7.b)2) TKDA Memo-Kevin Johnson Variance and CUP Application 444 Cedar Street,Suite 1500
�% Saint Paul,MN 55101
651.292.4400
� tkdo.com
TKDA
Memorandum
To: Scandia City Council Reference: Kevin Johnson Variance and CUF
Kristina Handt, City Application,
Administrator City of Scandia
Copies To: Kevin and Renee Johnson,
owners
Darrin Harder, S.A. Johnson Project No.: 15253.014
Construction LLC
From: Sherri Buss, RLA AICP, Routing:
Planner
Date: June 12, 2013
SUBJECT: Johnson Variance and CUP Request for Garage Addition
MEETING DATE: June 18, 2013
LOCATION: 18941 Layton Avenue North
Scandia, Minnesota
APPLICANTS: Kevin and Renee Johnson
8801 Bryant Avenue South
Minneapolis, MN 55440
ZONING: General Rural District and Shoreland Zone
60-DAY PERIOD: July 13, 2013
ITEMS REVIEWED: Application and Plan received May 13, 2013
BRIEF DESCRIPTION OF THE REQUEST:
The applicants are requesting a variance to build an attached garage between the existing
home and Layton Avenue North. The proposed location requires a variance from the setback
required from the street right-of-way and a Conditional Use Permit (CUP) for a proposed second
story.
The property includes two lots and .28 acres. The property is located in the General Rural (GR)
District and within the Shoreland Zone of Big Marine Lake, a Recreational Development lake.
An employee owned company promoting affirmative action and equal opportunity
Johnson Variance Staff Report
Scandia City Council Page 2 June 18, 2013
DETAILED EVALUATION OF THE VARIANCE REQUEST:
Comprehensive P/an
The Comprehensive Plan indicates that the General Rural District includes areas of mixed lot
sizes, and will continue to do so. Single-family residential uses are 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 Shoreland Overlay
District also permits single-family residences and accessory structures. The Comprehensive
Plan acknowledges that the General Rural District and Shoreland Overlay District include
existing small, non-conforming lots.
The proposed use of the property and existinq lot size are consistent with the qoals of the
Comprehensive Plan for the General Rural District and Shoreland Overlav District.
Deve/opment Code Requirements: Lot Size and Setbacks
The applicants' lot includes two parcels and a total of .28 acres. The General Rural District
requires a minimum lot size of 2.0 acres, and the Shoreland Overlay District requires that
existing lots on Recreational Development lakes meet the lot size requirements of the
underlying district The lot is therefore an existing nonconforming lot in the General Rural District
and Shoreland Overlay District.
The required setbacks in the Shoreland Overlay District for Big Marine Lake (a Recreational
Development lake) and the underlying General Rural District include the following:
• Right-of-Way Line of a Public Street: 40 feet
• Side: 10 feet
• Rear: 50 feet
The Shoreland Overlay District requires that structures be setback a minimum of 100 feet from
the Ordinary High Water Level of Recreational Development Lakes.
The proposed qaraqe addition does not meet the setback requirement from the riqht-of-wav of
Lavton Avenue, and therefore requires a variance. The existing and proposed structure meet
the side setback requirements.
The applicants considered the option to place the garage on the adjoining lot. However, if the
structure were setback from the road right-of-way to meet the Code requirements, it would
require a variance from the setback from Big Marine Lake, and it would cross the existing sewer
line that serves the home (see attached sketch). This option would also create a larger area of
impervious surface for the driveway within the Shoreland Overlay District.
Accessory Structures
The Development Code allows one non-agricultural accessory structure up to 720 square feet in
size on lots less than 1 acre in size. The property includes one existing 153 square-foot shed.
The proposed garage will be attached, and therefore is not bound by the square-footage
requirements for separate structures.
The applicants are proposing to remove the existing shed in order to meet the lot coverage
requirements. The proposed plan meets the accessorv structure requirements.
1
Johnson Variance Staff Report
Scandia City Council Page 3 June 18,2013
Lot Coverage
The Shoreland District allows impervious coverage up to 25% of the area of the parcel that is
above the Ordinary High Water Level (OHWL). The initial plan submitted by the applicants
exceeded the impervious coverage allowed on the parcel. The applicants revised the plan to
meet the coverage requirement. They propose to remove the existing shed and reduce the size
of the existing deck to meet the coverage requirement.
