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7.b)1) TKDA Memo-Olson Variance Application . � �. �� aaa c�aa�streec,s�e,5oo Saint Paul,h�l 55101 � 651.292.4400 � tkdo.com �F �'' i: TKDA Memorandum To: Scandia City Council Reference: Olson Variance Application, Kristina Handt, City City of Scandia Administrator Copies To: Matt and Jennifer Olson Project No.: 15253.009 From: Sherri Buss, RLA AICP, Routing: Planner Date: May 8, 2013 SUBJECT: Olson Variance Request for Accessory Structure MEETING DATE: May 21, 2013 LOCATION: 14790 Scandia Trail North Scandia, Minnesota APPLICANTS: Matt and Jennifer Olson ZONING: Village Mixed Use B (VMU B) District 60-DAY PERIOD: June 2, 2013 ITEMS REVIEWED: Application and Plan received April 3, 2013 BRIEF DESCRIPTION OF THE REQUEST: The applicant is proposing to expand an existing 24'x 24' garage (576 square feet) with an addition that is 24' x 24' in size (total 1152 square feet). The applicant is a requesting a variance from the area permitted for accessory structures on lots less than one acre in size. The property is located in the Village Mixed Use B (VMU B) District. An employee owned company promoting affirmative action and equal opportunity Olson Variance Staff Report Scandia City Council Page 2 May 21,2013 DETAILED EVALUATION OF THE SUBDIVISION REQUEST: Comprehensive Plan The Comprehensive Plan indicates that the Village Mixed Use B (VMU B) District includes a mix of commercial, public, industrial, recreational and residential uses. The Comprehensive Plan notes that a mix of lot sizes exists in the VMU B District, and that this will continue. Accessory structures, such as garages, are a permitted use in the VMU B District. The proposed expansion is consistent with the qoals of the Comprehensive Plan for the uses permitted in the VMU B District. Lot Size and Setbacks The applicants' lot is .82 acres in size, and is therefore a nonconforming lot. The minimum lot size in the VMU B District is 2.5 acres. The required setbacks in the VMU B District include the following: • Front: 40 feet • Side: 20 feet • Rear: 50 feet The sketch that the applicants provided indicates that the existing home and garage and the proposed garage expansion meet the setback requirements. The garage expansion is proposed to be setback 50' from the nearest side property boundary, and 66 feet from the rear property line. The existing garage is set back more than 40 feet from the front property boundary. The proposed setbacks meet the ordinance requirements. Accessory Structures The existing parcel includes one accessory structure—the existing garage, which is 576 square feet in size. The Development Code permits up to one accessory structure with a total area of 720 square feet on lots of less than 1 acre. The applicants are proposinp an addition that would double the size of the qaraQe to 1,152 square feet. The proposed expansion requires a variance, which is discussed in the Detailed Evaluation of the Variance Request, below. The ordinance also allows accessory structure up to 120 square feet in size in addition to the accessory structure up to 720 square feet. The applicants do not currently have one of the small accessory structures on their property. If added to the 720 square feet, the total square footage of accessory structures permitted would be 840 square feet. The applicants are therefore requesting 312 square feet more than the total that would be allowed on a lot that is less than 1 acre in size. The applicants are proposing to use the loft space of the expanded garage for storage. They will add a folding ladder within the main floor of the garage to access the storage area. The proposed expansion does not require a Conditional Use Permit for the storage space. The height of the structure will match the existing garage. � , r 7 . �; Olson Variance Staff Report Scandia City Council Page 3 May 21,2013 Lot Coverage The VMU B District allows up to 65% lot coverage by impervious surFaces. The impervious area covered by the existing and proposed structures includes the following: House 930 square feet Garage 567 square feet Concrete Driveway 672 square feet Gravel Driveway 1,000 square feet (approximate) Proposed Garaqe 567 square feet Total 3,736 square feet The size of the lot is approximately 35,793 feet. The proposed lot coverage with the garage expansion would be 10.4%. The proposed lot coveraqe meets the code requirement. Building Height The proposed garage expansion will have the same roof type and height as the existing garage. The existing gable roof is 17' from the ground surface to the peak of the roof. The ordinance allows a maximum building height of 45' in the VMU B District. The structure height for gable roofs is defined as the vertical distance from the average of the