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7.b)3) TKDA Memo-Continenza Variance Request-Revised Submittal � �. �� 3� 444 Cedar Street,Suite 1500 TKDA Saint Paul,MN 55101-2140 ENGINEERS•ARCHITECT'S•PLANNERS (651)292-4400 (651)292-0083 Fax www.tkda.com MEMORANDUM To: Scandia City Council Reference: Continenza Variance Request— Revised Submittal Kristina Handt, Administrator City of Scandia, Minnesota Nick Vivian, Attorney Copies To: Jim and Sandi Continenza Proj. No.: 14811.008 Joseph Christensen, Attorney From: Sherri Buss, RLA AICP, City Planner Date: May 14, 2013 Routing: � SUBJECT: Continenza Request for Lot-Line Adjustment and Variance for Lot Size MEETING DATE: May 21, 2013 LOCATION: 13350 188`" Street North Scandia, Minnesota APPLICANT: Jeff Balmer, Lands End Development OWNERS: Jim and Sandi Continenza ZONING: General Rural (GR) and Shoreland Overlay District 120-DAY PERIOD: February 11, 2012; the Applicant and Owners allowed the review period to be extended indefinitely to complete necessary studies related to the Anderson/Erickson community wastewater system and proposed connections. ITEMS REVIEWED: Application, Site Plans, Building Plans and Wetland Delineation received October 11, 2011; revised Building Plans submitted May 6, 2013 This report has been updated to reflect the applicant's revised plans, the Wastewater Committee discussion, and revised conditions. BRIEF DESCRIPTION OF THE REQUEST: The applicant is requesting a lot-line adjustment and variance to allow construction of a home and related improvements on two existing nonconforming lots (Lots 9 and 10) at 13350 188`" Street North. The subject property is located in the General Rural (GR) District and is within the Shoreland Overlay District of Big Marine Lake, a Recreational Development Lake. The combined area of the two parcels is .97 acres. An Employee Owned Company Promoting Aflirmative Action and Equal Opportuniry Continenza Variance Request Page 2 May 21, 2013 Scandia, Minnesota The applicant is requesting a variance from the minimum lot size requirement of 2.0 acres in the GR District. (Shoreland regulations indicate that the minimum size for new lots on Big Marine Lake is 2.5 acres. Existing lots must meet the dimensional requirements of the underlying zoning district-2.0 acres in the GR District.) Development Code Section 13.5 allows development of nonconforming lots that are at least 66% of the dimensional standards for lot size and lot width as required by the zoning district without a variance. The combined area of the parcels is approximately 48.5% of the dimensional standard. Therefore, this application requires a variance. The applicant is also requesting connections to the Anderson/Erickson wastewater system that serves the area for the existing home on Lot 8 and for the proposed home at 13350 188`h Street North. DETAILED EVALUATION OF THE REQUEST: Comprehensive Plan The Comprehensive Plan indicates that the General Rural District includes areas of mixed lot sizes, and will continue to do so. Single family residential use is supported in the GR District. The Comprehensive Plan recommends a minimum lot size of 2.0 acres in the GR District 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 recommendations for uses and the �eneral character of the GR District, but is not consistent with the minimum lot size recommendations. This issue is discussed in the evaluation of the variance request included in this report. Lot Size and Frontage The minimum lot size requirement in the GR District is 2 acres. Lot A on the attached figure is .42 acres in size, and Lot B is .53 acres in size. The total area of the combined parcel would be .98 acres. The combined parcel does not meet the minimum lot size requirement for the district, and the applicant has requested a variance from the requirement. The front of the house is proposed to face 188`h Street North. The minimum frontage allowed for lots on public roads in the GR District is 160 feet. The combined parcel would have approximately 162 feet of fronta�e on 188`" Street. The combined parcel would meet the ordinance frontage requirement. Lot Line Adjustment The applicant is proposing a lot line adjustment to address encroachment of an existing building on Lot 8 (also owned by the Continenzas) onto Lot 9. The proposed adjustment meets the requirements of the ardinance. The Ap�licant will need to prepare and file a deed to complete the lot line adjustment. Setbacks The setback requirements in the Shoreland Overlay District are: side yard of 10 feet (lots of less than 1.0 acre), and a setback of 40 feet from public streets. The Shoreland District Regulations for Recreational Continenza Variance Request Page 3 May 21, 2013 Scandia, Minnesota Development lakes also require that structures be setback ]00 feet from the Ordinary High Water Level (OHWL). The proposed structure conforms to the setback requirements, based on dimensions indicated on the Certificate of Survey. Maximum Lot Coverage The maximum allowed lot coverage in the Shoreland Overlay District is 25%. The proposed house with attached garage, deck, driveway, and walkway would cover approximately 7060 square feet or 16.4% of the lot (The footprint of the home on the revised plan is the same as the footprint of the home submitted with the October 201 l plans.) The �roposed buildin�s and surfaces meet the ordinance covera�e requirement. Accessory Structures No accessory structures are proposed. The existing cabin and accessory structures on the lot should be removed before development of the