The size of the lot above the OHWL is approximately 0.275 acres (11,979 square feet). The
proposed lot coverage with the garage expansion and removal of the shed and reduction of the
size of the existing deck would be 2,980 square feet, or 24.8% of the lot area above the OWHL.
The revised qlan meets the ordinance requirement for lot coveraqe.
Building Height
Based on the plans included with the application, the proposed new garage will be
approximately 15 feet in height, based on the City's definition of building height.
The ordinance allows a maximum building height of 35' in the General Rural District. 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 Watershed District and the Minnesota
DNR for review and comment. Any agency comments received before the Planning
Commission meeting will be presented at the meeting on June 4. It is likelv that the proiect will
require a Watershed District Permit, and the conditions require that the applicants obtain anv
required permits from the District.
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 aradinq permit if the land disturbance exceeds
1,000 sauare feet.
Landscape Plan
No landscape plan is required for the expansion.
CRITERIA FOR VARIANCES AND FINDINGS
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 other variance criteria include:
1
Johnson Variance Staff Report
Scandia City Council Page 4 June 18,2013
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 applicant is requesting a variance from the Development Code requirements to place the
garage within the required setback from the road right-of-way. The required setback is 40 feet.
The proposed structure is located approximately 18 feet from the right-of-way. The applicant's
variance rationale is that the proposed location is the only potential location due to the layout of
the existing building and the existing well and septic locations. The current owner did not create
those conditions.
PLANNING COMMISSION PUBLIC HEARING AND DISCUSSION
The Planning Commission held a Public Hearing for this application on June 4. Neighbors
spoke in favor of granting the variance. Based on its site visit, the Commission concurred with
the staff findings, and noted that locating the proposed garage on the northern parcel would
affect neighbors' views of the lake more than the proposed location. The Commission
questioned whether the space above the garage is part of the dwelling for attached garages,
and therefore the condition related to prohibiting "habitable" space is not needed, as it would be
for a detached garage. The Planner reviewed the code and noted that the issue of"habitable"
space applies to "all" accessory structures, not only detached structures.
Findings
The following bullets present the Planning Commission's findings related to the Johnson's
request for a variance, based on the statutory criteria for granting a variance. Each of the
criteria is shown in italics:
• Variances shall only be permitted when they are in harmony with the general purposes
and intent of�the official control.
The Comprehensive Plan supports single-family residential uses in the General Rural
District and Shoreland District. The Plan and Shoreland District recognize that a variety
of lot sizes exist in the District and Overlay District, including existing nonconforming
lots, and that those lot sizes will continue to exist. Accessory structures are permitted in
the GR District and Shoreland District. The proposed garage location will not impact the
setback from the OHWL of Big Marine Lake, will protect lake views and minimize
impervious surface compared to potential locations that would meet the right-of-way
setback requirement, supporting several goals for the Shoreland Overlay District
1
Johnson Variance Staff Report
Scandia City Council Page 5 June 18,2013
regulations. The requested variance is in harmony with the general purposes and intent
of the Comprehensive Plan.
• The property owner proposes to use the property in a reasonable manner under the
conditions allowed by official control(s).
Single Family Residences and accessory structures are reasonable uses in the General
Rural District and Shoreland Overlay District. The City has considered garages to be a
necessary accessory use in Minnesota's climate.
• The practical difficulties are not caused by the landowner, and are unique to the
property.
The proposed location of the garage is based on the small size of the parcel, the location
of the existing home and sewer line, and the location of the Ordinary High Water Line
(OHWL) of Big Marine Lake. The difficulties were not caused by the current landowner,
and are unique to the property.
• The variance would not alter the essential character of the area.
The applicants' home is near other residential structures to the north and south along
Layton Avenue that have garages that are closer to the road right-of-way than the
current Code allows. The proposed garage 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 existing lot, the location of the
existing sewer line and home, and the distance to the OHWL of Big Marine Lake. The
difficulties are not due to economic conditions alone.