highest and lowest point of grade covered by the building to the mean height between the eaves and gable. The buildinq meets the ordinance heiqht requirement. Wastewater Treatment The proposed expansion does not require additional wastewater treatment on the parcel. Stormwater Management and Land Alteration No alteration is proposed in the grades on the site. The Planner sent the application to the Carnelian-Marine-St. Croix Watershed District for review. Jim Shaver, the District Administrator, indicated in an email that "This addition will not need a District permit nor does the nature of the variance trigger our rules." The City's ordinance requires that the applicants obtain a land alteration and grading permit if 1,000 square feet or more of land area will be disturbed for the proposed expansion. The applicants should obtain the land alteration and ctradinq permit if needed. Landscape Plan No landscape plan is required for the expansion. The property is well-screened from Scandia Trail North, and is screened from adjacent properties with trees and grade differences between properties. The existing garage will screen the expansion from the roadway. The Planninq Commission completed a site visit to the Olson's propertv, and noted that the adiacent homes are not visible from the qaraqe area, and that the expansion will probablv not be visible from adlacent properties.. r. & 1 .� Olson Variance Staff Report Scandia City Council Page 4 May 21,2013 DETAILED DISCUSSION OF THE VARIANCE REQUEST Chapter 1, Section 6.0 of the Development Code includes the criteria and required process for considering variance requests. Variances may only be granted when the terms of the variance are consistent with the Comprehensive Plan and in harmony with the general purpose and intent of the development code. The variance criteria include: 1. The applicant proposes to use the property in a reasonable manner not permitted by the Development Code. 2. The plight of the landowner is due to circumstances unique to the property not created by the landowner. 3. The variance, if granted, will not alter the essential character of the locality. 4. Economic conditions alone shall not constitute practical difficulties. 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. 6. The required variance is the minimum action required to eliminate the practical difficulty. 7. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. The applicants are requesting a variance from the Development Code requirement that lots that are less than 1.0 acre in size have no more than 1 accessory structure with a total square footage of 720 feet. The applicants are requesting to expand the existing garage to 1,152 square feet. The applicants' rationale for the variance is the following: • The applicants are requesting the variance to be able to park vehicles and store items including snowmobiles, lawnmowers, a 4-wheeler and kids toys inside the garage to protect them from the weather and keep the lot from appearing cluttered. The applicants calculated the storage area they believe they need, and have based the variance request on that calculation. Findings The following bullets present the Planner's findings related to the Olson request for a variance, based on the statutory criteria for granting a variance. Each of the criteria are shown in italics: • Variances shall only be permitted when they are in harmony with the general purposes and intent of the official control. Granting the requested variance is in harmony with the purposes and intent of the Comprehensive Plan and Development Code based on the following: • The proposed use of the parcels for a single-family residence and an accessory structure is consistent with the Comprehensive Plan goals and policies in the Village Mixed Use B District. The District allows for small lot sizes such as this nonconforming lot. • The property owner proposes to use the property in a reasonab/e manner under the conditions allowed by official control(s). � , a w;: 1 �� Olson Variance Staff Report Scandia City Council Page 5 May 21,2013 Single Family Residences and accessory structures are reasonable uses in the VMU B District. • The practical difficulties are not caused by the landowner, and are unique to the property. The practical difficulties are caused by the size of the existing lot, which was not created by the landowner. This residential property is adjacent to a commercial property with multiple accessory structures, and the proposed location of the expansion is not visible from adjacent residential structures, which is a unique situation. The City has previously granted variances for larger accessory structures than allowed by the Development Code on nonconforming lots that are under 1 acre in size (such as the