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HomeMy WebLinkAboutItem 9 Variance Request 7-2-13 City of Lake Elmo Planning Department Variance Request To: Planning Commission From: Nick M. Johnson, City Planner Meeting Date: 06/24/2013 Applicant: Mary Florence Brink and Thomas W. Brink Owner: Mary Florence Brink and Thomas W. Brink Location: 4719 Olson Lake Trail Zoning: RS – Rural Single Family Introductory Information Application Summary: The City of Lake Elmo has received an application from Mary Florence Brink and Thomas Brink, 1941 Millbank Street Southeast, Grand Rapids, Michigan, for a variance to construct a single family home with a covered deck that encroaches on the 100-foot setback from the Ordinary High Water (OHW) level per the City’s Shoreland Ordinance. The proposal involves the demolition of an existing single family home, followed by the construction of a new single family home in its place. The applicant has provided a written statement to the City indicating the reason for the encroachment of the covered deck (screened porch) into the 100-foot shoreland setback. In addition, the applicant narrative addresses how the proposed variance meets the 4 required findings to grant a variance. Property Information: The property at 4719 Olson Lake Trail North (CSAH-13) is located on the western shore of Olson Lake in Lake Elmo. The attached location map details the location of the property. Applicable Codes: Section 150.255 – Shoreland Standards (D) Placement, design, and height of structures. (1) Placement. When more than 1 setback applies to a site, structures and facilities must be located to meet all setbacks. Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the ordinary high water level, provided the proposed building site is not located in a shore impact zone or in a bluff impact zone. Structures shall be located as follows. (a) Structure and on-site sewage system setbacks. Structure and on-site sewage system setbacks (in feet) from ordinary high water level. Variance Request; 4719 Olson Lake Trail N. Planning Commission Report; 6/24/13 Setbacks From OHW Classification Structures Sewage Treatment System Natural Environment 150 feet 150 feet Recreational Development 100 feet 75 feet Tributary 100 feet 75 feet Section 150. 256 Non-Conformities (2) Additions/expansions to non-conforming structures. (a) Additions/expansions. All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height, and other requirements of § 150.255. Any deviation from these requirements must be authorized by a variance pursuant to § 150.253(B)(2). (b) Decks. Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria and standards are met. 1. The structure existed on the date the structure setbacks were established. 2. A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure. 3. The deck encroachment toward the ordinary high water level does not exceed 15% of the existing setback of the structure from the ordinary high water level or does not encroach closer than 30 feet, whichever is more restrictive. 4. The deck is constructed primarily of wood and is not roofed or screened. Section 150.017 Variances. (A-I) Variances. Identifies procedures and requirements for the processing and review of a variance application. Please note that this section was recently updated by the City to comply with revisions to Minnesota State Statutes. Findings & General Site Overview Site Data: Lot Size: 0.56 acres Existing Use: Single Family Detached Dwelling Existing Zoning: RS – Rural Single Family Property Identification Number (PID): 08.029.21.14.0060 Page 2 Variance Request; 4719 Olson Lake Trail N. Planning Commission Report; 6/24/13 Application Review: Variance Review: As outlined in the narrative, the applicant is seeking to build a new single family home at 4719 Olson Lake Trail North in nearly the same footprint as the existing home. The proposal includes a deck with a covered porch within the shoreland setback. The Shoreland Ordinance requires a 100’ setback for structures for recreational development lakes. It should be noted that that existing home has a deck that encroaches within the 100- foot setback from the OHW. Per the code section pertaining to non-conformities in the Shoreland District (§150.256.B.2.b.), decks are considered a permitted encroachment into the shoreland setback, as long as the encroachment does not exceed 15%. However, the reason that the proposal requires a variance is that they wish to have part of the deck covered as a screened porch, which is not allowed under the permitted encroachment of a deck. Regarding the need for a covered porch, the applicants have indicated that Thomas Brink is strongly allergic to vespids, or wasps/bees. Therefore, a covered porch on the deck would greatly increase the applicants’ ability to enjoy their property. Regarding the location of the deck, the applicant’s have stated that the existence of multiple mature oak trees prevent the screened porch from being located on the North side of the home. Staff conducted a site visit on June 18th, 2013 and confirmed the location and significant size of the trees referenced in the application. The applicants would like to preserve these mature oak trees for the screening they provide, as well as their environmental value to the property. Variance