• 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 proposed location will preserve views of the lake. The location of the proposed
garage is similar to other properties in the neighborhood.
• The required variance is the minimum action required to eliminate the practical difficulty.
The proposed structure will provide a two-car garage on a residential property that
currently does not have a garage. The applicants are proposing to eliminate an existing
shed and reduce the area of impervious surface to meet the ordinance requirement as
they add the garage and driveway. Others potential locations would create conflicts with
the existing sewer service for the property, infringe on the required lake setback, and
require a larger impervious driveway surface within the Shoreland Overlay District. The
7
Johnson Variance Staff Report
Scandia City Council Page 6 June 18,2013
proposed action is the minimum required to eliminate the practical difficulty and avoid
conflicts with other Code requirements.
• Practical difficulties include, but are not limifed 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.
CONDITIONAL USE PERMIT CRITERIA AND FINDINGS
The Development Code, Chapter 2, Item 3.2 (3) requires that "All accessory structures, except
agricultural buildings such as barns or silos on parcels of 20 acres or larger in size, shall be
limited to one story in height except by approval of a Conditional Use Permit." The proposed
garage includes a loft area that is greater than 7 feet in height, so it qualifies as a second story
and requires a conditional use permit.
The general criteria for granting a Conditional Use Permit (CUP) include the following:
• The conditional use will be in compliance with and not have a negative effect upon the
Comprehensive Plan, including public facilities and capital improvement plans.
• The use will promote or enhance public welfare, and will not be detrimental to or
endanger public health, safety, morals or comfort.
• The use will not be injurious to the use and enjoyment of other property in the immediate
vicinity, diminish and impair property values or scenic views.
• The use will not impede the normal and orderly development and improvement of
surrounding property for uses permitted in the district.
• Adequate public facilities are available to accommodate the use.
• The use shall conform to the applicable regulations of the district in which it is located.
• The use shall comply with the general and specific performance standards in the
Development Code.
The Planner finds that if the variance is granted to build the new garage, the request for the
Conditional Use Permit complies with the criteria above. The Planner's comments include the
following:
• The proposed structure will not have a negative effect on the Comprehensive Plan,
public facilities or the City's Capital Improvement Plan.
• The structure will not impact public welfare or endanger public health or safety.
• The proposed structure will not impair views or the values of adjacent properties. Other
nearby properties have similar garage structures. A detached garage constructed on the
adjacent lot would impair views more than the proposed structure.
• The proposed garage will not impede the development of surrounding properties.
• Public facilities are available to serve the proposed use.
• If the variance from the setback is approved, the use will meet the applicable regulations
of the District and it meets the performance standards of the Code.
The Planning Commission recommended that a condition be included for the variance that
allows the second story of the garage to be used for storage use only.
7
Johnson Variance Staff Report
Scandia City Council Page 7 June 18,2013
ACTION REQUESTED:
The City Council can take the following actions:
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 required setback from the road right-of-way for the proposed garage addition at 18941
Layton Avenue North, and approve the proposed Conditional Use Permit for a two-story
structure. The Commission recommends the following conditions for the variance and
conditional use permit:
1. The development on the property shall be in substantial compliance with the revised site
plan submitted to the City on May 24, 2013. The variance and CUP allow construction
of a garage no closer than 18 feet to the right-of-way of Layton Avenue.
2. The proposed second story may be utilized for storage only. It shall not be used as a
habitable space.
3. The applicant shall obtain a Building Permit from the City prior to construction of the
garage.
4. The applicant shall obtain the required Watershed District permit for storm water
management and erosion control.
5. The applicants shall combine the two adjacent parcels into one parcel. The applicants
shall provide verification of the lot combination from Washington County before a
building permit shall be approved.
6. The existing shed and deck shall be removed before the City shall approve the building
permit.
