HomeMy WebLinkAbout14 - Glenwood Home Variance Request - 8690 Lake Jane Trail N. STAFF REPORT
DATE: 8/1/2017
REGULAR
MOTION
TO: City Council
FROM: Emily Becker, City Planner
AGENDA ITEM: Shoreland Variance Request to Allow Expansion of an Existing Non-
Conforming Structure Which Does Not Meet Minimum Structure Setback
from Ordinary High Water Level – 8690 Lake Jane Trail North
REVIEWED BY: Stephen Wensman, Planning Director
BACKGROUND:
The City has received application from Glenwood Homes of 10920 Kingsborough Ct S Cottage Grove,
MN 55016 for a variance to allow expansion of a non-conforming structure which does not meet the
required minimum structure setback standard from the Ordinary High Water Level (OHWL) within a
shoreland district of the City’s shoreland ordinance.
ISSUE BEFORE COUNCIL:
The City Council is being asked to consider and approve or deny the above-mentioned variance request.
PROPOSAL DETAILS/ANALYSIS:
Applicant: Glenwood Homes, 10920 Kingsborough Ct, Cottage Grove, MN 55016
Property Owners: Ben and Breanna Pepin, 8690 Lake Jane Trail North, Lake Elmo, MN 55042
Location: 8690 Lake Jane Trail North, PID# 09.029.21.42.0014, Lot 8, Block 1, Lake
Jane Manor No. 1, Washington County, Minnesota
Request: Variance from Shoreland Standard – Expansion of a Non-Conforming
Structure Not Meeting Minimum Structure Setback from the Ordinary High
Water Level
Existing Land Use: Single-Family Detached Residential Dwelling
Surrounding Land
Use:
Surrounded by other single-family detached residential dwellings and abuts
Lake Jane on the northerly side of the property
Existing Zoning: Rural Single Family/Shoreland Overlay District
Comprehensive Plan: Rural Single Family
History: The home was built in 1968, prior to the City’s adoption of its shoreland
ordinance.
Deadline for Action: Application Complete – 6/26/2017
60 Day Deadline – 8/25/2017
Extension Letter Mailed – N/A
120 Day Deadline – N/A
Applicable
Regulations:
Article V – Zoning Administration and Enforcement
Article XIX – Shoreland Management Overlay District
Page 2
Request Details. The applicant is proposing to construct a 640 square foot addition, 196 square foot
porch, 188 square foot patio, 626 square foot addition to his garage (including a 129 square foot storage
area), and a 12 foot X 10 foot temporary storage structure on the existing concrete pad to the east of the
proposed addition. The applicant is not able to expand the home on the front side of the house due to
septic setback standards and cannot expand the garage on the west side of the existing garage due to side
yard setback standards and so is requesting that the expansions be made to the side and rear of the lot. The
current home is currently non-conforming in that it is setback approximately 75 feet from the OHWL, and
the required structure setback from the OHWL is 100 feet.
Lot Details. The property meets all setbacks for the Rural Single Family Zoning district but does not
meet the minimum lot size requirement of 1.5 acres.
• Area: 29,195 square feet (0.67 acres)
• Front yard setback: 92.2 feet (40 feet required)
• Side yard setback (west): 16.4 feet (10 feet required)
• Proposed side yard setback (east): Approximately 28 feet (10 feet required)
• Proposed structure setback from OHWL: 75.1 feet (100 feet required)
• Proposed septic setbacks: approximately 32 feet from septic equipment and approximately 60
feet from drainfield (10 and 20 feet required, respectively)
• Existing Impervious Surface: 23.7% (6921 sf) (maximum 15% allowed)
• Proposed Impervious Surface Area: 23.2% (6772 sf) (maximum 15% allowed)
• Septic Permit Needs. The proposed addition will include a guest bedroom but will also convert an
existing bedroom in to living space and therefore no septic permit or inspection is required.
Impervious Surface. The existing amount of impervious surface on the lot totals 23.7%, which exceeds
the maximum amount allowed of 15%. The proposal also includes removing 235 square feet of
bituminous surface along with 1553 square feet of concrete (a total of 1788 square feet of impervious
surface), reducing the total impervious surface area on the property to 23.2%. It is a recommended
condition of approval that the escrow for the building permit include the cost of removal of the
impervious surface to ensure that the impervious surface on the lot does not increase as a result of the
proposed additions.
