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5.b Staff report- Potter 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: Potter Variance Application Copies To: Brenda Eklund, Clerk Ken Cammilleri, City Administrator Dan Potter, Applicant Project No.: 18108.000 Potter Variance From: Evan Monson, Planner Routing: Date: April 27, 2021 SUBJECT: Variances to: exceed the requirements for residential accessory structures, construct a detached garage within the front and west side yard setbacks, construct a septic system within the west side yard setback, construct a deck and stairs within the lake side setback, and to have an impervious surface coverage for the lot exceed 25% MEETING DATE: May 4, 2021 LOCATION: 13260 182nd St N, PID 3303220440004 APPLICANT/OWNER: Dan Potter ZONING: General Rural (GR), Shoreland Overlay REVIEW PERIOD: May 14, 2021, 120-day July 13, 2021 ITEMS REVIEWED: Application and plans received March 15, 2021 DESCRIPTION OF THE REQUEST: The applicant is looking to make some changes to their existing property located on the south side of the city along Big Marine Lake. The proposed changes would include a new septic system, a new detached garage, and adding onto an existing deck located on the northeast corner of the house. The lot itself is nonconforming, as it is not meeting the minimum lot size for either the GR or Shoreland Overlay zoning districts. The existing house and its deck do not meeting minimum setbacks from the east side property line and the ordinary high water level (OHWL) of the lake, so they are nonconforming. The existing septic system is partially located within the west side setback; the new system would occupy a similar location. An old shed is located within the front and east side setbacks; the proposed detached garage would occupy this spot. Potter Variance Staff Report May 4, 2021 Scandia Planning Commission Page 2 As proposed currently, the improvements would result in the lot exceeding the impervious surface coverage limit of 25% by just over 5%. In order to exceed the 25% threshold, a variance is needed. The existing deck is nonconforming, so the additions to it require a variance. The lot already has an existing attached garage, so a new accessory structure would exceed both the number of and square footage permitted for a lot under one acre in size. The new septic system being located within a setback would also trigger a need for a variance. PROPERTY INFORMATION Parcel description: 13260 182nd Street North is located on the south side of the city along the Big Marine Lake. The parcel has 19,632 square feet of land located above the ordinary high water level (OHWL), which makes it nonconforming to the minimum lot sizes required in the applicable zoning districts. The lot slopes down towards the river from the right-of-way. An existing house, not meeting the lake or east side setbacks, is currently located on the site. The location of the proposed detached garage are currently occupied by a garden and an old shed. Zoning: GR, Shoreland Overlay Land use: Single-Family Residential EVALUATION OF VARIANCE REQUEST Applicant’s Explanation of the Plan and Variance Request “We recently purchased our home (July 2020) on 182nd Street in Scandia along the SE bay of Big Marine Lake. We are excited to be part of this Scandia lakeside neighborhood and intend to make this home our primary year round residence and our future retirement home. As required for the purchase of the property, the septic system, which was installed in 1989 when the home was built, was inspected and deemed non-compliant per the latest standards. Therefore, we are submitting this application to replace the existing septic system with a new sub-surface sewage treatment system. The new system design incorporates the latest technology including a time dosed delivery offering the best protection methods to protect the groundwater and surrounding wetlands. Also, as part of this application, we wish to add a new detached 2-car garage that offers an off- street parking area. We have found during the winter months that the driveway becomes extremely slippery and dangerous due to the steep grade making the current garage unusable at times. We feel a modestly sized garage as proposed will alleviate this hardship and we intend to take reasonable measures to minimize impervious surface impact and direct as much run-off as feasible away from the lake. Finally, we wish to add a staircase with a small addition to an existing deck at the rear of the house to provide for an emergency egress/exit and area for a grill/table off the kitchen of the house. Currently the only entrance/exit on the main floor of the house is the front entrance on the south side at grade level. This exit is also near the inside staircase to the lower level of the house. Due to the steep slope of the property a staircase would be required off of the main floor on the north side of the house to get to grade level. There is a currently an exterior door and Potter Variance Staff Report May 4, 2021 Scandia Planning Commission Page 3 small deck at the NE corner of the house that would be utilized to provide a second exit from the upper level in case of an emergency. We believe this request is reasonable and that the proposed changes fit within the character of the neighborhood. We believe the septic system is well thought out and properly designed for the property. Also, there are currently multiple detached garages in the neighborhood and many more significant lakeside decks and staircases throughout the neighborhood. We would appreciate your approval of our application as proposed. Thank you for your consideration of our application.” Staff Comments on the Variance Request Engineer The City Engineer provided the following comments on this request:  Street culvert elevation needs to be verified on which way drainage flows. If it does not flow south proposed improvements should not be approved. With additional imperious area the area along the road and existing fence parallel to 182nd Street N really needs to establish a ditch if proposed improvements are approved. Construction of garage or ditching needs may require relocation/removal of fence. Placing a permanent structure within front setback could create future ongoing issues. City won’t be responsible for any building damage or flooding and recommend also executing an encroachment agreement if garage is approved as is. If garage is shifted further north outside setback requirements still recommend to complete some ditching along roadway.  