7. The Applicant shall pay all fees and escrows.
1
CITY OF SCANDIA, MINNESOTA
RESOLUTION NO. 06-18-13-03
APPROVING A VARIANCE AND CONDITIONAL USE PERMIT FOR 18941 LAYTON
AVENUE NORTH
WHEREAS, Kevin and Renee Johnson have made an application for a Variance to allow
construction of an attached garage approximately 18 feet from the right-of-way of Layton
Avenue North, which does not meet the required 40-foot setback from the right-of-way; and
have proposed that the garage be built with a second story, which requires a Conditional Use
Permit; and
WHEREAS, the property is legally described as follows:
Lots 21 and 22, Block 1, Holiday Beach, according to the recorded plat thereof, on file in
the office of the County Recorder, Washington County, Minnesota;
WHEREAS, the Planning Commission reviewed the request for the Variance and
Conditional Use Permit at a duly noticed Public Hearing on June 4, 2013, and
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 variance to allow construction of an attached garage approximately
18 feet from the right-of-way of Layton Avenue North 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.
2. The proposed single-family residential use and garage are a reasonable use of the
property under the Development Code.
3. The proposed location of the garage is based on the small size of the parcel, the location
of the existing home and sewer line, and the location of the Ordinary High Water Level
Resolution No.: 06-18-13-03
Page 2 of 3
of Big Marine Lake. These practical difficulties were not caused by the landowner and
are unique to the property.
4. The proposed expansion is consistent with the essential character of the surrounding
General Rural District.
5. The practical difficulties are related to the size of the existing lot, the location of the
existing sewer line and home, and the distance to the OHWL of Big Marine Lake. The
practical difficulties are not due to 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 ar endanger public safety or substantially diminish or impair property values in the
neighborhood.
7. The requested variance is the minimum needed to eliminate the practical difficulties
without creating additional conflicts with the Development Code. The proposed addition
will provide a garage on a property that does not currently have a garage. The applicant
will remove an existing shed and reduce the area of impervious surface to meet the
ardinance coverage requirement. Other potential locations would create conflicts with
the existing sewer service, infringe on the lake setback, impair lake views for other
residents, and require a larger area of impervious surface in the Shoreland Overlay Zone.
8. The practical difficulty was not related to inadequate access to direct sunlight for solar
energy systems; and
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 Conditional Use Permit to allow construction a second story on the
proposed garage at 18941 Layton Avenue North based on the following findings:
1. The proposed structure will not have a negative effect on the Comprehensive Plan, public
facilities or the City's Capital Improvement Plan.
2. The structure will not impact public welfare or endanger public health or safety.
3. The proposed structure will not impair views or the values of adjacent properties. Other
nearby properties have similar garage structures.
4. The proposed garage will not impede the development of surrounding properties.
5. Public facilities are available to serve the proposed use.
6. If the variance from the setback is approved, the use will meet the applicable regulations
of the District and it meets the performance standards of the Code.
Resolution No.: 06-18-13-03
Page 3 of 3
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 revised site
plan submitted to the City on May 24, 2013. The variance and CUP allow construction
of a garage no closer than 18 feet to the right-of-way of Layton Avenue.
2. The proposed second story may be utilized for storage only. It shall not be used as a
habitable space.
3. The applicant shall obtain a Building Permit from the City prior to construction of the
garage.
4. The applicant shall obtain the required Watershed District permit for storm water
management and erosion control.
5. The applicants shall combine the two adjacent parcels into one parcel. The applicants
shall provide verification of the lot combination from Washington County before a
building permit shall be approved.
6. The existing shed and deck shall be removed before the City shall approve the building
permit.
7. The Applicant shall pay all fees and escrows.
Adopted by the Scandia City Council this 18th day of June, 2013.
Randall Simonson, Mayor
ATTEST:
Kristina Handt, Administrator/Clerk
� � `�� ' � �
�e � � �� �
Carnelian-Marine-St. Croix Watershed District
Scandia Plaza Il•211g0 Ozark Avenue•P.O.Box 188+ Scandia,MN gg073�Tel 65�.433•Z150
May 31, 2013
Ms. Sherri Buss
TKDA
444 Cedar St, Suite 1500
St. Pau1,MN. 55101
re: Kevin Johnson Garage Addition Request
Dear Ms. Buss:
T'hank you for the opportunity to comment on the Kevin Johnson garage project. It
appears that the latest proposal meets the hardcover requirement not to exceed 25% so a
variance may not be needed in this regard.
