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7.b)1) TKDA Memo-Crane Variance Application ' �. b� � 444 Cedar Street,Suite 1500 Saint Paul,MN 55101 651.292.4400 � tkda.com TKDA Memorandum To: Scandia City Council Reference: Crane Variance Application, Kristina Handt, City City of Scandia Administrator Copies To: Bryan and Karen Crane, Applicants Project No.: 15023.013 From: Sherri Buss, Planner Routing: Date: March 14, 2013 SUBJECT: Crane Application for Variance from Lot Requirements, Setbacks and Lot Coverage for Single-Family Residence MEETING DATE: March 19, 2013 LOCATION: 19107 Layton Avenue Scandia, Minnesota APPLICANT: Bryan and Karen Crane 9425 Norwood Lane North Maple Grove, MN 55369 ZONING: General Rural (GR) District and Shoreland Overlay District 120-DAY PERIOD: April 13, 2013 ITEMS REVIEWED: Application and Site Plans received December 11 and updated Landscape Plan received December 18, 2012; revised plans and calculations received January 15 and February 22, 2013 and additional communications from Bryan Crane February 25-27. BRIEF DESCRIPTION OF THE REQUEST: The applicants are proposing to build a home on a nonconforming lot in the Shoreland Zone of Big Marine Lake. The lot is .31 acres in size. The applicants are requesting variances from dimensional standards in the ordinance to allow construction of the home, including: lot size, structure set-back from the Ordinary High Water Level (OHWL) of the lake, structure setback from Layton Avenue, and the lot coverage standard. An employee owned company promoting affirmative action and equal opportunity , Crane Variance Staff Report Scandia Planning Commission Page 2 March 5, 2013 The City previously granted a variance for construction of a home on this property in 2008, but that home was not constructed. The 2008 applicants received variances from the lot size and structure setback requirements, but revised the plan in order to comply with the lot coverage standard. The Planning Commission discussed this request at its meetings on January 2, February 5, and March 5, 2013. The Commission directed the applicants and their representatives to make revisions to the plans to comply with the lot coverage standards in the Shoreland Ordinance. The Commission heard comments from neighbors of the property that indicated that they had been required to meet the lot coverage requirements in developing the homes on their property, and commented that the Shoreland District standards should be applied equally to all proposed development. The applicants submitted revised plans and calculations on January 15 and February 22, 2013. This staff report analyzes the February 22 plan based on the ordinance requirements. Changes from the previous plan include the following: • The applicants reduced the size of the home (by 333 square feet), and deck (by 511 square feet), and eliminated the proposed stairway and front entry walk. • The applicants are showing a "4 track" driveway. The tracks would be approximately 8" wide and made of concrete. They indicate that the area between the tracks will be filled with soil and grass, and propose that the grassed areas not count as impervious cover. DETAILED EVALUATION OF THE REQUEST: The lot is located within the Shoreland Overlay District of Big Marine Lake, which is classified as a Recreational Development Lake and within the General Rural (GR) Zoning District. The parcel is a nonconforming lot within the Shoreland District (it was created in 1962). Requirements for nonconforming lots are detailed in Section 17 of the Shoreland Ordinance, and in Section 7.1 of the Shoreland Ordinance (as referenced in Section 17). The applicants are proposing construction of a home with an attached garage, deck, driveway, septic tank and well. The revised plans submitted on February 22 are attached. Comprehensive Plan The Comprehensive Plan indicates that the General Rural (GR) District includes areas of mixed lot sizes, and will continue to do so. Single family residential use is supported in the GR District. The plan recommends that the General Rural Area be developed at a maximum density of four dwelling units per 40 acres, with a minimum allowed lot size of 2 acres. The Comprehensive Plan also notes the existence of many smaller lots in areas of existing lakeshore development within the GR District, and that this pattern will continue in the areas of existing development around Scandia's lakes. The proposed residential use is consistent with the Comprehensive Plan's recommendations for uses and densities in the GR District and Shoreland Overlav District. �1 Crane Variance Staff Report Scandia Planning Commission Page 3 March 5,2013 Lot Size The existing lot is .31 acres in size. The revised plan indicates that the area of the lot above the OHWL is 10,500 feet (.24 acres). The minimum lot size for existing lots in the Shoreland Overlay District of Recreational Development lakes is 2.0 acres, with a minimum lot width of 160 feet, the same dimensions as the underlying General Rural District. Existing non-conforming lots in the Shoreland District may be developed for single family residential uses without a variance if they are at least 60% of the dimensional standards for lot size and width as required by the zoning district and Shoreland Overlay