Proposed deck being located less than 4 feet from property line could create drainage issues onto adjacent property and or liability issues. Information provided is hard to review specific area and a site visit shall be completed by the Planning Commission to review closer.  Site improvements shall be within compliance of the Watershed District. Stormwater management improvements shall be anticipated as conditions of approval for their permit.  Proposed improvements will result in loss of some tree canopy and discussion on if tree replacement plan should occur to show tree replacements on the final plans if required.  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. Should be anticipated a lot of grading will be needed along the septic tanks side lot line to ensure drainage does not discharge onto adjacent property.  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 will be permitted by Washington County. Potter Variance Staff Report May 4, 2021 Scandia Planning Commission Page 4  Verify slope of driveway being proposed on new garage, does this garage need a full width driveway? o This would be an easy place to remove the full width to reduce impervious area. o Also could the small existing shed in the north be removed with the new proposed large garage to reduce impervious area? Watershed The CMSCWD noted the following would need to be done in order for a watershed permit to be issued:  Stormwater management - A stormwater management plan with BMPs. This can be incorporated from the conversation we had about raingardens and the potential placement of a raingarden. The BMPs should be sized based on the total impervious like we previously discussed. The stormwater management plan should include how stormwater will be routed to the BMPs and how the BMPs will be constructed. I’ve attached the CMSCWD’s guidance document for raingarden construction in case that is helpful, as we’ve discussed that as an option for you previously.  Erosion and sediment control - An erosion and sediment control plan for construction on the site. This includes: silt fence, bio logs, a rock construction entrance, protection of BMPs, revegetation plans for disturbed areas (usually grass seed or sod), and the construction sequence.  Marking of the lake buffer (approximately 29 ft.).  Submittal of additional permit application fee ($250) to cover buffer requirements.  Confirmation of approval of variance request from City of Scandia.  A draft Declaration for Maintenance of Stormwater Facilities (not signed or notarized).  A draft Buffer Declaration. DNR The East Metro Area Hydrologist did not have any comments at the time of this staff report. Development Code The Development Code notes in Chapter Two, Section 2.6 the setbacks for the General Rural (GR) zoning district. The side setbacks are 20 feet, while the front setback is 40 feet. The Shoreland Management Regulations, Chapter Five of the Development Code, note the setback from the OHWL of a ‘recreational development’ lake is 100 feet. The existing house is within the lake setback and the side setback, meaning a variance is necessary for the proposed addition to the existing deck. The house is currently 58.7 feet from the OHWL; the additions to the deck would be at a minimum 50.2 feet from the OHWL. The house currently sits just over 8 feet from the east side property line; the steps would at a minimum be 3.3 feet from the east side property line. The proposed septic system would be within the 20 foot setback from the west side property line. The Shoreland Management Regulations require a setback of 75 feet from the OWHL of ‘recreational development’ lakes; which this system would meet. Potter Variance Staff Report May 4, 2021 Scandia Planning Commission Page 5 There is an existing shed and garden near the spot of the proposed detached garage. The shed is within both the west side and front setback; the proposed garage would be set back a few feet further from the property lines than the existing small shed. The Shoreland Management Regulations limit the impervious surface coverage of lots in the Shoreland Overlay to 25% of the lot. Currently, the lot is at 23.3%, though the proposed improvements would bring the lot to an impervious surface coverage of 30.0%. The small size of the lot (19,632 square feet) means any additions or improvements with an impervious surface add up quickly. Proposed Size (in square feet) Detached Garage 720 Driveway 490 Deck 200 Total proposed 1,410 Existing Impervious surfaces 4,465 Proposed + Existing 5,892 Lot Size 19,632 The proposed detached garage would also exceed the square footage and number of accessory structures permitted for a parcel under one acre, as the existing attached garage is 484 square feet in size. 