Nonconformities within a Shoreland. The City’s Shoreland Ordinance states that all additions or
expansions to the outside dimensions of an existing nonconforming structure must meet the setback,
height, and other requirements of the Shoreland Ordinance. Any deviation from these requirements must
be authorized by a variance. It should be noted that this provision in the ordinance was not drastically
changed in the 2017 amendment to the Shoreland Section of the Zoning Code, as previously an
improvement to a riparian substandard structure was allowed to extend laterally by a conditional use
permit (as opposed to a variance), provided it was in compliance with all other dimensional standard.
There is also a provision that allows setback averaging where structures exist on the adjoining lots on
both sides of a proposed building site, but the existing home on the subject lot is closer to the OHWL than
those of adjoining properties.
Minnesota Department of Natural Resources (MNDNR) Review. Per State Statute, the City is
required to notify the MNDNR of variance requests within a shoreland district. The MNDNR has
reviewed and responded to this variance request, and their response is attached to this report. The
MNDNR has recommended that if this variance is granted, that the City include the condition that the
impervious surface created by the further encroachment of the structure within the required setback from
the OHWL be mitigated. The MNDNR has specifically recommended that the condition be that the
Applicant direct rain gutter discharges into a rain garden (infiltration basin designed to capture and
infiltrate runoff). However, because the Applicant is actually reducing the impervious surface on the lot,
especially that within the required structure setback from the OHWL, Staff did not recommend to the
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Planning Commission that this condition be added. This condition had been recommended by Staff in
previous variance requests due to MNDNR recommendation, but that was because the impervious surface
was increased.
PLANNING COMMISSION REVIEW:
The Planning Commission held a public hearing and considered the variance request at its July 24,
2017 meeting. The public notice was mailed to property owners within 350 feet and published in the
official City newspaper. No public comments were received prior to the public hearing, though two
nearby property owners (Kelly and Susan Schmidt of 8644 Lake Jane Trail N and John Mayek of
8680 Lake Jane Trail N) wrote letters in support of the requested variance.
The Planning Commission had the following comments in regards to the requested variance:
There was concern about meeting the required finding that the plight of the landowner was due to
circumstances unique to the property not created by the landowner. Some felt that the landowner
should have been aware of the shoreland ordinance standards and that the home was non-conforming
and therefore could not be expanded.
Some felt that the recommendation made by the MNDNR that a mitigation condition (such as
directing gutter discharges in to an infiltration basin) be added to the variance approval should be
followed, as it could further protect the lake.
The Planning Commission voted to recommend adding the following findings (added to the Unique
Circumstances criteria – Finding #3):
• The proposed additions do not increase the degree of non-conformity.
• The amount of impervious surface is not being increased.
The Planning Commission voted to recommend adding the following conditions to the variance
approval:
3) The Applicant shall either (at the Applicant’s option) use pervious pavers on the
proposed patio area or construct a rain garden (at a size as recommended by the Valley
Branch Watershed District) to contain runoff.
RECOMMENDED FINDINGS:
An applicant must 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, along with recommended findings from Staff and the
Planning Commission regarding applicability of these criteria to the applicant’s request.
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.
FINDINGS: The subject property was platted and the house was built prior to adoption of
Shoreland standards by the City and therefore the house does not meet the minimum structure
Page 4
setback requirement from the Ordinary High Water Level and is legal non-conforming. The property
owner wants to expand the current home and garage, and because of the location of the septic tank
and septic mound in the front yard as well as the location of the garage near the side yard, it is not
an option to do so in the front of the existing house or on the side of the existing garage.
2) Unique Circumstances. The plight of the landowner is due to circumstances unique to the
property not created by the landowner.
FINDINGS: The property owner did not plat the lot or construct the original home, which were both
done prior to adoption of the City’s shoreland standards.
3) Character of Locality. The proposed variance will not alter the essential character of the
locality in which the property in question is located.
FINDINGS: The proposed additions do not encroach any further than the existing deck in to the
setback from the Ordinary High Water Level of Lake Jane, and therefore the degree of non-
conformity is not being increased. The proposed addition will not further impair lake views for
adjacent or nearby property owners. Additionally, the proposed additions will not increase the
amount of impervious surface on the property; rather the Applicant will decrease the total amount of
impervious surface on the property by removing existing concrete and bituminous surface.
4) Adjacent Properties and Traffic. The proposed variance will not impair an adequate supply of
light and air to properties 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.
FINDINGS. The proposed additions will not further impair lake views of neighboring properties.
They also will not increase congestion of public streets or substantially diminish or impair property
values within the neighborhood.
