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08.b1 Staff Report_Paulsen 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: Paulsen Variance Application Copies To: Brenda Eklund, Clerk Ken Cammilleri, City Administrator Richard W. Paulsen, Applicant Project No.: 18407.000 Paulsen Variance From: Evan Monson, Planner Routing: Date: November 8, 2022 SUBJECT: Variances to build a house, driveway, and septic tanks within the setback required from a Manage 2 wetland on a non-conforming lot MEETING DATE: November 15, 2022 LOCATION: 18558 Langly Avenue North, PID 31.032.20.14.0114 APPLICANT: Cedarwood Homes – Richard W. Paulsen OWNERS: Richard G. & Marlene Paulsen ZONING: General Rural (GR), Shoreland Management Overlay REVIEW PERIOD: 60-day period ends November 29, 2022 (30-day DNR review period ended October 30) DESCRIPTION OF THE REQUEST The property owner is looking to construct a single family residence on this currently vacant lot. The lot is a corner lot, located near Big Marine Lake in the Bliss Subdivision. The property has a small pond at the northeast corner of the lot, which is designated as a Manage 2 wetland. The presence of the wetland results in much of the lot being within the required setback s from the wetland. The applicant proposes to build the house on the south half of the parcel; portions of the house, deck, driveway, and the septic tanks would be located within the required setback. Manage 2 wetlands require a 50 foot setback for structures and impervious surfaces, and 75 feet for septic tanks and systems. The property itself is also nonconforming to today’s requirements. The minimum lot standards for lots zoned General Rural (GR) and located in the Shoreland Management Overlay are not met. Under the Development Code, legally existing nonconforming lots can be developed on if they meet a number of criteria (listed in Chapter One, Section 13.5(1)). Since the property is less than 66% of the minimum lot size required in the Shoreland Overlay, and the house and septic tanks are unable to meet the setbacks from the wetland, the criteria of 13.5 are not met, therefore requiring a variance to develop the lot. Paulsen Variance Staff Report November 15, 2022 Scandia City Council Page 2 As a result of the application being received prior to the adoption and publication of the recently adopted Unified Development Code (UDC), the standards and requirements of the Development Code were used in review of this request. Differences between the Development Code and UDC are noted throughout. Much of the requirements applicable to this request are found in the Shoreland Management Chapter of the Development Code, though, which did not change with the adoption of the UDC. The Planning Commission reviewed this request at their November 1st meeting. After reviewing the plans and variance criteria, the commissioners recommended approval of the request with a number of conditions. Their recommendation is at the end of this report. PROPERTY INFORMATION Parcel description: 18558 Langly Avenue North is a small property located on the west side of Big Marine Lake, in the Bliss Subdivision. The property is a corner lot, with Langly Avenue bounding its north and east sides. The property is just over one acre in size, 1.04 acres, and has a wetland located at its northeast corner. The west end of the property is wooded, and slopes down considerably before flattening near the wetland and east property line. Land use: vacant/undeveloped Figure 1: Subject property and surrounding area, via City of Scandia GIS Paulsen Variance Staff Report November 15, 2022 Scandia City Council Page 3 EVALUATION OF THE REQUEST Staff Comments on the Variance Request Engineer/Public Works The City Engineer and Public Works Director noted the following:  Public Works should be involved in all driveway/trench drain/culvert work o To provide access on the north end of the lot for installation of the well, use a temporary HDP culvert. Removal of culvert upon completion of work is required.  The Planning Commission recommendation was to allow the culvert to remain.  No shared septic tank or pump allowed. Connection shall be to the force main or to a pressurized lateral within close proximity to property with Public Works written approval. Detailed drawings and specifications of tanks and pump to be submitted with sewer connection permit. Pump requirements and specifications available through Public Works.  A tree replacement plan is recommended as a condition of approval.  Grading plan shall be required prior to building permit issuance, showing establishment of the ditch along Langly Avenue.  Top of septic tanks manholes should specify an elevation minimum 1’ foot above the centerline of the roadway to prevent I/I on the grading plan  All site work shall be within compliance of Washington Conservation District and Watershed District.  