HomeMy WebLinkAbout#12 - 11075 32nd St Variance1
STAFF REPORT
DATE: 5-4-2021
REGULAR #12
TO: City Council FROM: Ben Prchal, City Planner AGENDA ITEM: Variance Request for 11075 32nd St. North REVIEWED BY: Ken Roberts, Planning Director
Planning Commission
BACKGROUND The City has received a variance request from applicant Matthew and Amy Knowlan, for the property located at 11075
32nd St. The request is for a variance from the City Code requirement which does not allow an accessory building closer to the front lot line than the principle building. The proposed building would meet the allowed size for the property and meet all other setbacks and impervious surface requirements.
ISSUE BEFORE CITY COUNCIL The City Council is being asked to review the variance request to build an accessory building in front of the home on the property addressed as 11075 32nd St.
REVIEW/ANALYSIS:
Address: PID: 11075 32nd St. North 13.029.21.33.0022 Existing Land Use/Zoning: Single-family zone as Rural Single Family.
Surrounding Land Use/ Zoning: Single family homes.
History: The property has been used as a single family dwelling since 1987.
Deadline for Action: Application Complete – 3/17/2021 60 Day Deadline – 5/16/2021 120 Day Deadline – N/A Applicable Regulations: •Article V - Zoning Administration and Enforcement
•Article XI – Rural Districts
•Article XX – Shoreland Management
PROPOSED VARIANCES Variance Request. The applicant is requesting to build an accessory building closer to the front lot line than the principle structure.
154.406 C. Structure Location, Rural Districts. No detached garages or other accessory buildings shall be located
nearer the front lot line than the principal building on that lot.
Standard Required Proposed Setback from the Front Property Line. 154.406 C. 30 ft. Or The Principle Structure
31 ft. The accessory building will be closer to the front lot line than the home.
Impervious Surface Table 17-3 15% (un-sewered property) 14.4%
Structure Size
154.406 Table 9-3 (1-1.99 acres)
1,500 sqft.
(maximum allowed size)
1,496 sqft.
2
The applicant would like to place the accessory structure closer to the front lot line than the home for several reasons. If the garage was located in the rear yard there would be issues with accessing the building, the structure also could not meet both the setback requirement from the OHWL and top of bluff, and the septic system is also located in the rear yard. Although, it should be known that the property will soon connect to City sewer services (once available). The
survey also shows a slope towards the water that would make construction difficult. Staff has determined that the rear yard would be a less ideal location for the accessory
building.
Given the size of the front yard it would appear that the accessory building could go in multiple locations. However, after visiting the site Staff can say the applicant has chosen a good location for their building. They would like to build the structure on an already flat piece of ground and they have located the building between the water and sewer utility connections that will be servicing the property. Placing the structure in another location, perhaps closer to the home, would require additional grading.
Proposed Garage
Existing
Home
Looking South East
Looking South West
Existing Home
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The above graphic is intended to provide additional insight as to where the accessory building will sit on the property. As mentioned above, the building will be placed to avoid conflicts with the utilities servicing the property. With that said, the site designer has also reached out to the City engineers to ensure there will not be issues between the build
and the upcoming public improvement project.
AGENCY REVIEW All entities and departments who were provided information about the request either had no comment or
have not provided a response.
Neighboring Comments: 11108 32nd St – Does not support the request.
11120 32nd St. – Does not support the request.
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 comments 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 Adjustmentupon the application by the owner of the affected property where the strict enforcement of this chapter wouldcause practical difficulties because of circumstances unique to the individual property under consideration andthen 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 ownerproposes to use the property in a reasonable manner not permitted by an official control.
FINDINGS:
•Variance for Accessory Building Setback: With respect to the proposed variance for the location of
structure, strict enforcement of the City’s zoning regulations will cause practical difficulties and the applicantis proposing to use the property in a reasonable manner. The request can be considered reasonable when allfactors are considered as a whole. The building will meet all other setback requirements, the size of thestructure conforms to the sizing requirements of Table 9-3, and the impervious surface requirements for theproperty will be met. Furthermore, placing the structure in a location where the front lot provision can be met
will cause accessibility issues and likely force the need of an additional variance elsewhere on the property.
Proposed sewer connection.
31 ft.
Proposed water connection.
4
2)Unique Circumstances. The plight of the landowner is due to circumstances unique to the property not createdby the landowner.FINDINGS:
•Variance for Accessory Building Setback: With respect to the proposed variance for the location of thestructure, the plight is unique and has not been caused by the applicant. When taking into consideration thepie shaped property tapering towards the rear yard, the existing septic system is in the rear yard, and
slopes/top of bluff in the rear yard create a scenario where there is limited space behind the home to place thebuilding.