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. Due to its existing location, any additions to the deck require a variance. The proposed new septic system would meet all other requirements, apart from the 20 foot setback from the side property line. The proposed garage would exceed the current requirements of the Development Code. Combined, the proposed improvements would exceed the maximum threshold of impervious surfaces on one lot. The project would require extensive work to mitigate issues with drainage, stormwater, and erosion control. Conditions for approval should be considered to meet the Comprehensive Plan land use objective of ‘conducting development in a manner that is sensitive to the impact upon natural features and to environmental constraints, including but not limited to scenic views, surface water, wetlands, slopes, woodlands, vegetation, drainage ways, shorelands, and flood plain areas’. The Planning Commission should have conditions of Potter Variance Staff Report May 4, 2021 Scandia Planning Commission Page 6 approval to ensure the request is 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). The current use of the property is single-family residential, which would not change if these variance requests are approved. The property is in the GR and Shoreland overlay zoning districts, which permit single-family residential use. Proposing to continue to use the property for residential use is a reasonable use.  The practical difficulties are not caused by the landowner and are unique to the property. The practical difficulties are due to the lot and house being nonconforming. The lot itself does not meet the minimum lot size, or buildable area (1 acre) requirements of the underlying zoning district and the overlay. These nonconformities were not created by the landowner. This lot was legally created long before the current regulations were adopted, as was the house. 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. The proposed variances would be for an addition to an existing deck, a new detached garage, a new septic system, and exceeding the impervious surface coverage of the lot. The new septic system would be necessary to meet modern standards, and would not differ from systems found throughout the area. The use and function of the property would remain residential, as is the use of other nearby lots in the area. The additions to the existing deck on the house are small. Due to the existing location, any such changes will be located within a setback area. It is unlikely these additions would alter the character of the neighborhood. As a result of the placement of the septic system, the new detached garage would be located within the front setback area. This location is already occupied by an existing small shed. Replacing the small shed with a detached garage may stand out, but would not be abnormal, as some developed lakeside lots have detached accessory structures located in or near the front setback. Having a high percentage of the lot as impervious surface areas is an issue that will require proper work be done to prevent runoff from impacting other properties. Without proper mitigation, runoff can cause issues that would alter the character of the area. The Planning Commission should have conditions of approval to ensure the request would not alter the essential character of the area. Potter Variance Staff Report May 4, 2021 Scandia Planning Commission Page 7  Economic conditions alone shall not constitute practical difficulties. The practical difficulties are related to the existing structure not meeting the current setbacks required by the code, and the existing lot being nonconforming. 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 still be 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. Given the size of the lot, and the location of the house, it would be hard to find an acceptable location for the new septic system that isn’t within a setback area. It would appear the proposed location is the most minimal action required. The existing deck and house are nonconforming to current setback requirements, which result in any addition needing a variance. The proposed addition of the deck to extend out and have stairs is not a large addition. A reduced intrusion into the lake setback could be made, though any other locations for stairs off the deck would likely trade an intrusion into the side setback for a further intrusion into the lake setback. The requested variance for the detached accessory structure to be within the front yard setback is due to the location of the proposed septic system. Apart from reducing the size of the structure, there are few alternative actions that would be more minimal. A reduction in the size of the structure would be a more minimal action in regards to the impervious surface area of the lot, though, along with reducing the length of the driveway. The requested variance for the septic system is the minimum action required to eliminate the practical difficulty. The requested variances for the addition onto the existing deck appear to be the minimum actions required. The variances requested for the detached accessory structure and the impervious surface coverage of the lot could be reduced if changes to the current site plan are made. Potter Variance Staff Report May 4, 2021 Scandia Planning Commission Page 8  Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. The variances are not related to a need for direct sunlight for solar energy systems. The findings support granting a variance for the location of the septic system and the proposed additions to the existing deck. The findings could support the variance for the garage and exceeding the impervious surface coverage if the Planning Commission adds conditions to mitigate issues with runoff and drainage. 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 STAFF RECOMMENDATION If the Planning Commission finds the requests should be approved, the following conditions of approval for the variances are recommended: 1. The proposed improvements to the property shall follow the setbacks indicated on the survey reviewed with this request. 2. The applicant shall secure applicable permits from the Carnelian Marine St. Croix Watershed District, and comply with their requirements. 3. 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 proper erosion control measures are taken. 4. Documentation from W ashington County approving a new septic system shall be turned into 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.