FISCAL IMPACT:
None.
OPTIONS:
The Council may:
• Adopt Resolution 2017-083 approving the variance request with the recommended conditions of
approval.
• Amend recommended conditions of approval and adopt Resolution 2017-083 as amended.
• Not adopt Resolution 2017-083 and deny the variance request.
RECOMMENDATION:
Staff and the Planning Commission recommend the Council adopt Resolution 2017-083, approving
the request by Glenwood Homes for a shoreland variance request to allow expansion of a non-
conforming structure not meeting the minimum structure setback requirement from the Ordinary
High Water Level for the property located at 8690 Lake Jane Trail North, subject to the following
conditions of approval:
Page 5
1) The Applicant shall secure any required permits and plan approvals from the City and other
applicable jurisdictions.
2) The Applicant shall provide an escrow in the amount of an estimated cost of the removal of
the existing bituminous and concrete surface as shown on the proposed survey.
3) The Applicant shall either (at the Applicant’s option) use pervious pavers on the proposed
patio area or construct a rain garden (at a size as recommended by the Valley Branch
Watershed District) to contain runoff.
The suggestion motion for taking action on the recommendation is as follows:
“Move to adopt Resolution 2017-083, approving a shoreland variance to allow the expansion of a
non-conforming structure not meeting the minimum structure setback requirement from the
Ordinary High Water Level for the property located at 8690 Lake Jane Trail N, subject to
conditions of approval as recommended by Staff and the Planning Commission.”
ATTACHMENTS:
• Application with narrative and survey
• MNDNR comments
• Resolution 2017-083
From:Sorensen, Jenifer (DNR)
To:Emily Becker
Subject:RE: Lake Jane Variance Request 8690 Lake Jane Trail North
Date:Friday, July 07, 2017 10:16:13 AM
Yes, I’d like to include this comment. Since the structure is expanding toward the shoreline, this
would seem like a reasonable expectation to have the landowner construct the gutters such that
they redirect the runoff to an area of infiltration.
Thanks –
Jen
Jenifer Sorensen
East Metro Area Hydrologist (Ramsey and Washington Counties)
Division of Ecological and Water Resources
Minnesota Department of Natural Resources
1200 Warner Road
St Paul, MN 55106
Phone: 651-259-5754
Email: jenifer.sorensen@state.mn.us
From: Emily Becker [mailto:EBecker@lakeelmo.org]
Sent: Friday, July 07, 2017 9:26 AM
To: Sorensen, Jenifer (DNR) <jenifer.sorensen@state.mn.us>
Subject: RE: Lake Jane Variance Request 8690 Lake Jane Trail North
Jen,
As noted in the application, the impervious surface will in fact be decreased, as they will be removing
existing asphalt and bituminous surface. Please let me know that you saw this and if you still
recommend that they install the rain garden.
Emily Becker
City Planner
City of Lake Elmo
651-747-3912
ebecker@lakeelmo.org
From: Sorensen, Jenifer (DNR) [mailto:jenifer.sorensen@state.mn.us]
Sent: Thursday, July 06, 2017 7:01 PM
To: Emily Becker <EBecker@lakeelmo.org>
Subject: RE: Lake Jane Variance Request 8690 Lake Jane Trail North
Emily –
MNDNR has the following comment for the variance request for 8690 Lake Jane Trail North to
expand the existing residential structure:
· If a variance is granted for this project, MNDNR recommends that the City of Lake Elmo
include condition on the variance that mitigates for the impervious surface created by the
further encroachment of the structure within the OHW setback, such as:
· Direct rain gutter discharges into a rain garden (infiltration basin designed to capture
and infiltrate runoff).
Thank you for the opportunity to comment on this variance request.
Jen
Jenifer Sorensen
East Metro Area Hydrologist (Ramsey and Washington Counties)
Division of Ecological and Water Resources
Minnesota Department of Natural Resources
1200 Warner Road
St Paul, MN 55106
Phone: 651-259-5754
Email: jenifer.sorensen@state.mn.us
From: Emily Becker [mailto:EBecker@lakeelmo.org]
Sent: Friday, June 30, 2017 11:02 AM
To: Sorensen, Jenifer (DNR) <jenifer.sorensen@state.mn.us>
Subject: Lake Jane Variance Request 8690 Lake Jane Trail North
Jen,
Attached is another shoreland variance request and very rough draft staff report. Please note that
the impervious surface will not actually increase, it will decrease, as they are proposing to remove
existing impervious surface. The public hearing will be held on July 24, so please have any comments
in by July 19th at the latest.
