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5b. PC Staff Report Boncher Variance TKDA | 444 Cedar Street Suite 1500 | Saint Paul, MN 55101 651.292.4400 • tkda.com An employee -owned company promoting affirmative action and equal opportunity. Memorandum To: Scandia Planning Commission Reference: Boncher Variance Application Copies To: Brenda Eklund, Clerk Ken Cammilleri, City Administrator Tim Boncher, Applicant Project No.: 18108.000 Boncher Variance Dana & James Tonrey, Owners From: Evan Monson, Planner Routing: Date: March 26, 2021 SUBJECT: Variance to build a house on a non-conforming lot MEETING DATE: April 6, 2021 LOCATION: 13160 182nd St N, PID 33.032.20.44.0015 APPLICANT: Tim Boncher OWNER: Dana and James Tonrey ZONING: General Rural (GR), Shoreland Overlay REVIEW PERIOD: May 4, 2021, 120-day July 3, 2021 ITEMS REVIEWED: Application and plans received March 5, 2021 DESCRIPTION OF THE REQUEST: The applicant is looking to build a single-family house on a currently vacant parcel of land located on the south shore of Big Marine Lake. The parcel is approximately 1.48 acres in size, with some wooded areas and slopes that drop towards the shoreline. The proposed house would have a footprint of roughly 3,400 square feet. Portions of the house would be built on a slope of 12% grade or greater. Buildings built on slopes between 12% and 18% require review by the City to ensure adequate measures are taken to prevent soil erosion, sedimentation, and potential structural damage. The parcel is currently vacant. It is less than the minimum size required in the GR zoning district (2 acres) and the Shoreland Overlay (2.5 acres). The Development Code for the city notes that a legal nonconforming, substandard lot of record that is vacant may be developed for one single family detached dwelling without variances and upon approval of an administrative permit provided it can meet eight criteria. One of those criteria is for the lot to be 66% of the dimensional standards for the underlying zoning district and, if applicable, the Shoreland Overlay. While the lot is more than 66% of the size needed for a lot in the GR district, it is below the 66% threshold for the Shoreland Overlay. Since the lot is Boncher Variance Staff Report April 6, 2021 Scandia Planning Commission Page 2 not 66% of the size needed for a standard lot in the Shoreland Overlay, the proposed single-family house then needs a variance to be issued. PROPERTY INFORMATION Parcel description: 13160 182nd Street North is located near the southern city limits of Scandia. It is on the south shore of Big Marine Lake. This lake is classified as a ‘Recreational Development’ lake in the Shoreland Management chapter of the Development Code. The parcel is fairly rectangular in shape, totaling approximately 60,928 SF, or 1.48 acres, in size. The parcel is wooded, with some slopes near the shore of the lake as well as outside of the setback areas. An old building noted as existing on the survey is to be removed; apart from that there are no other structures. Zoning: General Rural, Shoreland Overlay Land use: None, currently vacant EVALUATION OF VARIANCE REQUEST Applicant’s Explanation of the Plan and Variance Request “Lot size requirement is 2.5 acres. The lot is approximately 1.5 acres. This lot size of 1.5 acres is larger already than most all of the surrounding lots. We request this so that we can begin the process of building a home on the property.” Staff Comments on the Variance Request Engineer The City Engineer provided the following comments during the review of the variance:  Site improvements shall be within compliance of the Watershed District. Stormwater management improvements shall be anticipated as conditions of approval for their permit .  Tree canopy will be lost with proposed construction; if tree replacement plan will be required this should be shown on the drawings.  Existing road drainage culvert discharges directly into this property. Construction of driveway, mound system, and home will push drainage to the east and potentially onto the adjacent property if the lot is not graded correctly and take into account this direct discharge. Line of centerline path would be desired path of drainage towards lake until it’s passed the adjacent property structure.  Proposed project will disturb fifty (10) cubic yards or more and/or disturbance of 600 square feet or more, thus a grading permit will be required.  Soil piles and exposed vegetation areas must be contained with erosion control devices, including multi rows of erosion control considering how steep the slopes are on this site.  Temporary restoration may be required to contain any erosion. Upon completion of the grading, site restoration shall be completed as soon as possible.  Septic system/drainfield will be permitted by the authority of Washington County.  Driveway access permit will be required through Public Works.  Verify if any retaining walls are being proposed, if over four feet in height a building permit will be required for the wall.  Verify slope of driveway being proposed. Boncher Variance Staff Report April 6, 2021 Scandia Planning Commission Page 3 Watershed The Carnelian Marine St. Croix Watershed District provided the following comments:  Rule 2 Stormwater Management – Site is within 1,000’ of Big Marine Lake, a public water and groundwater-dependent natural resource. Land disturbance of 5,000 square feet along with creation of new impervious surface triggers stormwater management. Stormwater management BMPs should be sized in compliance with the District’s Small Residential Project Stormwater Worksheet. A stormwater declaration would also be required for maintenance of stormwater BMPs.  Rule 3 Erosion Control – An erosion/sediment control plan will be required, along with details for vegetation establishment.  