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HomeMy WebLinkAbout#20 - 9369 Jane Road Variance STAFF REPORT DATE: 5/15/2018 REGULAR ITEM #: 20 MOTION TO: City Council FROM: Ben Prchal, City Planner AGENDA ITEM: Shoreland Variance Request to Allow Construction Of A Non- Conforming Structure/s Which Does Not Meet Minimum Structure Setbacks from Ordinary High Water Level, Required Sideyard and Front Yard Setbacks, and Maximum Impervious Surface Standards - 9369 Jane Road North REVIEWED BY: Emily Becker, Planning Director BACKGROUND: The City has received a variance application from David and Heide Offord of 9369 Jane Road North to allow construction of a non-conforming structure/s which does not meet the required minimum structure setback from the Ordinary High Water Level (OHWL), required sideyard and front yard setbacks, and maximum impervious surface standards of the City’s shoreland district. The property had received a previous variance to build the home that currently sits on the property. The variance was approved in 2001, contingencies with the approval were: the home could not exceed the footprint of the old home which was 1,350 sq.ft. and maintain a 30ft set back from Jane Rd (more details on page 5, previous variance request). ISSUE BEFORE THE COMMISSION: The City Council is being asked consider the above-mentioned variance requests and approve or deny the requests. PROPOSAL DETAILS/ANALYSIS: Applicant: Adam Bender of ISPIRI LLC Property Owners: David and Heide Offord Location: 9369 Jane Road North, PID# 10.029.21.24.0007, Subdivisionname Berschen's Shores Lot 11 Subdivisioncd 37090, Washington County Request: Variance from Shoreland Standards – Expansion of a Non-Conforming Structure and Maximum Impervious Surface 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 east side of the lake. Existing Zoning: Rural Single Family/Shoreland Overlay District Comprehensive Plan: Rural Single Family History: Variance application for home construction was approved in May 14, 2001. The Variance allowed for a maximum house footprint of 1,350 square feet to be constructed over a prior foundation. As well as a 30-foot setback from Jane City Council 5/15/2018 Page 2 Road; with a corresponding approximate 6-foot increase on the setback from the Ordinacry High Water level of Lake Jane. Deadline for Action: Application Complete – 4/19/2018 60 Day Deadline – 6/18/2018 Extension Letter Mailed – N/A 120 Day Deadline – N/A Applicable Regulations: Article V – Zoning Administration and Enforcement Article XIX – Shoreland Management Overlay District Article XI – Rural Districts Request Details. The applicant is proposing to make an addition off the front of their home by adding a side loading garage and reconfiguring the driveway for better access onto Jane Rd. The current garage for the home is attached and faces directly towards the street, the size is 24’x36’. The justification for this is to provide safer access onto Jane Road by creating a turnaround for cars to enter “nose” first. The new attached garage is planned to be 24’x29’. Also included in the application is the addition of a deck. The deck is being requested for quick access to the lake if needed for safety purposes. The Applicant is seeking variances on the following items: Structure Setbacks: Garage addition - Rural Single Family is the underlying zoning which requires a front yard setback of 30ft be maintained as well as a sideyard setback of 10ft. Due to the configuration of the lots surrounding the lakes it has been difficult for home owners to achieve compliance of the required setback from the OWHL. The setback from the OWHL is 100 ft. for unswered properties and 75 ft. for sewered properties. This home is unique in that it is connected to a 201 sanitary system, and so is considered sewered per shoreland standards, and so the 75 ft. setback applies. The existing home does not conform to this standard (further proven to be non-conforming through past variance). Deck addition – A deck being built in a shoreland district which cannot meet the setback requirements can be done without a variance if 4 points of criteria are met. i. The structure existed on the date the structure setbacks were established. This standard is not met as setbacks were established in 2001 when the home was reconstructed. ii. 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. Standard is met. Placing the deck on either side of the home would further encroach into the side yard setback which would then further impact the neighboring property. There is also no other location in the rear that would make it more conforming. iii. The deck encroachment toward the ordinary high water level does not exceed 15 percent 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. Standard not met. This would be applicable if the home were setback the appropriate distance of 75ft. However, the home is only setback 52.4 ft. iv. The deck is constructed primarily of wood, and is not roofed or screened. Unknown, but is being asked as a condition. Code Location Code Setbacks Proposed Setbacks Front yard setback (garage) 154.402 table 9-2 30 ft. also established in past variance 12.87 ft. not compliant Side yard setback (garage) 154.402 table 9-2 10 ft. 14.4 ft. compliant Side yard setback (deck) 154.402 table 9-2 10 ft. 7.3 ft. not compliant Rear yard setback (deck) 154.800 12 (d) 15% of structure setback from OWH or 30ft. 49.2 ft. not compliant Shoreland Impact Zone Noting may be within 37.5 ft of the OHW Compliant City Council 5/15/2018 Page 3 *See attached survey for visual The code also limits features from being placed in the shoreland impact zone. For this property, the shoreland impact zone is 37.5 ft. from the