District (Section 17.0 of the Shoreland Ordinance). The existing lot includes a total of 13,648 square feet, with 10,500 square feet above the OHWL. 60% of the minimum 2-acre lot required in the ordinance is 52,272 square feet. The applicant therefore requires a variance from the lot size requirement to develop the proposed home on the lot. The ordinance requires a minimum frontage of 160 feet on a public roadway. The Shoreland Ordinance indicates that nonconforming lots that are within 60% of the requirement do not need a variance from the required frontage. The width of the existing lot and frontage on Layton Avenue is 113 feet. 60% of 160 feet is 96 feet. The lot therefore meets the frontaae requirements for nonconforminq lots in the Shoreland District. Setbacks The setback requirements in the Shoreland Overlay District of Recreational Development Lakes include the following: • Structure setbacks of 100 from the OHWL • Side yard setbacks of 10 feet for existing parcels that are 1.0 acres or less in size. • A 40-foot structure setback from the right-of-way line for a public street. The proposed structure (including deck and stairway) is approximately 37 feet from the OHWL of 942.2 feet on Big Marine Lake, and therefore requires a variance from this setback requirement. The aqplicant needs to submit a revised plan that shows the OHWL. The Planner utilized information from the oriqinal plan to locate the OHWL on the revised plan. The proposed structure meets the side setback requirements. The previous revision (January 15, 2013) indicated that the proposed locations of the septic tank and well met the side setback requirements. The tank and well are not shown on the revised plan. The applicant indicated to the Planner in an e-mail on February 26 that the proposed well and septic tank locations for the February 22 plan are the same as the locations shown on the January 15 plan. The qroposed conditions reauire that the applicant submit a revised plan that shows the proposed location of the septic tank and well to verifv that these elements meet the setback requirements. The proposed structure is setback approximately 27 feet from the right-of-way of Layton Avenue, and therefore requires a variance from this requirement. The residential structure needs a variance from the reauired setback from the OHWL of Biq Marine Lake and the reauired setback from the Lavton Avenue riqht-of-wav. The applicants need to submit a plan showinq the location of the OHWL and the locations of the proposed septic tank and well for final verification of setbacks. 1 Crane Variance Staff Report Scandia Planning Commission Page 4 March 5,2013 Maximum Lot Coverage The maximum allowed lot coverage in the Shoreland District is 25%. The ordinance requires that only the lot area above the OHWL be used to calculate coverage. The Planner noted this requirement to the applicants' representatives at a pre-application meeting, but the area above the OHWL was not identified on the first plan submittal or used for the impervious cover calculations. The area of the parcel above the OHWL is shown on the plans submitted on February 22. The area above the OHWL on the parcel is 10,500; 25°/a of 10,500 is 2,625 square feet. The proposed lot coverage, based on the plan submitted on February 22, is the following: House 1443 square feet (26'x55.5') Garage 484 square feet (22'x22') Storage 360 square feet (18'x20') Deck 266 square feet (14'x19') Driveway tracks 75 sauare feet 4(.67'x28) TOTAL 2,628 square feet The revised plan is approximately 3 feet above the maximum lot coverage standard. The applicants reported at the Planning Commission meeting that the plan submitted on February 22 is in error—they are proposing that the deck be 13'10" x 19' (262.8 square feet). If the size of the deck is revised, the total lot coverage will be 2624.8 square feet, which will meet the ordinance requirement. The proposed conditions require that the applicants revise the plan to show that the deck will be 13'10" x 19'. The applicanYs revised plan assumes that the proposed "driveway" surface is a set of four concrete tracks. Grass would be planted between the tracks. The Planner forwarded the revised plan to Carnelian-Marine-St. Croix Watershed District to get the DistricYs comments on the proposed plan and driveway surface. Planning Commission Discussion: • The Commission discussed the proposed driveway design, and concluded that it could be accepted with some revisions and conditions. The Commission noted that the applicants have made a significant reduction in the proposed lot coverage from the original plan submitted to the City. • If this surface is allowed, the concrete tracks need to be located and spaced so that car tires will utilized the surfaces to enter and exit the garage. • The Planner discussed the revised plan with Jim Shaver, Administrator of CMSCWD on February 27. The District also sent a letter providing comments. A summary of the conversation and comments is as follows: o Mr. Shaver did discuss the option to use the concrete track approach with the applicants, and indicated to them that the City could consider this approach. If the City approves the plan with this approach, the District would require that 1) the soil underlying the driveway area between the tracks be modified to include 4" of organic topsoil to support grass growth and 8" of sand so that the area would resist compaction in the future. The District should inspect the installation of the soil and driveway prior to seeding or sodding. 