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09.g1 Johnson Variance Fee Requesti9g; SCANDIA Staff Report Date of Meeting: June 20, 2023, City Council Meeting To: Mayor and City Council From: Kyle Morell, City Administrator Re: Johnson Variance Fee Request Background: At the Council's October 18, 2020, meeting, Council reviewed a variance request from Cindy and Harold Johnson to build a detached garage on two lots they own across the street from their house, 18941 Layton Ave. N. I have included the meeting minutes from that discussion. They were denied the variance because the code at the time did not allow for an accessory structure to be built on non-contiguous lots. Council directed staff to amend the accessory structure section of the code to allow exceptions for garages across the street. The Unified Development Code (UDC) adopted by the Council in 2022 allows the construction of their garage. Issue: Cindy and Harold would like to build a garage on the lots they own across from their home. While the UDC does not prohibit garage construction, a wetland on the lot north of the garage site requires a variance because the garage will be built within the 50 -foot wetland setback required by the City's Shoreland Ordinance. The garage would be located twenty feet from the wetland. The best I can tell, this was not a topic of discussion in 2020. I speculate this is due to the Zoning Code not allowing the garage to be built on the property. Therefore, there was no discussion about setback requirements for the property. The Johnson's lots are each 50 feet wide (100 feet total), but they are unable to move the garage outside of the wetland setback due to a sewer line that was installed through their southernmost lot to provide sewer service to 11155 190th St. N., as part of the 201 Sewer Project. Proposal Details: The Johnsons seek to build the same garage in the exact location as their original application in 2020. They desire to build it without a variance as they believe that was Council's direction in 2020 when their previous application was denied. Historically, when residents have filed multiple applications or petitions for the same project due to past denials, they pay the necessary fee each time they apply. This is done because each application requires a staff review and reporting. Fiscal Impact: The current Variance fee is $200.00, with a $1,200.00 escrow deposit. Options: 1) Approve Johnson's request to streamline the installation of their garage and eliminate additional variance costs 2) Deny Johnson's request and require a variance application for the installation of a garage Recommendation: Option 2 Attachments: Harold and Cindy Johnson petition to streamline the variance process and eliminate additional costs. Excerpt from October 20, 2020, Council Meeting Minutes June 3, 2023 Mayor and City Council Members: RE: Petition to streamline the variance process and eliminate additional variance costs. In August 2020, we requested approval to build a detached 28' x 42' garage on lots 5 & 6, Bliss Plat 2 Division. We are able to meet all road, side and rear setback and lot coverage requirements on these lots. The lots are directly across Layton Ave. from our primary residence, 18941 Layton Ave. N. We were denied the permit at the October 2020 City Council Meeting solely because the ordinance in place at the time did not allow for an accessory structure to be built on a non- contiguous lot. This has since been remedied in the newly adopted Unified Development Code. At the October 2020 City Council Meeting, there was a lengthy discussion to find ways to allow for a speedy resolution to the non-contiguous lot issue. The Mayor provided direction to modify the zoning to allow us to apply for a permit without variance to enable us to build the following year, 2021. Obviously, that didn't happen. We are now being advised that because the property adjacent to lot 5 is classified as a wetland, we must be 50 feet from the north property line and request a variance to be closer to the property line. However, the city has a sewer line running through our southerly lot 6 that was installed during construction of the 201 sewer project providing service to 11155 190th St. N. This prohibits us from moving the garage to the south. We are still requesting the same garage in the same location on the survey in the file from 2020. Two things that have changed since then, 1) the Development Code has been updated and 2) we obtained a driveway permit from the City last fall (2022), and installed a driveway on lot 5. We are petitioning the Mayor and City Council to streamline the variance process and eliminate additional variance costs. Thank you for your consideration of this request. Harold and Cindy Johnson 18941 Layton Ave. N. Marine on St Croix, MN 55047 651-433-3486 Cindy.harold78@yahoo.com October 20, 2020 Scandia City Council Page 4 of 8 Variance To Construct An Accessory_ Structure On Property, With No Primary Residence Across From 18941 Layton Avenue North. Harold And C wthia Jof:►rsufi Applicants. Resolution No. 2020-39 Planner Monson presented the recommendation from the Planning Commission to deny a variance request to construct a garage on vacant property across from 18941 Layton Avenue, the residence of applicants Harold and Cynthia Johnson. Monson explained the findings of denial based on not meeting the criteria for a variance — the request is not in harmony with the Comp Plan, would alter the essential character of the area, and is not a reasonable use of the property. Monson said it would be more advantageous to build a garage on the same property as the primary home. As well, the applicants recently converted an existing attached garage to living space and appeared to create their own hardship. Council member Kronmiller said there is no argument as to why the owner cannot combine his lots across the street with his primary lots. This will create a larger parcel to provide storage of items away from the lake, all good things and an example of what the City wants people to do. Other lots in the city have done this. Planner Monson stated that there is nothing in the zoning code to allow combination of non- contiguous lots that are separated by a roadway. Administrator Cammilleri said that the proposal is not unreasonable, but conflicts with how the ordinance is written. It may have been allowed in the past, but the code likely changed and staff cannot come up with findings to approve the variance. Mayor Maefsky said that in this case it may make sense but allowing it in other parts of the city could cause problems. If the ordinance is changed to allow accessory structures across roadways, it must be done carefully and thoughtfully. Kronmiller asked if the County will combine the lots into one parcel, why can't the City recognize it as one. Staff explained that as a tax parcel the County can process a lot combination, but the County does not have authority over municipal zoning codes. The City could develop a zoning code that is neighborhood specific and look at situations where this is appropriate. Maefsky agreed this would be a good way to move this request forward. Cindy Johnson said that there are three examples of garages across the street within one block of their home. They are making an effort to be good stewards of the property and doing the right thing by enclosing their belongings. Johnson asked what the timeline would be to amend the accessory structure ordinance. Staff explained that an amendment could be in place by next year's building season. Maefsky, second by Kronmiller, moved to adopt Resolution No. 2020-39, Denying a Variance for Parcels 31.032.20.11.0001 and 31.032.20.11.0002. Motion carried 5-0 by roll call vote. Maefsky, second by Kronmiller, moved to direct staff to amend the accessory structure ordinance to allow an exception for garages to be across the street. Motion carried 5-0 by roll call vote.