site. Building Heiglit The maximum building height allowed is 35 feet. Based on the City's definition of building height, the proposed structure will be 23.1 feet in height. The proposed buildin� meets the ordinance requirement. The proposed structure will be taller than homes in the area. If significant numbers of mature trees are lost on the site with development, the structure could be readily visible from the lake and surrounding neighborhood. The conditions require that the applicant submit a Landscape Plan that identifies proposed trees to be removed and replacement trees to meet the Development Code requirements. Wastewater System The applicant requested that the proposed home be permitted to hook up to the existing Anderson/Erickson wastewater system that serves the 188`" Street area. Construction of the home will require two connections to the system—one to replace the existing on-site system that serves the adjacent home on Lot 8, as this system is currently located on Lot 9 and will need to be removed in order to construct the home proposed for lots 9 and 10. The second system would serve the new home on Lots 9 and 10. Both homes will be year- round residences. The application submitted in 2011 raised concerns regarding the capacity of the Anderson/Erickson waste water system to serve the existing home on Lot 8 and the proposed new home on lots 9 and 10. The plan for the original home included seven bedrooms and seven bathrooms. County staff had indicated that it would be feasible to develop an on-site septic system to serve the new home, but the applicant requested connection to the Anderson/Erickson system for both the existing home on Lot 8 and the new home on Lots 9 and 10. Based on the applicant's request for connection to the City system, the City completed an engineering study of the Anderson/Erickson waste water system, to determine the capacity of the system to serve existing and potential needs in the service area. The Continenza application was tabled with the agreement of the applicant and owners while the study was completed. Continenza Variance Request Page 4 May 21, 2013 Scandia, Minnesota The Wastewater Committee recommended that the Continenza's plans for the home on Lots 9 and 10 be revised to include no more than four bedrooms, in order to consider connection to the Anderson/Erickson system. The recommended limit is based on typical residential waste water system demands calculated on a per bedroom basis, and the City's evaluation of the capacity of the Anderson/Erickson system to serve new connections. The revised home plans submitted on May 6 show four bedrooms. The footprint of the home has not changed. Citv staff recommend that the Citv should require two separate connections to the Anderson/Erickson system to serve the existing home on Lot 8 and the proposed home on Lots 9 and 10, rather than a single connection sharin�the existing stub on Lot 8. The rationale for the separate connections includes the following: • It is standard industry practice to require separate sewer service connections for a municipal sewer system. It is in the best interests of the City and the property owners (current and future) to have separate sewer connections for each dwelling. • Having separate sewer connections eliminates any possible future disagreements over who is responsible for maintenance or other costs. • Having separate sewer connections eliminates the need far any cross easements between the two parcels. 188'h Street and Right of Way Dedication The Certificate of Survey indicates that lot 10 extends into 188�' Street, and that the City has little or no dedicated right-of-way along 188t� Street adjacent to lots 9 and 10. The City Engineer recommends that the applicants be required to dedicate a12-foot right-of-way along lots 9 and 10 to the City if the variance is approved. The right-of-way would be dedicated for roadway maintenance, drainage and utilities. The Engineer has provided a sketch (attached) of the proposed right-of-way. The Planner has included a condition for dedicating a 12-foot right-of-way to the Citv as a condition for approval of the variance. Stormwater Management and Land Alteration The applicants should provide a full r��plan for proposed improvements on the site, for review by City staff. The City's Starmwater Management regulations require the following: • Development on the site shall minimize impacts to significant natural features. • Development on the site shall meet the adopted water management rules and standards of the Carnelian-Marine-St. Croix Watershed District. • If needed, grading and best management practices for stormwater management should preserve natural vegetation, use natural topography, and other practices identified in the City's Development Code, Section 3.7 (D). A copy of the application was sent to the Carnelian-Marine-St.Croix Watershed District. The District reviewed the proposed project and provided the following comments and sug�ested conditions: Continenza Variance Request Page 5 May 21, 2013 Scandia, Minnesota • The project will need a Watershed District permit for storm water management and erosion control to mitigate the effects of increased impervious surfaces on the site. The applicant may be able to use the District's Small Residential Project Stormwater Worksheet. • The builder will need to complete the Worksheet and provide copies of the final survey, and other required information regarding stormwater management and erosion control. Landscape Plan The parcels proposed for development are wooded. The site