Rule 4 Buffers – Applies only if a shoreline setback or % impervious variance is required: If a shoreline setback or percent impervious variance is required, a 100’ buffer from the OHWL would be required. This buffer would be further extended to the top of the steep slopes (12% or greater) located on site. A buffer declaration would be required, along with buffer signage, and restoration of vegetation (areas that are disturbed by construction, have invasive species, bare soil, or turf grass). DNR The Department of Natural Resources provided the following:  The East Metro Area Hydrologist did not have any issues with the request. Development Code Portions of the house would be built on a slope of 12%-18% grade. Per Chapter Two, Section 3.6(6)(C), buildings built on slopes between 12% and 25% require review by the City to ensure adequate measures are taken to prevent soil erosion, sedimentation, and potential structural damage. The Development Code notes in Chapter One, Section 13.5(1) that a legal nonconforming, substandard lot of record that is vacant may be developed for one single family detached dwelling without variances and upon approval of an administrative permit provided it can meet eight criteria. One of those criteria is for the lot to be 66% of the dimensional standards for the underlying zoning district and, if applicab le, the Shoreland Overlay district. While the lot is more than 66% of the size needed for a lot in the GR district (2 acres), it is below the 66% threshold for a lot in the Shoreland Overlay (2.5 acres). Variance Criteria and Findings Chapter One, Section 6.0 of the Development Code includes the criteria and required process for considering variance requests. Each item to be considered for a variance is identified below in italics, followed by the Planner’s findings regarding the requested variances.  Variances shall only be permitted when they are in harmony with the Comprehensive Plan and general purposes and intent of the official control. The proposed house is not encroaching into the required setbacks from the lake, or any other required setback. The impervious surface coverage of the lot would not exceed the limits in the Development Code. While portions of the house are on a slope, the grade is within what is Boncher Variance Staff Report April 6, 2021 Scandia Planning Commission Page 4 allowed to be built on. The proposed plans are in general harmony with the Comprehensive Plan and Development Code.  The property owner proposes to use the property in a reasonable manner under the conditions allowed by official control(s). This property is in the General Rural zoning district, which is guided for single-family residential use. Proposing use the property for residential use is a reasonable use in the General Rural District.  The practical difficulties are not caused by the landowner and are unique to the property. The practical difficulties are a result of the lot being substandard and not meeting the minimum requirements of the Development Code. The lot does not meet the minimum lot size, or buildable area (1 acre) requirements of the GR zoning district or the Shoreland Overlay. This lot was legally created before the current owners acquired it, so the substandard size is not caused by the landowner. The practical difficulties of the lot being non-conforming are not caused by the current landowner and are unique to the property.  The variances would not alter the essential character of the area. Lots nearby are small in size and used for single-family housing; this lot would not stand out if approved. The house would not be encroaching into any required setbacks, unlike many nearby properties. Granting 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 lot not providing the minimum amount of space as is required in the code. The practical difficulties are not only economic in nature.  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. Granting the requested variances would not result in limiting light or air to neighboring properties. The land use will go from vacant to single-family residential, so increases to congestion, fire danger, or public safety are not expected. The property values of neighboring values would not be negatively impacted, either, if the requested variances are granted. The requested variances will not impair the supply of light or air to adjacent properties, increase congestion, endanger the public, or substantially diminish or impair property values in the neighborhood.  The requested variance is the minimum action required to eliminate the practical difficulty. It does not appear there is a ‘more minimal’ action that could be taken to eliminate the difficulty of the lot being substandard. If the lot was meeting the minimum size (2.5 acres within the Shoreland Overlay), a variance would not be needed, as the house is proposed to be within the buildable area of the lot. The difficulty (the lot being less than the minimum size) is unable to be resolved without acquiring more land. Without additional land, the only option for the applicant is requesting this variance. The requested variance is the minimum action required to eliminate the practical difficulty. Boncher Variance Staff Report April 6, 2021 Scandia Planning Commission Page 5  Practical difficulties include, but 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. The findings support granting a variance to build a house on a non-conforming lot. ACTION REQUESTED The Planning Commission can recommend to the Scandia City Council that it do one of the following: 1. Approve 2. Approve with conditions 3. Deny with findings 4. Table the request PLANNING STAFF RECOMMENDATION The Planner recommends that the Planning Commission recommend approval of a variance to build a house on a non-conforming lot at 13160 182nd Street North. The following conditions for the variances are recommended: 1. The applicant shall secure applicable permits from the Carnelian Marine St. Croix Watershed District, and comply with their requirements. 2. A grading plan and erosion control plan shall be submitted to the city for review prior to issuance of a building permit, showing any areas of soil disruption, in order to ensure that drainage is not directed to adjacent properties and proper erosion control measures are taken. 3. Documentation from W ashington County approving a septic system shall be turned in to the city prior to issuance of a building permit. 4. A driveway access permit shall be acquired from the City. 5. The applicant shall secure any other applicable Federal, State, County, and local permits required for the project. 6. The applicant shall pay all fees and escrows associated with this application.