Emily Becker
City Planner
City of Lake Elmo
651-747-3912
ebecker@lakeelmo.org
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CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION 2017-083
A RESOLUTION APPROVING A VARIANCE TO ALLOW EXPANSION OF A NON-
CONFORMING STRUCTURE NOT MEETING MINIMUM STRUCTURE SETBACK
REQUIREMENTS FROM THE ORDINARY HIGH WATER LEVEL OF THE CITY’S
SHORELAND DISTRICT
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Glenwood Homes, 10920 Kingsborough Ct, Cottage Grove, MN 55016
(“Applicant”), has submitted an application to the City of Lake Elmo (the “City”) for a variance
to allow the expansion of a non-conforming structure not meeting the minimum structure setback
requirement from the Ordinary High Water Level (OHWL). The proposed additions to the
structure do not encroach further in to the existing setback of 73.6 feet from the OHWL and
include a 640 square foot addition; 196 square foot porch; 188 square foot patio; 626 square foot
addition to his garage (including a 129 square foot storage area); and a 12 foot X 10 foot
temporary storage structure on the existing concrete pad to the east of the proposed addition.
WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo
Zoning Ordinance, Section 154.109; and
WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter
on July 24, 2017; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendation to the City Council as part of a Staff Memorandum dated July 24, 2017; and
WHEREAS, the City Council considered said matter at its August 1, 2017 meeting.
NOW, THEREFORE, based on the testimony elicited and information received, the
City Council makes the following:
FINDINGS
1) That the procedures for obtaining said Variance are found in the Lake Elmo Zoning
Ordinance, Section 154.109.
2) That all the submission requirements of said Section 154.109 have been met by the
Applicant.
2
3) That the proposed variance includes the following components:
a) A variance to allow for additions to an existing single-family detached home that
does not meet the minimum structure setback requirement from the OHWL.
4) That the Variance will be located on property legally described as follows: Lot 8, Block
1, Lake Jane Manor No. 1, Washington County, Minnesota, PID# 09.029.21.42.0014.
5) That the strict enforcement of Zoning Ordinance would cause practical difficulties and
that the property owner proposes to use the property in a reasonable manner not permitted
by an official control. Specific findings: The subject property was platted and the house
was built prior to adoption of Shoreland standards by the City and therefore the house does
not meet the minimum structure setback requirement from the Ordinary High Water Level
and is legal non-conforming. The property owner wants to expand the current home and
garage, and because of the location of the septic tank and septic mound in the front yard as
well as the location of the garage near the side yard, it is not an option to do so in the front
of the existing house or on the side of the existing garage.
6) That the plight of the landowner is due to circumstances unique to the property not
created by the landowner. Specific findings: The property owner did not plat the lot or
construct the original home. Both were done prior to adoption of the City’s shoreland
standards.
7) That the proposed variance will not alter the essential character of the locality in which
the property in question is located. Specific findings: The proposed additions do not
encroach any further than the existing deck in to the setback from the Ordinary High
Water Level of Lake Jane, and therefore the degree of non-conformity is not being
increased. The proposed addition will not further impair lake views for adjacent or
nearby property owners. Additionally, the proposed additions will not increase the
amount of impervious surface on the property; rather the Applicant will decrease the
total amount of impervious surface on the property by removing existing concrete and
bituminous surface.
8) That the proposed variance will not impair an adequate supply of light and air to
properties 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. Specific findings: The proposed additions will not further impair lake
views of neighboring properties. They also will not increase congestion of public streets
or substantially diminish or impair property values within the neighborhood.
CONCLUSIONS AND DECISION
Based on the foregoing, the Applicant’s application for a Variance is granted, subject to the
following conditions.
1) The Applicant shall secure any required permits and plan approvals from the City and other
applicable jurisdictions.
3
2) The Applicant shall provide an escrow in the amount of an estimated cost of the removal of
the existing bituminous and concrete surface as shown on the proposed survey.
3) The Applicant shall either (at the Applicant’s option) use pervious pavers on the proposed
patio area or construct a rain garden (at a size as recommended by the Valley Branch
Watershed District) to contain runoff.
Passed and duly adopted this 1st day of August 2017 by the City Council of the City of Lake
Elmo, Minnesota.
__________________________________
Mike Pearson, Mayor
ATTEST:
________________________________
Julie Johnson, City Clerk