1 Crane Variance Staff Report Scandia Planning Commission Page 5 March 5, 2013 o The Watershed District rules define impervious surfaces to include surfaces that are compacted or"likely to become compacted from expected use." The driveway would need to use a design and materials that would resist compaction, or shouid not be counted as a pervious surface. o The District emphasized that the decisions on impervious cover definition and requirements are the City's decisions. o If the City accepts the "track" design, the District will also review the sizes of the proposed rain gardens with the applicants. The size should be increased if needed to accommodate stormwater runoff that could be generated if the grass areas of the driveway become compacted over time. The Watershed District's first comment letter on this project noted the following: "The Distict does not favor granting variances in these instances as they increase the possibility for negative impacts to Big Marine Lake, one of the District's high value resources. However, we also realize that pre-existing small lots require exceptions to be made and that this may be one of those situations. "This project wil!require a District permit for stormwater management, erosion control and shoreland buffers. The District recommends that the lake side setback be maximized and the hardcover be minimized as much as possible, and fhat the Watershed Districf Permit be made a condition of the variance. The requirements of our permit will work to mitigate further impacts to the lake." The Plannina Commission concluded that the drivewav desiqn could be included in the plans. The proposed conditions include reauirements related to the desian, construction and inspection of the drivewav and a condition that the applicants obtain the required Watershed District ep rmit• Accessory Structures The applicants are proposing an attached garage. No detached accessory structures are proposed in the appfication. Building Height The maximum building height permitted in the General Rural District is 35 feet. The City defines building height for gable roofs as "the vertical distance from the average of the highest and lowest point of the grade for that portion of the lot covered by the bui�ding to the mean height between eaves and ridge." Based on the definition, the height of the proposed structure included in the original plans was 16 feet. The proposed buildinq meets the heiqht requirements in the zoninq ordinance. Wastewater System and Well The applicants are proposing to be added to the City's community septic system, and to add a well. The plans submitted on January 15 identified a location for the septic tank that will be needed on the property, and the proposed location of the well. The applicants indicated verbally to the Planner that the locations of the proposed tank and well for the February 22 plans are the same locations shown on the January 15 plan. 1 Crane Variance Staff Report Scandia Planning Commission Page 6 March 5,2013 The aqplicants must revise the plan submitted on February 22 to show the proposed septic tank and well locations. Stormwater Management and Land A/teration The proposed site grading plan is shown on the site plan. The applicant needs to meet the requirements of the Carnelian-Marine Watershed District and the City's zoning and subdivision ordinance for stormwater management, erosion control and land alteration. The applicants will need to include a grading and erosion control plan in their application for a Building Permit. The erosion control plan should identify the specific Best Management Practices that the applicant will use to manage potential erosion, and should be consistent with the Watershed District requirements. The proposed conditions require that the Applicant obtain a Buildinq Permit and Watershed District permit for this proiect. Landscape Plan The previous plans indicated that 1 ash tree with a diameter of 6" and 4 ash trees with diameters of 12" each will need to be removed to construct the new home. An existing large cottonwood that is diseased will also need to be removed. The applicants indicate that the 5 ash ("primary deciduous" trees in the Code's definition)will be replaced with a mix of 10 trees that are either deciduous trees with a 2.5" caliper trunk or coniferous trees that are at least 6' in height. The trees are indicated in the island area in the front yard, and at the side yard. The proposed tree replacement meets the ordinance requirement. The ordinance does not require the replacement of diseased trees. The landscape plan also shows proposed rain garden locations for stormwater management, and new plantings within the setback from the OHWL of the lake. The plan does not indicate the species and sizes of the trees that are proposed to be planted, and does not indicate the proposed ground cover in areas that will be disturbed. The proposed landscape plan generally meets the ordinance requirements in Chapter 2, item 3.12. The applicant should provide a revised landscape plan that indicates the species and sizes of the plant materials proposed on the landscape plan, and the tvpe of qround cover that will be used, for staff review. The revised plan must be approved bv staff before approval of a buildinq permit. Agency Comments The Planner provided a copy of the application and plans to the Minnesota DNR and the Carnelian-Marine-St Croix Watershed District (CMSCWD). The DNR requested that the City determine whether the lot is currently owned by one of the adjacent owners—in that case it could not be subdivided to create a new nonconforming lot. The Planner reviewed the IoYs history and found that it is not currently or recently part of an adjacent parcel. CMSCWD comments are included in the appropriate sections of the staff report. 