Varhalla variance, August, 2012). The Varhalla variance allowed a slightly larger building footprint and a second story structure to minimize the total impervious surface and protect neighbors' views. In the Olson's case, the structure does not exceed the coverage standard in the VMU B district, and a two-story structure would be more visible and could impact views more than expanding the one-story structure to the rear of the existing structure. • The variance would not alter the essential character of the area. The applicants' home is adjacent to commercial uses to the east with multiple and larger accessory structures. The residential structures to the west have accessory structures and are on larger lots. The expansion would not be visible from Scandia Trail North, and would not alter the essential character of the area. • Economic conditions alone shall not constitute practical difficulties. The practical difficulties are caused by the size of the existing lot and the need to store vehicles and other typical household belongings to protect them from the weather and maintain the neat appearance of the property. The difficulties are not related solely to economic conditions. • 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. The proposed variance will not impair the supply of light or air to adjacent properties. The property will remain as a single-family residential use and will not increase congestion or endanger public safety. The proposed expansion is well-screened by the existing structure and mature trees, and will not impair property values in the neighborhood. • The required variance is the minimum action required to eliminate the practical difficulty. The applicants indicated that the proposed size of the expansion is the minimum area needed to eliminate the practical difficulty. The Planner has included a condition that the �,. �,,.: � b 7r, � Olson Variance Staff Report Scandia City Council Page 6 May 21,2013 applicant forego the 120-square foot accessory structure that the code would permit in addition to the 720 square-foot accessory structure permitted on parcels of this size. • Practical difficulties include, buf 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. PLANNING COMMISSION PUBLIC HEARING AND DISCUSSION The Planning Commission held a public hearing on the Olson application on May 7, 2013. No comments were received on this application. The Planning Commission noted the following in the discussion: • A concern was expressed that this situation is not unique, and the City may receive many such requests for accessory structures that exceed the ordinance limits. • Other Commissioners noted that each variance needs to be considered as a unique situation. In this situation, the existing home is of a modest size; the property is adjacent to a commercial property with several accessory structures; and the proposed location of the structure is not visible from the roadway or adjacent properties. The expansion will not alter the character of the area. The neighbors did not attend the hearing or submit comments objecting to the garage expansion. • The City recently granted a variance to Carol Varhalla in a similar situation—a lot less than 1 acre in size with a modest-sized home, where the owner documented the need for additional storage. • The size standards for non-agricultural accessory structures have been unchanged for many years, while the numbers of vehicles and other possessions that need protection from the weather has increased for many households. Commissioners suggested that the City has an interest in helping homeowners to maintain the neatness of their properties. ACTION REQUESTED: The Council 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 variance to allow expansion of an existing accessory structure to a total size of 1,1,52 square feet on the property located at 14790 Scandia Trail North, with the following conditions: 1. The expansion of the existing accessory structure shall be in substantial compliance with the plans submitted to the City on April 3, 2013. 2. The applicants shall obtain a building permit for the expansion. ; � 1 :-..s� Olson Variance Staff Report Scandia City Council Page 7 May 21,2013 3. The applicants shall obtain a land alteration and grading permit from the City if the area that will be disturbed for construction exceeds 1,000 square feet. 4. Based on the variance granted to exceed the accessory structure size standard, the owner waives the right to construct an additional 120 square-foot accessory structure permitted by the Development Code on the parcel. 5. The applicant shall maintain existing trees and screening on the site, and protect the trees during construction 6. The Applicant shall pay all fees and escrows. 1 . 