However, a Watershed District Permit is still required since the additional square footage
added(900 s.f.)exceeds 5%of the lot square footage. The District will require the
applicants to treatJinfiltrate stormwater through the construction of raingardens or other
methods approved by the District. We would appreciate i#if Scandia conditions their
variance and/or permit with the requirement of our permit.
Thank you for the opportunity to comment on this project and do not hesitate to call with
questions.
S' erely,
J' Shaver
dministrator
cc: Ms. Kristina Handt City of Scandia
Mr. &Mrs Kevin Johnson
Carl Almer Emmons& Olivier Resources
file
e-mail IShever[�a CMSCWD.org website www.CMSCWD.org
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NOTES:
• EXlSTING IMPERNOUS AREA � 2443 SQ.FT.
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. AREA ABOVE THE ORDINARY HlGH WATER
ELEV.=0.275 ACRES.
• R1ERE WAS SNOW COVER WfiEN FIEID WORK
WAS PERFORMED. 1HERE MAY BE FE�TURES
BEARINGS SHOWN HEREON ARE ORIENTED TO 7HE 7}iAT WERE NOT LOCATED.
WASHINGTON COUNTY COORDINAIE SYSTEM, NAD . ORDINARY H1GH WATER ELEV.-942.2 (N.G.V.D.
83, 1996 ADJUSThtENT(HARN) 7929) PER D.N.R.
• NO UNDERGROUND UTIUTIES WERE LOCAlED.
CERTIFICATE OF SURVEY FOR: i hereby certify thot thie survey, plan o� .�at wa5
prepared by me or under my direct supervisian and that I
S.A. J�HNSON CONSTR UCTION am a duly Licensed Land Surveyar ��ee� �he �ow5 af ,he
State ot Minnesota. ���^;�
JOHNSON & SCOFIELD INC.
Nitchell A. Scofield
� SURVEYING AND ENGINEERING Revised: �Aoy 24, 2013 Minnesala License No. 48fi34
� Revised: May 20, 2013 Date: April 1, 2013
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O OENOTES A PLACEO I'BY 18' IRON PIPE � .� �k��
FIANNC A PUS11C CAP BEARINC LAND �
SURYEYOR UCENSE N0. 48634. �. .�
• DEN07E5 FOUND IRON YONUMENT, �Y
� DENOTES A PLACED B" LANDSCAPE SPIKE SE16AdC dSTANCES AS PER q1Y ZONING ORDINANCE;
HANNG A PLASi1C CAP BEnRINC LAND FRONi- 40 FEET
SURVEYOR LICEN� NO. 48634. SIOE- 10 FEEf
REAR- 100 FEET(MEASIREA FROM ORDINARY HIGFI WATER L1NE)
NOTFS:
• 14PERVIOUS AREA�1527 SQ.FT.
0 20 40 60 • AREA ABOVE TF1E ORDINARY HICH WATER
ELEV.�0.275 ACRES.
• 7HERE WAS SNOW COVER N6{EN FlQD WORK
WAS PERFORA1m. THEqE NAY BE FEP.7URES
BEAPoNGS SHONM HERE�! ARE ORIENTED TO iHE �T Po£RE NOT LOCATEp.
W/SHIN6TON COUNTY COORDiNAiE SY57EN, NAD • �DINARY MGH WATFR EIEV.=942,2 (N.G.V.D.
83, 7996 ADJUSTMENT(HARN) 1929)PER D.N.R.
� NO UNDERGROUND Ui1WTE5 VkRE LOCATEO.
CERTIFICATE OF SURVEY FOR: i ne��y e�tiry tnot tm, s,,.�,ey, pio, a r�«c �9
prepared by me or undtr my direet super�Anion and thol I
S.A. JOHNSON CONST�UCTIDN am a duly Lieenxd Land Surreyor��� th�,�s o�,,,�
Stote ot Ninnesota. ��!'s//" -`
�• JOHNSON & SCOFIELD INC.
S UR VEYING AND ENGINEERING r"a'm'�gota u�°�''�°no. ase3a
� Oate: AprA 1, 2013
507 VERMILLION STREET.HASTINGS.MN 55033 QK. NA PG. NA W.O.�' DRAWING NUMBER
(651�3&000o SHEET t Of i SHEETS 13-173 5-5115
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