Drainage & utility easement shall be recorded to include delineated wetland area including the buffer area required by the Watershed District. Watershed The Carnelian Marine St Croix W atershed staff noted the following comments regarding watershed rules and what would apply:  The watershed rules require a 50 foot average (25 foot min) buffer. In the attached plans, the red=wetland boundary, blue = 25 foot minimum, green = 50 foot average buffer. Any disturbed sediments in the buffer are required to be planted back to native plantings therefore, th e majority of the hill behind the home will be replanted. If the City has specific planting requirements, the watershed would be happy to ensure those details are specified and also approved in our permitted plan. Wetlands A delineation of the wetland was conducted this summer. The wetland was determined to be a ‘Manage 2’ wetland. DNR The East Metro Area Hydrologist did not provide comments by the time of this staff report. Development Code Setbacks The Shoreland Management Chapter of the Development Code outlines required setbacks from wetlands. The required setback from a Manage 2 wetland is 50 feet for structures (such as a house) and impervious surfaces (such as a driveway), and 75 feet for septic systems. Paulsen Variance Staff Report November 15, 2022 Scandia City Council Page 4 Table 1: Proposed Variances from wetland Wetland Setback Required Proposed Setback from wetland Variance (Required – Proposed) House 50’ 29 21’ Deck (attached to house) 50’ 25’6” 25’6” Concrete Driveway 50’ 44’6” 5’6” Septic Tanks 75’ 26’6” 48’6” Figure 2: Zoom-in of site, with required setbacks shown The 50 foot setback falls within the middle of the proposed house, as shown on Figure 2. The 75 foot setback for the septic system falls near the south edge of the lot, which leaves the only flat areas for septic tanks as the area where the house is proposed to be placed at. The proposed house and driveway are placed up to the side setback of 20 feet, shifting them any further south would encroach into the 20 foot side yard setback (Chapter Two, Section 2.6(7) of the Development Code). A difference between the Development Code and the UDC is side setbacks. Under the UDC, this parcel is within the new ‘Rural Residential Neighborhood Zone’ (RR-N), which has a minimum side setback of 10 feet. If shifted south, to have a setback less than 20 feet from the side property line, the proposed driveway could meet the 50 foot setback requirement, while the house and deck would encroach less into the 50 foot setback. While shifting the house and driveway further Paulsen Variance Staff Report November 15, 2022 Scandia City Council Page 5 south would technically require a variance from the Development Code, it would be permitted under the recently adopted UDC. The Planning Commission discussed this ‘quirk’ with requirements at the commission meeting on November 1st. Due to the slopes on the south side of the lot, as well as the proximity of underground utilities and the neighbor’s septic tanks, the commissioners deemed the 20 foot side yard setback as appropriate. Non-conforming Lot The subject property is located within the GR zoning district, as well as the Shoreland Management overlay zone. The minimum lot size for the GR zone is 2 acres, while the Shoreland Overlay requires a 2.5 acre minimum lot size. The subject property is nonconforming to this requirement, as it was created prior to the Development Code. The Development Code notes that nonconforming lots can be developed, if they meet certain criteria listed in Chapter One, Section 13.5(1). Two criteria are not met: the 66% of lot size requirement, and setback requirements for buildings and septic systems; as a result a variance to develop the lot is required. Nonconforming lots that are contiguous and under the same ownership are required to be combined as per Chapter One, Section 13.5(1)(H). In this instance, ‘lot 9’ as shown on the west end of the project plans/survey would need to be combined with the subject parcel. While still under the minimum requirements, the two parcels once combined would be closer to conformance with the city’s zoning requirements. 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 has 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”. The small size of the lot, and locations of the wetland and slopes on the site greatly limit where one can build. The proposal by the applicant is to place the structure near the south side setback line, though the wetland setback still covers most of the proposed development. The proposed development appears to be in harmony with the Comprehensive Plan and the official controls. Conditions of approval can be added in order to ensure the project does not negatively impact the existing natural features of the site, suc h as a tree preservation and replacement plan, or a reduction in encroachment into required setbacks from the wetland.  