7. Brief Description of Request: (attach separate sheet if necessary) F}e( o n a ��xa J ��/� � /' Q � /�n D �IUS�inn �?e�s�� f�r I's -f'o be ,�ble �'o Pafh ►eh�c�le� �r� oz�/�r UC��'�'�us J�In�S rJUGn QS ��J r✓�Jb�1 Qf I �a��/'Y�OWQr..f� `� ^��e�1er� � J3/Ca�S f-o�.s »s�d�' S� Z d on f /x1 rJ P t�Q� Si z�-�ln� or��'S'�n�e ir> �P ��ll(�d�P./' U� �Z�' G✓Ou�� J��i G'��f" 1FS,S `��r��r�• 8. Project Name: ��.5�r� �p�^t1 Q �o�cr��i'�n I hereby apply for consideration of the above described request and declare that the information and materials submitted with this application are complete and accurate. I understand that no application shall be considered complete unless accompanied by fees as required by city ordinance. Applications for projects requiring more than one type of review shall include the cumulative total of all application fees specified for each type of review. I understand that applicants are required to reimburse the city for all out-of-pocket costs incurred for processing,reviewing and hearing the application.These costs shall include,but are not limited to:parcel searches;publication and mailing of notices;review by the city's engineering,planning and other consultants;legal costs,and recording fees. An escrow deposit to cover these costs will be collected by the city at the time of applicarion. The minimum escrow deposit shall be cumulative total of all minimum escrow deposits for each type of review required for the project,unless reduced as provided for by ordinance. The city may increase the amount of the required escrow deposit at any time if the city's costs are reasonably expected to exceed the minimum amount. Any balance remaining after review is complete will be refunded to the applicant. No interest is paid on escrow deposits. PLEASE NOTE: If the fee owner is not the applicant,the applicant must provide written authorizarion by the fee owner in order for this applicatian to be considered complete. Property Fee Owner Signature(s) Date: �'' ° r�,,� �j-�-�.� Applicant Signature(s) Date: ��%�� -��---��—.�-°�� `�`�..� For City Use Only p qi D Application Fees: � � �v APR -3 Z��3 Escrow Deposit: � � �_ 4 S I'�a C� �� S' , �� I 17�4/'� �c� o� � �k1dr��n �7.��/ Q 1�� ,��h � � -�e �' 7 / o� ��- S'Q�qrF -fo� 35� �3 , 8a� �cr�_s° 1 i � � 1 {--- %�(� � _ ��.��.,�...�.w�_..��.... .. .._ �.. _ � ....,.�. . .. �� _, , ��w . , . . 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Granting the requested variance is in harmony with the Comprehensive Plan goals and policies for the Village Mixed Use B ( VMU B) District. 2. The residential use and accessory structure are reasonable uses in the VMU B District. 3. The practical difficulties were not created by the landowner, and are related to the size of the existing lot. 4. The proposed use is consistent with the essential character of the surrounding VMU B District and neighborhood. Resolution No.: OS-21-13-02 Page 2 of 2 - 5. The request is related to the size of the existing lot, modest size of the existing home, the need to stare vehicles and household belongings to protect them from weather, and to maintain the neat appearance of the property; not economic conditions alone. 6. The proposed variance will not impair an adequate supply of light and air to adjacent properties, substantially increase the congestion of public streets, increase the danger of fire or endanger public safety or substantially diminish or impair property values in the neighborhood. The proposed expansion is screened from adjacent residential properties and views from Scandia Trail by mature vegetation and topography. 7. The requested variance is the minimum needed to eliminate the practical difficulties and provide the necessary storage. 8. The variance request is not related to inadequate access to direct sunlight for solar energy systems. FURTHER BE IT RESOLVED, that the following conditions of approval shall be met: 1. The expansion of the existing accessory structure shall be in substantial compliance with the plans submitted to the City on Apri13, 2013. 2. The applicants shall obtain a building permit for the expansion. 3. The applicants shall obtain a land alteration and grading permit from the City if the area that will be disturbed for construction exceeds 1,000 square feet. 4. Based on the variance granted to exceed the accessory structure size standard, the owner waives the right to construct an additional 120 square-foot accessory structure permitted by the Development Code on the parcel. 5. The applicant shall maintain existing trees and screening on the site, and protect the trees during construction 6. The Applicant shall pay all fees and escrows. Adopted by the Scandia City Council this 21 st day of May, 2013. Randall Simonson, Mayor ATTEST: Kristina Handt, Administrator/Clerk