1 Crane Variance Staff Report Scandia Planning Commission Page 7 March 5,2013 DETAILED DISCUSSION OF THE VARIANCE REQUEST Ordinance 129 states that variances are allowed when the strict enforcement of the Development Code would cause practical difficulties because of circumstances unique to the individual property under consideration. The criteria for granting a variance include the following: • The proposed variance is consistent with the Comprehensive Plan and the intent of the Development Code. • The applicant proposes to use the property in a reasonable manner not permitted by the Development Code. • The plight of the landowner is due to circumstances unique to the property, not created by the landowner. • The variance, if granted, will not alter the essential character of the locality. • The practical difficulties are not due solely to economic conditions. • The proposed variance will not impair an adequate supply of light and air to adjacent properties, substantially increase the congestion of public streets, or increase the danger of fire or endanger public safety, or substantially diminish or impair property values within the neighborhood. • That the requested variance is the minimum action required to eliminate the practical difficulty. • Practical difficulties include, but are not limited to inadequate access to direct sunlight for solar energy systems. Variance Request The applicant is requesting a variance from the following Code requirements: • Lot size • Structure setback from the OHWL of Big Marine Lake • Structure setback from the road right-of-way of Layton Avenue • Lot coverage standard The applicanYs rationale for the variance request is as follows: • The existing nonconforming lot is not buildable without a variance. The current owners did not create the lot. • The existing lot is not large enough to allow for a single-family residence that would conform to all of the zoning requirements. • The single-family use is allowed in the zoning district. • A single-family home of the scale and design proposed fits the character of the surrounding neighborhood. The design of the home and proposed landscaping are consistent with the aesthetics of the area and the desire to protect scenic views. FINDINGS—VARIANCE REQUEST The following bullets present the Planner's findings related to the Cranes' request for a variance, based on the statutory criteria for granting a variance. Each of the criteria is shown in italics: 1 Crane Variance Staff Report Scandia Planning Commission Page 8 March 5,2013 • variances shall only be permitted when they are in harmony with the general purposes and intent of the official control. The proposed residential use is consistent with the Comprehensive Plan's goals and policies for maintain residential uses in the General Rural District and Shoreland Zone. The Comprehensive Plan also includes goals and policies to "preserve, protect and enhance surface water quality in Scandia" and to design new development and retrofit existing development to reduce the volume of runoff and polluted runoff." Exceeding the impervious surface coverage wilt generate additional surface water runoff, and may be in conflict with surface water management goals. The Planninq Commission recommended that the applicant meet the ordinance requirement for lot coveraqe to reduce the qotential stormwater runoff to Biq Marine Lake, and that the requested variance from the coveraqe requirement not be aranted. The Planninq Commission recommended that the variances for lot size, and setbacks from the lake and road riqht-of-wav are in harmonv with the peneral purposes and intent of the develoqment code and comprehensive qlan and mav be qranted. • The property owner proposes to use the property in a reasonable manner under the conditions allowed by official control(s). Single Family Residences are permitted uses in the General Rural District, and driveways are required for a single-family residence, subject to the other requirements of the development code. The proposed use is reasonable under the Development Code. • The practical difficulties are not caused by the landowner, and are unique to the property. The practical difficulties for the requested variance from the setback requirements are related to the small size of the lot. The lot was not created by the applicants. It would not be feasible to develop a sinqle-familv residence on the propertv that meets the setback requirements from both the OHWL of the lake and the road riaht-of-wav. The variance for lot coverage is also related to the small size of the parcel. However, the Planning Commission recommended that the variance not include a variance from the lot coverage standard, since the previous variance application was able to meet the lot coverage requirement, and the City has required that other applications on similar lots meet the coverage requirement, and they have done so. • The variance would not alter the essential character of the area. The surrounding area is a developed with single-family homes and cabins on a variety of lot sizes. The scale of the proposed home is similar to others on the lake. 