OWHL. The deck is proposed to be setback 49.2 ft., it is compliant from this standpoint. Impervious surface: The shoreland code also imposes different restrictions on impervious surface from regular zoning. Regardless of the underlying zoning district, impervious surface limits are 15% for unsewered and 30% for sewered properties in shoreland districts. As previously mentioned, because the home is connected to a city 201 sanitary system the property is classified as a sewered property, which allows a maximum of 30% impervious surface. The property is currently non-conforming when it comes to impervious surface calculations. The existing impervious surface calculations for the property is 36.7% and with the proposed improvements the percentage will increase to 39.8%. This is an increase of 3.1% and 9.8% over the allowed amount. Code Location Code Requirement Proposed Impervious - sewered 154.800 table 17-3 30% 39.8% *However, staff has spoken with the designer and has recommended removal of the rear patio pavers. If they were to be removed, the impervious surface calculation would ultimately be reduced to 34.1%. City Council 5/15/2018 Page 4 Lot Details. The property does not meet all setbacks for the Rural Single Family Zoning district and does not meet the minimum lot size requirement of 1.5 acres. Code Location Code Setbacks Proposed or Existing Setbacks Lot area 154.402 table 9-2 1.5 acres or .5 acres if sewered .311 acres – Existing non-conforming Front yard setback 154.402 table 9-2 30 ft. 36.9 ft. – Existing setback 12.87 ft. - Proposed setback Side yard setback 154.402 table 9-2 10 ft. 13.3 ft. (north) – Existing Side yard setback 154.402 table 9-2 10 ft. 12.8 ft. (south) – Existing Setback for deck (side) 154.402 table 9-2 10 ft. 7.31 ft. (south) – Proposed Setback for home 154.800 table 17-3 75 ft. 52.4 ft. – Existing non-conforming (not within impact zone) Setback for deck (rear) 154.800 12 (d) 15% (11.25 ft.) of structure setback from OWH or 30ft. 49.2 ft. – Proposed non- conforming Driveway slope 93.26 (G) 10% 10% proposed City Council 5/15/2018 Page 5 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. There is an additional provision that states that 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 OHWL, provided the proposed structure is not located in a shore impact zone or bluff impact zone. Previous Variance Requests. In May of 2001 the Lake Elmo Planning staff reviewed a variance request for 9369 Jane Rd to rebuild the home on the lot. The staff found that the variance should be approved on the conditions that the house be relocated to a point of 30 feet from the Jane Road right-of-way. This reduced the shoreland setback variance approved. The second condition recommended was the reduction of the footprint of the new house not to exceed the footprint of the existing house (which was 1,350 sqft.). The resolution stated that it was allowing a structure to be placed 44.2’-52.7’ away from the Ordinary High Water (OHW) level where 100’ is normally required. The variance also allowed a lot width of 103.34’ where 150 is required. More specifically to the dwelling the house footprint could not be greater than 1,350 square feet. A 30 foot set back from Jane Road needed to be maintained which added a 6 foot increase on the setback from the OHW of Lake Jane. Prior to 2001 there had not been planning, zoning, or building action except a porch addition in 1978 and then connection to the 201 system in 1985. Adjacent Property Variances. The City granted similar variances to adjacent properties. This should not be a basis for granting an additional variance for the subject property, but it does show that the granting of the variance may not change the character of the surrounding area. • 9359 Jane Rd – applied for a variance in 2001 to allow the expansions of their structure 22 feet from the ordinary high water level where 100 feet is required. That request was approved and later denied by the Board of Adjustment and Appeals. This property also has had variance requests to expand the deck on the home which have been denied (no hardship presented). o In 2017 the homeowner requested a variance for the addition 685 sqft. so that all bedrooms could be on the same level and to increase the impervious surface amount to 29.7%. The addition was a lateral extension which did not further increase the encroachment of 45.5 ft but was still non-conforming. • 9287 Jane Road North was granted a variance in the year 2000, to permit two additions to the primary structure consisting of a 16’ X 26’ garage addition to the north side; and a 14’ X 24’ addition to the south side; both additions less than the required 100 foot setback from the OHWL. • 9429 Jane Rd N was granted a variance in 2006 to construct a garage which needed to encroach into the front and side yard setbacks. The established front yard setback was 2 ft. and the side yard setback for the garage was 4.3 ft. The imposed conditions consisted of rain gutters along the south property line to redirect water away from the adjacent property and the eaves shall not be less than the side yard setback of the existing detached garage. Engineering Review. The City Engineer has reviewed the proposed variance for 9369 Jane Road and there were no comments or concerns related to grading. Sanitary 201 system: The 201 system which this property discharges sewage to was reviewed by Washington County on July 28, 2014 and it was deemed to be non-compliant. The City hired a consultant to review the system in the field and based on the field inspection and report it was found to be compliant. The system was not found to have excess capacity (per the report) and engineering does not recommend added