visit noted that there are significant trees on the property, including significant oaks in the general area proposed for construction of the home and driveway. The City's ordinance related to landscaping and screening within Shoreland Areas includes the following requirements: • Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas is allowed. • Selective removal of natural vegetation is allowed, provided sufficient vegetative cover remains to screen cars, dwellings and other structures when viewed from the water. • The applicants should complete a Landscape Plan for the propertv that will identify existing significant trees, those that will be preserved or lost, and tree replacement to meet the Development Code requirements. The plan should indicate the ve�etative screening that will remain between the home and the lake, as required by the Shoreland Overlay District standards. Agency Comments A copy of the application was sent to the Minnesota DNR, because the parcels are within the Shoreland Zone of Big Marine Lake. The DNR noted that lots 9 and 10 must be combined due to common ownership and could not be developed separately. 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 variance is the minimum action required to eliminate the practical difficulty. Continenza Variance Request Page 6 May 21, 2013 Scandia, Minnesota 7. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. FINDINGS The following bullets present the Planner's findings related to the Continenza's request for a variance, based on the statutory criteria for granting a variance. Each of the criteria is shown in ilalics: • Variances shall only be permitted when lhey are in harmony with the general purposes and inlent of the official control. Granting the requested variances is generally in harmony with the purposes and intent of the Comprehensive Plan to allow continued residential use in the lakeshore areas within the developed lakeshore areas in the General Rural District. • The properry o��ner proposes to use ihe properry irr a �-easorrable manner under the conditions allowed by official conlrol(.$). Single Family Residences are permitted uses in the General Rural District and the Shoreland Management Overlay District, and the proposed use is therefore a reasonable use of the property. The applicant is requesting the following variance from the official controls: A variance from the required lot size to allow a .97 acre lot. The development code specifies that lots in the General Rural District be a minimum 2.0 acres in size. • The practzcal difficulties are not caused by Ihe landoNmer, and are unique lo the properry. The practical difficulties are caused by the size of the existing nonconforming lots. The difficulties are unique to the parcels, and were not created by the current landowner. • The variance would not alter the essential character of�lhe area. The surrounding area is a developed lakeshore area. Many lots are smaller non-conforming residential lots. The area includes many mature trees that help to screen the homes from view from the lake. If significant numbers of mature trees are lost on the site with development, the structure could be readily visible from the lake and surrounding neighborhood. The conditions require the applicants to submit a Landscape Plan that identifies mature trees that will be lost and a replacement plan that meets the Development Code requirements. • Economic conditions alone shall not conslilute practical difrculties. The practical difficulties are primarily related to the size of the existing nonconforming lots, not economic conditions. • The variance is �he mirrimum action reyuired to elimi�ate the praclical dif'ficulry. Granting the variance to allow construction of the home on the combined lots is the minimum action needed to eliminate the practical difficulty. Continenza Variance Request Page 7 May 21, 2013 Scandia, Minnesota • The proposed variance will not impair an adequate supply�f light and air to adjacent properry, or subslantially increase congestion of public streets, or increase the danger offire, or increase congestion of the public stree�s, or endanger the public safery, or substantially diminish or impair properry values within the neighborhood. The proposed home will not impair access to light or air for adjacent properties, increase congestions or Endanger public safety. The proposed conditions include the recommendations of the City's Wastewater Commission related to connection to the City's Anderson/Erickson wastewater system in a manner that will not decrease property values for other homes in the neighborhood. ACTION REQUESTED: The City Council can recommend the following: 1. Approval 2. Approval with conditions 3. Denial with findings 4. Table the request PLANNING STAFF RECOMMENDATIONS: The Planning Commission recommended that the City Council approve of the proposed variance and lot-line adjustment for a .97 acre lot for the property located at 11085 189�h Street North. The Planning Commission and Wastewater Committee recommended the following conditions for the variance: 1. The development on the property shall be in substantial compliance with the site plan and related materials submitted to the City on October 11, 2011 and the revised building plans submitted to the City on May 6, 2013. 2. The applicant shall prepare and file the deed for the lot line adjustment. 3. The two parcels shall be combined into one parcel, and the deed recorded at Washington County before construction of the improvements on the property. 