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 small size of the existing lot. The difficulties are not solely related to economic conditions. • The proposed variance will not impair an adequate supply of light and air to adjacent properties, substantially increase fhe congestion of public streets, or increase the danger of fire or endanger public safety, or substantially diminish or impair property values within the neighborhood. 1 Crane Variance Staff Report Scandia Planning Commission Page 9 March 5,2013 The structure is unlikely to impair the suppiy of light and air to adjacent properties, increase congestion, increase the danger of fire, endanger public safety, or substantially impair property values. • That the requested variance is the minimum action required to eliminate the practical � difficulty. Lot size and setback variances: The proposed variances are the minimum actions needed to locate a single-family home and garage on the lot while trying to maintain separation from the lake. Lot coveraqe variance: The Planning Commission recommended that no variance be granted from the lot coverage standard. • Practical difficulties include, but are not limited to inadequate access to direct sunlight for solar energy systems. The proposed home, garage and driveway will not affect direct solar access for surrounding properties. ACTION REQUESTED: The City Council should discuss the Variance request, and can recommend the following: 1. Approval 2. Approval with conditions 3. Denial with findings 4. Table the request PLANNING COMMISSION RECOMMENDATIONS: The Planning Commission recommends that the City Council approve the proposed variance from the lot size requirement, and the setback requirements from the OHWL and roadway right- of-way. The Planning Commission recommends not granting the requested variance from the lot coverage standard. The Planning Commission recommended the following conditions for the variance: 1. The development on the property shall be in substantial compliance with the site plan and landscape plan submitted to the City on February 22, 2013. The plan shall be revised to indicate that size of the deck shall be 13'10"x19' to meet the lot coverage standard and to show the OHWL contour of Big Marine Lake. The variance allows construction of a single-family residence with attached garage on the .31-acre lot that is setback 37 feet from the OHWL of Big Marine Lake, and 28 feet from Layton Avenue. 2. The applicants shall revise the site plan to show the proposed locations of the septic system and well outside the required setbacks, as shown on the January 15 plans submitted to the City. 3. The applicants shall obtain a Building Permit from the City prior to construct the home, septic system and well. The grading and erosion control plan required for the building permit shall include the following practices: 1 � Crane Variance Staff Report Scandia Planning Commission Page 10 March 5,2013 a. The applicant shall protect existing trees during construction that are not identified on the plan for removal. b. The grading and erosion control plan shall include the Best Management Practices required by the Carnelian-Marine-St. Croix Watershed District. 4. The applicants shall obtain the required Carnelian-Marine-St. Croix Watershed District (CMSCWD) permit for storm water management and erosion control. 5. The applicants shall provide a revised plan indicating the location and size of the driveway"tracks" to be located and spaced so that automobile tires will use the track surfaces to enter and exit the garage. The plans shall include construction details for the � "track" driveway area, including the application of 4" of topsoil, grass, and 8" of sand in the area between the "tracks" to maintain a pervious surface. The City and the CMSCWD shall approve the plans and details prior to construction. 6. The applicants shall work with the CMSCWD to enlarge the proposed rain gardens on the site if needed to accommodate stormwater runoff from the driveway surface that may be compacted over time. 7. The CMSCWD shall inspect the installation of the driveway prior to seeding or sod placement so that it is consistent with the approved plans. 8. The applicants shall obtain the required septic system and well permits from Washington County prior to any construction on the site. 9. The applicants shall provide a revised landscape plan that indicates the species and sizes of the plant materials proposed on the landscape plan, and the type(s)of ground cover that will be used for staff review. Staff shall approve the landscape plan before approval of the building permit. 10. The Applicant shall pay all fees and escrows associated with this application. 