demand on the system. City Council 5/15/2018 Page 6 Planning Response: The submitted plans indicate a bathroom and washer and dryer unit will be added to the main level of the home. Though these additions may seem like it would increase demand on the system, staff does not feel the addition of a bathroom will necessarily increase use nor would the amount of laundry expect to increase. Rather, addition of bedrooms would add demand to the system, and this is not being proposed at this time. DNR Review: No comments have been received. Historically they have not been in favor impervious surface amounts over the allowed percentage (30%). They have in the past recommended certain mitigation measures, such as raingardens, reducing the footprint of the building, etc. RECOMMENDED FINDINGS: An applicant must establish and demonstrate compliance with the variance criteria set forth in Lake Elmo City Code Section 154.109 before an exception or modification to city code requirements can be granted. These criteria are listed below, along with recommended findings from Staff 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 prior (presumed before 1985) to current standards established for the current Ordinary High Water Level. Many homes, this one included, were platted without today’s OHWL in mind. Because of this, property owners have had difficulty complying to the establish setback requirements of today. It does not seem reasonable to think homes will comply with both the front (30ft) and OWHW (75-100ft) setbacks. Compliance with both seems to be unlikely given the configuration of the lots created prior to current standards. Pertaining to the garage there seems to be no other location for it to be reasonably placed to reduce intrusion into setbacks. The deck also seems to be reasonably placed as any other location will put it closer to the OHWL and only a small section of the deck (steps) encroaches into the side yard. Another item to note is the impervious surface calculations will be reduced with the proposed project. Because of this, staff feel this criteria is met. 2) Unique Circumstances. The plight of the landowner is due to circumstances unique to the property not created by the landowner. FINDINGS: As mentioned above, the property is unique in that the plat was created in a way which did not provide adequate distance for compliance with today’s setbacks from the OHWL. Due to the nature of the lot there seems to be limited improvements which a homeowner can make to their property without variance approval. Because of this staff feel this criteria is met. 3) Character of Locality. The proposed variance will not alter the essential character of the locality in which the property in question is located. City Council 5/15/2018 Page 7 FINDINGS: The proposed addition would encroach further in to the front yard setback than other homes within the area. However, it does not drastically change the character of the locality, as the addition of the garage does not in and of itself change the function of the home. Side loaded garages are not a unique feature to homes, nor are decks. This also would not be the first homes in the area to have limited front yard space. Because of this staff feel this criteria is met. 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 alter or impair supply of light or air to adjacent properties. The garage will not block an amount of wind or air from neighboring properties so that their use would be disrupted. The garage is also being proposed to increase traffic safety. Reconfiguration of the garage and driveway will allow motor vehicles to maneuver themselves in a way to pull out nose first onto the Jane road, which would increase safety. The addition is also not expected to diminish property values. Because of this staff feel this criteria is met. Results of Planning Commission and Public Hearing The Planning Commission held a public hearing on the night of May 7th, 2018. There were no written comments submitted and there were no verbal comments beyond staff and the applicant. There were minimal questions/comments from the commission. The variance passed with no amendments 7-0. Recommended Conditions of Approval. Staff and the Planning Commission are recommending approval of the variance request for 9369 Jane Rd based on the findings noted in 1, 2, 3, and 4 with the following conditions: 1) The Applicant shall secure any required permits and plan approvals from the City and other applicable jurisdictions. 2) Grading, erosion control, and stormwater management plans shall be submitted in conjunction with a building permit for the property and shall be approved by the City engineer. 3) The proposed retaining wall, if over four feet in height, shall be constructed by plans prepared by a professional engineer. 4) The applicant shall secure any required permits from the Valley Branch Watershed District prior to commencing any grading or construction activity on the site. 5) The deck shall be constructed of wood and not roofed. 