3)Character of Locality. The proposed variance will not alter the essential character of the locality in which theproperty in question is located.FINDINGS:
•Variance for Size of Structure: With respect to the proposed variance for the location of the structure, theproposed variance will not alter the essential character of the locality. In this specific area of the City it is
very common to have accessory buildings/detached garages located in front of the homes. The propertiesaddressed as 11055 32nd St, 11015 32nd St, 10997 32nd St, and 3200 Lake Elmo Ave. all have accessorybuildings located in the front yard. All of these properties are within 350 ft. of 11075 32nd St. With multiple
properties also having accessory buildings located within the front yard it is un-reasonable to assume thisaccessory building will change the character of the locality.
4)Adjacent Properties and Traffic. The proposed variance will not impair an adequate supply of light and air toproperties adjacent to the property in question or substantially increase the congestion of the public streets orsubstantially diminish or impair property values within the neighborhood.FINDINGS.
•Variance for Accessory Building Setback: With respect to the proposed variance for the location of the
structure, the proposed variance will not impair an adequate supply of light and air to the adjacent propertyor substantially increase the congestion of the public streets or substantially diminish property values. The
location of the structure would not shade the neighboring properties or structures, nor would it impair air
flow.
RECOMMENDATION Fiscal impact: None.
Conditions of Approval: 1.That the Applicant obtain all applicable permits including but not limited to a City building permit.
2.If approved this variance approval is valid for 1 year and would expire on May 4th, 2022. The City mustreceive a building permit for the accessory building by May 4th, 2022 to keep the approval valid.3.The exterior materials and finishes of the accessory building must comply with City code section 154.406D. and shall be approved by City Staff. Before the City releases the building permit.Planning commission: Recommended approval of the request with the drafted findings and conditions (5-0 vote). Staff also supports this recommendation. During the Commission review the property owner did state they would be plating trees between the building and the roadway to improve the screening.
Options: The City Council may:
•Recommend approval of the proposed variance, with recommended findings and conditions.
•Amend the recommended findings and conditions and recommend approval of the variance,
•Move to recommend denial of all variance, citing findings for denial.
Recommended Motion:
“Motion to approve the variance request to locate an accessory building closer to the front lot line than the principle building for the property at 11075 32nd St. with recommended findings and conditions of approval”
ATTACHMENTS:
1.Narrative
2.Survey
3.Location/Site Map
4.Resolution 2021-054
Washington County, MN
April 14, 2021 0 180 36090 ft
0 50 10025 m
1:2,000
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification.
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LAMPERTAVE. N.LAKE ELMO10' BUILDING SETBACK 10' BUILDING SETBACK30' BUILDING SETBACK100' BUILDINGSETBACK32ND ST. N.10'
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10' BUILDING SETBACK75' BUILDINGSETBACK4.0017.0046.0034.00 42.0017.00PROPOSED GARAGE928.3925.0 X925.9 X928.1 X 5%5.4%X