1 CITY OF SCANDIA, MINNESOTA CITY COUNCIL RESOLUTION NO. 3-19-13-05 APPROVING VARIANCE 19107 LAYTON AVENUE WHEREAS, Bryan and Karen Crane have made an application for a variance to construct a single-family residence at 19107 Layton Avenue, and WHEREAS, the property is legally described as follows: Lot 6, Block 1,Holiday Beach 2"a plat; and WHEREAS, the Planning Commission reviewed the request at a duly noticed Public Hearing on January 2, 2013, further discussed the application at its meetings on February 5 and March 5, 2013, and recommended approval of the variance with conditions; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA,WASHINGTON COIJNTY, MINNESOTA,that it should and hereby does approve the variance to allow construction of a single-family residence with attached garage on a lot that is .31 acres in size, where the structure will be setback 37 feet from the Ordinary High Water Line of Big Marine Lake and setback approximately 28 feet from Layton Avenue. The requested variance is not granted from the lot coverage requirement in the Shoreland Overlay District. The variance is granted based on the following findings: 1. The request is consistent with the goals and policies in the Comprehensive Plan to allow single-family residential uses in the General Rural District and Shoreland Zone. 2. The proposed single-family residential use is reasonable under the Development Code. 3. The practical difficulties are related to the small size of the existing nonconforming lot, and were not created by the applicants. 4. Granting the variance will not alter the essential character of the area. 5. The practical difficulties are related to the small size of the existing lot that would not allow for development of a single-family home without a variance from the required setbacks from the lake and roadway, and are not related to economic conditions alone. Resolution No.: 03-19-13-OS Page 2 of 3 6. The structure will not impair the supply of light and air to adjacent properties, increase congestion, increase the danger of fire, endanger public safety, or substantially impair property values. 7. The requested variance is the minimum action required to eliminate the practical difficulty. 8. The proposed garage and driveway will not affect direct solar access for surrounding properties. FURTHER BE IT RESOLVED, that the following conditions of approval shall be met: 1. The development on the property shall be in substantial compliance with the site plan and landscape plan submitted to the City on February 22,2013. The plan shall be revised to indicate that size of the deck shall be 13'10"x19' to meet the lot coverage standard and to show the OHWL contour of Big Marine Lake. The variance allows construction of a single-family residence with attached garage on the .31-acre lot that is setback 37 feet from the OHWL of Big Marine Lake, and 28 feet from Layton Avenue. 2. The applicants shall revise the site plan to show the proposed locations of the septic system and well outside the required setbacks, as shown on the January 15 plans submitted to the City. 3. The applicants shall obtain a Building Pertnit from the City prior to construct the home, septic system and well. The grading and erosion control plan required for the building permit shall include the following practices: a. The applicant shall protect existing trees during construction that are not identified on the plan for removal. b. The grading and erosion control plan shall include the Best Management Practices required by the Carnelian-Marine-St. Croix Watershed District. 4. The applicants shall obtain the required Carnelian-Marine-St. Croix Watershed District (CMSCWD)permit for storm water management and erosion control. 5. The applicants shall provide a revised plan indicating the location and size of the driveway"tracks"to be located and spaced so that automobile tires will use the track surfaces to enter and exit the garage. The plans shall include construction details for the "track"driveway area, including the application of 4"of topsoil, grass, and 8"of sand in the area between the"tracks"to maintain a pervious surface. The City and the CMSCWD shall approve the plans and details prior to construction. 6. The applicants shall work with the CMSCWD to enlarge the proposed rain gardens on the site if needed to accommodate stormwater runoff from the driveway surface that may be compacted over time. � Resolution No.: 03-19-13-OS Page 3 of 3 7. The CMSCWD shall inspect the installation of the driveway prior to seeding or sod placement so that it is consistent with the approved plans. 8. The applicants shall obtain the required septic system and well permits from Washington County prior to any construction on the site. 9. The applicants shall provide a revised landscape plan that indicates the species and sizes of the plant materials proposed on the landscape plan, and the type(s) of ground cover that will be used for staff review. Staff shall approve the landscape plan before approval of the building permit. 10. The Applicant shall pay all fees and escrows associated with this application. Adopted by the Scandia City Council this 19th day of March, 2013. Randall Simonson, Mayor ATTEST: Kristina Handt, Administrator/Clerk