6) The rear patio pavers shall be removed to reduce impervious surface. FISCAL IMPACT: None. City Council 5/15/2018 Page 8 OPTIONS: The Council may: • Approve the variance requests, subject to conditions of approval as recommended by Staff and the Planning Commission. • Amend conditions of approval and approve the variance requests, subject to amended conditions of approval. • Direct Staff to prepare a Resolution for denial of the variance requests to bring to a future Council meeting. RECOMMENDATION: The suggestion motion for taking action on the Staff and Planning Commission recommendation is as follows: “Move to adopt Resolution 2018-052 approving the request for shoreland variances from the minimum structure setback from the Ordinary High Water Level, side yard setback, front yard setback, and maximum impervious surface standards, subject to conditions of approval as identified by Staff” ATTACHMENTS: • Applicants narrative and survey • Resolution 2018-052 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO 2018-052 A RESOLUTION APPROVING A VARIANCE TO ALLOW THE EXPANSION OF A NON- CONFORMING STRUCTURE NOT MEETING THE MINIMUM SETBACKS FROM THE ORDINANCRY HIGH WATER LEVEL, FRONT AND SIDE YARD SETBACS, AND IMPERVIOUS SURFACE REQUIREEMTNS FOR THE CITY’S SHORLAND DISTRICT AT 9369 JANE RD N. WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Adam Bender of ISPIRI LLC on behalf of David and Heide Offord, 9369 Jane Rd N, Lake Elmo MN 55042 (Applicant/Owner), 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 from the Ordinary High Water Level (OHWL), front and side yard setbacks, and impervious surface requirements for the shoreland district. The proposed garage addition does encroach further into the front yard leaving a 12.9 ft. setback form Jane Rd, the new side yard setback from the deck will be 7.3 ft., and the setback from the OHWL for the deck will be 49.2 ft. However, the project will lower the impervious surface calculation from its current percentage of 36.7 to 34.1. 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 May 7th, 2018; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation to the City Council as part of a Staff Memorandum dated May 15th, 2018; and WHEREAS, the City Council considered said matter at its May 15th, 2018 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 requirement s of said Section 154.109 have been met by the Applicant. 3) That the proposed variance includes the following components: a) A variance to allow for the expansion and renovation of an existing single-family detached home which does not meet the minimum structure setback requirements of the OWHL, front and side yard setbacks, and impervious surface allowance. 4) That the Variance will be located on property legally described as follows: SUBDIVISIONNAME BERSCHEN'S SHORES LOT 11 SUBDIVISIONCD 37090, 9369 Jane Rd North, Washington County, Minnesota with the following PID: 10.029.21.24.0007. 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 Finding: The subject property was platted prior (presumed before 1985) to current standards established for the current Ordinary High Water Level. Many homes, this one included, were platted without today’s OHWL in mind. Because of this, property owners have had difficulty complying to the establish setback requirements of today. It does not seem reasonable to think homes will comply with both the front (30ft) and OWHW (75-100ft) setbacks. Compliance with both seems to be unlikely given the configuration of the lots created prior to current standards. Pertaining to the garage there seems to be no other location for it to be reasonably placed to reduce intrusion into setbacks. The deck also seems to be reasonably placed as any other location will put it closer to the OHWL and only a small section of the deck (steps) encroaches into the side yard. Another item to note is the impervious surface calculations will be reduced with the proposed project. 6) The plight of the landowner is due to circumstances unique to the property not created by the landowner. Specific Findings: As mentioned above, the property is unique in that the plat was created in a way which did not provide adequate distance for compliance with today’s setbacks from the OHWL. Due to the nature of the lot there seems to be limited improvements which a homeowner can make to their property without variance approval. 7) The proposed variance will not alter the essential character of the locality in which the property in question is located. Specific Findings: The proposed addition would encroach further in to the front yard setback than other homes within the area. However, it does not drastically change the character of the locality, as the addition of the garage does not in and of itself change the function of the home. Side loaded garages are not a unique feature to homes, nor are decks. This also would not be the first homes in the area to have limited front yard space. 8) 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. Specific Findings: The proposed additions will not alter or impair supply of light or air to adjacent properties. The garage will not block an amount of wind or air from neighboring properties so that their use would be disrupted. The garage is also being proposed to increase traffic safety. Reconfiguration of the garage and driveway will allow motor vehicles to maneuver themselves in a way to pull out nose first onto the Jane road, which would increase safety. The addition is also not expected to diminish property values. 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. 2) Grading, erosion control, and stormwater management plans shall be submitted in conjunction with a building permit for the property and shall be approved by the City engineer. 3) The proposed retaining wall, if over four feet in height, shall be constructed by plans prepared by a professional engineer. 4) The applicant shall secure any required permits from the Valley Branch Watershed District prior to commencing any grading or construction activity on the site. 5) The deck shall be constructed of wood and not roofed. 6) The rear patio pavers shall be removed to reduce impervious surface. Passed and duly adopted this 15th day of May, 2018 by the City Council of the City of Lake Elmo, Minnesota. ________________________________ Mayor Mike Pearson ATTEST: ________________________________ Julie Johnson, City Clerk