Requirements: An applicant must also establish and demonstrate compliance with the variance criteria set forth in Lake Elmo City Code Section 154.017 before an exception or modification to city code requirements can be granted. These criteria are listed below: 1. Practical Difficulties. A variance to the provision of this chapter may be granted by the Board of Adjustment upon the application by the owner of the affected property where the strict enforcement of this chapter would cause practical difficulties because of circumstances unique to the individual property under consideration and then only when it is demonstrated that such actions will be in keeping with the spirit and intent of this chapter. Definition of practical difficulties - “Practical difficulties” as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by an official control. 2. Unique Circumstances. The plight of the landowner is due to circumstances unique to the property not created by the landowner. 3. Character of locality. The proposed variance will not alter the essential character of the locality in which the property in question is located. 4. Adjacent properties and traffic. The proposed variance will not impair an Page 3 Variance Request; 4719 Olson Lake Trail N. Planning Commission Report; 6/24/13 adequate supply of light and air to property adjacent to the property in question or substantially increase the congestion of the public streets or substantially diminish or impair property values within the neighborhood. Given the information that has been submitted by the applicant and pending further review by the Planning Commission, staff would offer the following suggested findings specific to the variances that have been requested by the applicant: 1. Staff finds that the proposed use of a covered porch in the proposed location is a reasonable use of the property. Given that the applicant has an allergy to bees and wasps, a screened porch seems like a reasonable use of the property not permitted by an official control. In addition, the applicant has demonstrated that the proposed location of the porch is the most suitable location on the site given the location of the two mature oak trees. Staff determines that this criterion is met. 2. The location of the mature oak trees is a unique circumstance not created by the landowner. The applicant has also noted other physical constraints of the lot that impact their ability to site the porch in another location. After analyzing the surveys and conducting a site visit, Staff determined that the proposed location of the covered porch is the most suitable location. Staff determines that this criterion is met. 3. The applicant has noted that the architectural design of the home (and porch) will not conflict with the essential character of the neighborhood. Staff finds that the approval of the variance to allow the covered porch will not alter the character of the neighborhood. Staff determines that this criterion is met. 4. The proposed variance will not impair an adequate supply of light and air to property adjacent to the property in question or substantially increase the congestion of the public streets or substantially diminish or impair property values within the neighborhood. Staff determines that this criterion is met. Conclusions: Staff finds that the applicants have met the 4 necessary criteria for a variance and demonstrated that the desire to build a covered porch is a reasonable use of the property not permitted by an official control. Staff has reviewed the proposed location of the porch and conducted a site visit, confirming that the plight of the landowner is due to circumstances unique to the property. Staff finds that the proposed location of the covered porch is the most suitable location on the site. Conclusion: Mary Florence Brink and Thomas Brink, 1941 Millbank Street Southeast, Grand Rapids, MI, have submitted a request for a variance to construct a covered porch within the 100-foot shoreland setback at 4719 Olson Lake Trail North. The covered porch will be constructed as part of a project to construct a new single family home. Page 4 Variance Request; 4719 Olson Lake Trail N. Planning Commission Report; 6/24/13 Staff Rec: Staff is recommending that the Planning Commission recommend approval of the variance request by Mary Florence Brink and Thomas Brink given that the request meets the four criteria for a variance. Approval Motion Template: To approve the request, you may use the following motion as a guide: “Move to recommend approval of the variance request at 4719 Olson Lake Trail North to allow the construction of a covered porch within the 100-foot shoreland setback based upon the findings outlined in the Staff Report.” cc: Mary Florence Brink and Thomas Brink Page 5 OLSON LAKE LAKEDEMONTREVILLE Source: Esri, i-cubed, USDA, USGS, AEX, GeoEye, Getmapping, Aerogrid, IGN,IGP, and the GIS User Community Data Scource: Washington County, MN 6-17-2013 Location Map: 4719 Olson Lake Trail North K4719 Olson Lake Trail North Municipal Boundary 0 400 800200 Feet 1"=400' 456713 Brink Variance—4719 Olson Lake Trail North Site Visit: June 18, 2013 North side of Brink Property w/two mature oak trees North side of deck and structure Location of future covered porch View of the rear of existing home