The property owner proposes to use the property in a reasonable manner under the conditions allowed by official control(s). The owner is proposing to construct a single family house on the site, which is a common use in this portion of the city and permitted within the GR and Shoreland Overlay zones . Proposing to continue to use the property for single family residential use is a reasonable use. Paulsen Variance Staff Report November 15, 2022 Scandia City Council Page 6  The practical difficulties are not caused by the landowner and are unique to the property. The practical difficulties are due to the wetland on the site placing most of the land within the required wetland setback, and the property not conforming to minimum size requirements. The proposed house would be placed up to the side setback required under the Development Code; shifting it further from the wetland would therefore encroach into another required setback . The practical difficulties of the site 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 be single family residential; other parcels nearby are also occupied by homes and seasonal cabins. Unlike many existing developed lots, this proposal would meet the required side yard and front yard setbacks; the presence of the wetland is unique compared to most lots nearby. Granting the variances for the proposed development would not alter the essential character of the area.  Economic conditions alone shall not constitute practical difficulties. The practical difficulties are related to the size of the property and the limited amount of land located outside of required setbacks. 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 go from vacant lot to single family residential, 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 setback from the wetland located on the site; without a variance from those setback requirements, it would be difficult to use the lot. Conditions could be added to ensure the request is the minimum action required, such as a reduction in footprint of the structure, or requiring the house and driveway be shifted south on the lot in order to encroach less into the 50 foot setback. While this would require a variance under the Development Code, it would be permitted under the recently adopted UDC. The septic tanks have a 75 foot setback required from the wetland; the areas outside of this are either slopes or areas where the house/driveway would sit. The requested variances appear to be the minimum actions 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. N/A; the variance is not related to a need for direct sunlight for solar energy systems. The findings support granting the requested variances. Paulsen Variance Staff Report November 15, 2022 Scandia City Council Page 7 ACTION REQUESTED The Scandia City Council can do one of the following: 1. Approve, with or without conditions 2. Deny, with findings 3. Table the request RECOMMENDATION The Planning Commission recommended approval of Variances to build a house, driveway, and septic tanks within the setback required from a Manage 2 wetland on a non-conforming lot, addressed as18558 Langly Avenue North . The following conditions for the approved variance are recommended: 1. The proposed remodel project shall adhere to the proposed setbacks from the wetland, as indicated on the submitted plans. 2. Any contiguous, nonconforming parcels under same ownership shall be combined onto one deed through the lot line adjustment process, as required in Chapter One, Section 13.5(1)(H) of the Development Code. 3. The applicant shall secure applicable permits from the Washington Conservation District and Watershed District, and comply with their requirements. 4. Public Works should be involved in all driveway/trench drain/culvert work a. To provide access on the north end of the lot for installation of the well, use a HDP culvert. 5. No shared septic tank or pump allowed. Connection shall be to the force main or to a pressurized lateral within close proximity to property with Public Works written approval. Detailed drawings and specifications of tanks and pump to be submitted with sewer connection permit. Pump requirements and specifications available through Public Works. 6. A tree replacement plan shall be required. 7. A grading plan shall be required prior to building permit issuance, showing establishment of the ditch along Langly Avenue. a. Top of septic tanks manholes should specify an elevation minimum 1’ foot above the centerline of the roadway to prevent I/I on the grading plan 8. Drainage & utility easement shall be recorded to include delineated wetland area including the buffer area required by the Watershed District. 9. The applicant shall secure any other applicable Federal, State, County, and local permits required for the project. 10. The applicant shall pay all fees and escrows associated with this application.