuss if 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 for single family 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 the limited amount of land not located within required setbacks. A large wetland occupies much of the lot, and as a result of being a Manage 1 wetland, a 75 foot setback is required from its edge. The front setback is required to be 50 feet, due to the functional classification of Lofton Avenue as ‘major collector’. Based on the location of the wetland, these two setbacks overlap on much of the lot. Other portions of the site are either occupied by utilities (septic and well), existing structures, or are within setbacks from other property lines. The practical difficulties 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 use and function of the property would remain residential. Apart from some houses to the north of the applicant, most land nearby is either park, lake, wetlands, or undeveloped. Granting the variances should not alter the essential character of the area. The city should discuss the potential impact of any trees being removed as a part of the project.  Economic conditions alone shall not constitute practical difficulties. The practical difficulties are related to the limited amount of buildable land located outside of required setbacks. The practical difficulties are not only economic in nature. Markgraf Variance Staff Report June 21, 2022 Scandia City Council Page 5  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 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 parcel is located within either the setback from the wetland, or the setback from the right-of-way for Lofton Avenue. Apart from shrinking the size of the requested structure, it is hard to find a location on the property that would encroach less into a required setback. The requested variance appears to be the minimum action required to elim inate the practical difficulty of the lot lacking buildable areas outside required setbacks.  Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. N/A, the variance is not related to a need for direct sunlight for solar energy systems. The findings support granting the requested variances to setback requirements. ACTION REQUESTED The City Council can do one of the following: 1. Approve the request 2. Approve the request, with conditions 3. Deny the request, with findings for denial 4. Table the request RECOMMENDATION The Planning Commission recommended approval of a 39 foot variance request from the minimum 75 foot setback from a Manage 1 wetland & an 8 foot variance from the minimum 50 foot setback from a ‘Major Collector’ road, in order to construct a detached accessory structure, 23820 Lofton Avenue North. The following conditions for the variances were recommended: 1. The proposed project shall be setback a minimum of 36 feet from the wetland, and 42 feet from the right-of-way, as shown on the site plans 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. Markgraf Variance Staff Report June 21, 2022 Scandia City Council Page 6 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, in order to ensure proper erosion control measures are taken. Grading limits/elevations shall be identified, including the low floor opening of the proposed detached accessory building. 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.