4. The existing cabin and accessory structures on Lots 9 and 10 shall be removed before construction of improvements on the property. 5. The applicant shall submit a Landscape Plan that meets the requirements of the Development Code and Shoreland Overlay ordinance to the City for approval by staff. 6. The building and site plans shall include two separate connections to the Anderson/Erickson waste water system—one connection to serve the existing home on Lot 8 and a second connection to serve the new home on Lots 9 and 10. The Owners shall hook up to the waste water system at their own expense. The Owners shall install meters for each connection that are a type approved by the City, and shall pay all applicable connection and sewer user charges. 7. The owners shall dedicate to the City a l 2-foot right-of-way along 188`� Street for Lots 9 and 10. Continenza Variance Request Page 8 May 21, 2013 Scandia, Minnesota 8. The applicant shall provide a grading plan for proposed improvements on the site, for review by City staff. 9. The applicant shall obtain the required Watershed Permits and Stormwater Worksheets for stormwater management and erosion control. 10. The lowest floor elevation of the home must be 2 feet above the 100-year flood elevation or 3 feet above the highest know water elevation on Big Marine Lake, to be verified with the Building Permit application. ] 1. The Applicant shall pay all fees and escrows. CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 05-21-13-03 APPROVING VARIANCE FOR 13350-188TH STREET NORTH WHEREAS, Jeff Balmer, Lands End Development has made application on behalf of James V. and Sandra K. Continenza for a lot-line adjustment and variance from the minimum lot size requirement of 2.0 acres to allow construction of a home and related improvements on two existing lots that total .97 acres, located at 13350 18g`�, Street North Street North, City of Scandia; and WHEREAS, the property is legally described as follows: Lots Nine and Ten, Anderson's Big Lake 2"d Addition, Section 34, Township 32 North, Range 20 West; and WHEREAS, a lot line adjustment is required due to the encroachment of a neighboring structure onto Lot 9; and WHEREAS, the Planning Commission reviewed the request at a duly noticed Public Hearing on November 1, 2011, and recommended approval; WHEREAS, the City's Wastewater Committee reviewed the request for connections to the Anderson/Erickson wastewater treatment system and the capacity of the system to allow two new connections, and the applicant has revised the plans to address the Committee's recommendations; 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 lot-line adjustment and variance to allow a lot size of.97 acre, based on the following findings: 1. Granting the requested variance is in harmony with the Comprehensive Plan goals and policies for the General Rural District and Shoreland Overlay District. Resolution No.: OS-21-13-03 • Page 2 of 3 2. The property owner proposes to use the property for a single-family residence, which is a reasonable use in the General Rural District and Shoreland Overlay District. 3. The size and dimensions of the lots were not created by the property owner. 4. The proposed lot size and use are consistent with the essential character of the surrounding General Rural District and Shoreland Overlay District. 5. The request is related to the size of the existing nonconforming lots, not economic conditions. 6. The revised plans will not negatively impact neighboring properties, traffic or public services. FURTHER BE IT RESOLVED, that the following conditions of approval shall be met: l. The development on the property shall be in substantial compliance with the site plan and related materials submitted to the City on October 1 l, 2011 and the revised building plans submitted to the City on May 6, 2013. 2. The applicant shall prepare and file the deed for the lot line adjustment. 3. The two parcels shall be combined into one parcel, and the deed recorded at Washington County before construction of the improvements on the property. 4. The existing cabin and accessory structures on Lots 9 and 10 shall be removed before construction of improvements on the property. 5. The applicant shall submit a Landscape Plan that meets the requirements of the Development Code and Shoreland Overlay ordinance to the City for approval by staff. 6. The building and site plans shall include two separate connections to the Anderson/Erickson waste water system�ne connection to serve the existing home on Lot 8 and a second connection to serve the new home on Lots 9 and 10. The Owners shall hook up to the waste water system at their own expense. The Owners shall install meters for each connection that are a type approved by the City, and shall pay all applicable connection and sewer user charges. 7. The owners shall dedicate to the City a 12-foot right-of-way along 188`" Street along Lots 9 and 10. 8. The applicant shall provide a grading plan for proposed improvements on the site, for review by City staff. 9. The applicant shall obtain the required Watershed Permits and Stormwater Worksheets for stormwater management and erosion control. ' Resolution No.: OS-21-13-03 Page 3 of 3 10. The lowest floor elevation of the home must be 2 feet above the 100-year flood elevation or 3 feet above the highest know water elevation on Big Marine Lake, to be verified with the Building Permit application. 11. The Applicant shall pay all fees and escrows. Adopted by the Scandia City Council this 21 st day of May, 2013. 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