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930932926928 2.5%3%FLOOR ELEV. = 928.69262%XXXXXXXXX928.3 GRASSY DRIVEROCKCONSTRUCTIONENTRANCEPROPOSEDSILT FENCEPROPOSEDSILT FENCELEGENDUNDERGROUND ELECTRICUNDERGROUND CABLE TVUNDERGROUND FIBER OPTICUNDERGROUND TELEPHONEOVERHEAD UTILITYUNDERGROUND GASSANITARY SEWERSTORM SEWERWATERMAINFENCECURB [TYPICAL]CONTOURSFOUND MONUMENT 1/2" IPMARKED RLS 15480SET 1/2" IRON PIPEMARKED RLS NO. 25718CABLE TV PEDESTALAIR CONDITIONERELECTRIC MANHOLEELECTRIC METERELECTRIC PEDESTALELECTRIC TRANSFORMERLIGHT POLEGUY WIREPOWER POLEGAS MANHOLEGAS METERTELEPHONE MANHOLETELEPHONE PEDESTALSANITARY CLEANOUTSANITARY MANHOLECATCH BASINSTORM DRAINFLARED END SECTIONSTORM MANHOLEFIRE DEPT. CONNECTIONHYDRANTCURB STOPWATER WELLWATER MANHOLEWATER METERWATER VALVEBOLLARDFLAG POLEMAIL BOXTRAFFIC SIGNUNKNOWN MANHOLESOIL BORINGSPOT ELEVATIONTRAFFIC SIGNALCONIFEROUS TREEDECIDUOUS TREEBUILDING LINEBITUMINOUS SURFACECONCRETE SURFACEPID#1302921330022CONTACT:Amy and Matthew Knowlan11075 32ND St. N.Lake Elmo, MN 550421PLA19001BSURVPLA01BCERTIFICATE OFSURVEYCOUNTY/CITY:REVISIONS:PROJECT LOCATION:LAND SURVEYING, INC.CORNERSTONESuite #2001970 Northwestern Ave.Stillwater, MN 55082Phone 651.275.8969dan@cssurvey.netDATEREVISIONPROJECT NO.FILE NAME1107532ND ST. N.CITY OF LAKE ELMOWASHINGTONCOUNTY03-04-2021 INITIAL ISSUE03-09-2021 ADD PROP CITY IMPV03-15-2021 MOVE ADD. 10 FT.CERTIFICATION:I hereby certify that this plan was prepared byme, or under my direct supervision, and that I ama duly Licensed Land Surveyor under the laws ofthe state of Minnesota.Daniel L. Thurmes Registration Number: 25718Date:__________________03-04-2021KNOWLANRESIDENCEBENCHMARKSELEVATIONS BASED ON INFORMATION AS SHOWN ONTHE MNDOT GEODETIC WEBSITE. SURVEY DISK S 27WITH AN ELEVATION OF 935.67 WAS USED TOESTABLISH VERTICAL CONTROL FOR THIS SURVEY(NAVD 88)PROJECT BENCHMARK IS THE TOP OF HYDRANT ATTHE NW CORNER OF 32ND ST. N. & LAMPERT AVE. N.ELEVATION=9034.39 (NAVD88)UNDERGROUND UTILITIES NOTES:THE UNDERGROUND UTILITIES SHOWN HAVE BEENLOCATED FROM FIELD SURVEY INFORMATION ANDEXISTING DRAWINGS. THE SURVEYOR MAKES NOGUARANTEE THAT THE UNDERGROUND UTILITIES SHOWNCOMPRISE ALL SUCH UTILITIES IN THE AREA, EITHER INSERVICE OR ABANDONED. THE SURVEYOR FURTHERDOES NOT WARRANT THAT THE UNDERGROUNDUTILITIES SHOWN ARE IN THE EXACT LOCATIONINDICATED ALTHOUGH HE DOES CERTIFY THAT THEYARE LOCATED AS ACCURATELY AS POSSIBLE FROM THEINFORMATION AVAILABLE. THIS SURVEY HAS NOTPHYSICALLY LOCATED THE UNDERGROUND UTILITIES.GOPHER STATE ONE CALL LOCATE TICKET NUMBER(S)210271090. SOME MAPS WERE RECEIVED, WHILE OTHERUTILITIES DID NOT RESPOND TO THE LOCATE REQUEST.ADDITIONAL UTILITIES OF WHICH WE ARE UNAWARE MAYEXIST.CALL BEFORE YOU DIG!TWIN CITY AREA:TOLL FREE:1-800-252-1166651-454-0002Gopher State One CallLEGAL DESCRIPTION:1. BEARINGS ARE BASED ON COORDINATES SUPPLIEDBY THE WASHINGTON COUNTY SURVEYORS OFFICE.2. UNDERGROUND UTILITIES SHOWN PER VISIBLEFEATURES, GOPHER STATE ONE CALL LOCATES ANDAS-BUILTS PLANS PROVIDED BY THE CITY OF LAKEELMO PUBLIC WORKS DEPARTMENT.3. THERE MAY SOME UNDERGROUND UTILITIES, GAS,ELECTRIC, ETC. NOT SHOWN OR LOCATED.4. FIELDWORK WAS COMPLETED FEBRUARY 02, 2021.SURVEY NOTES:(LEGAL DESCRIPTION PER CERTIFICATE OF TITLE NO. 75152)That part of Lots 2, 3, and 4, Block 1, LAKE ELMO PARK, according to the plat thereof on file and of record in the office of the CountyRecorder, Washington County, Minnesota described as follows:Commencing at the northeast corner of Lot 1, Block 1, of said LAKE ELMO PARK; thence South 87 degrees 08 minutes 37 seconds West,bearings are based on the Washington County Coordinate System South Zone, along the north line of said Lot 1, a distance of 139.93 feet tothe most easterly corner of said Lot 2; thence South 66 degrees 07 minutes 57 seconds West, a distance of 357.21 feet to the point ofbeginning; thence North 66 degrees 07 minutes 57 seconds East a distance of 357.21 feet to the said most easterly corner of Lot 2; thenceSouth 87 degrees 08 minutes 37 seconds West, along the north line of said Block 1, a distance of 487.57 feet to its intersection with the eastline of the West 15.00 feet of Lot 4; thence South 00 degrees 56 minutes 24 seconds East, along said east line of the west 15.00feet adistance of 350 feet, more or less, to the shore of Lake Elmo, thence southeasterly, along said shore of Lake Elmo, a distance of 55 feet, moreor less, to its intersection with a line that bears South 22 degrees 38 minutes 25 seconds West from the point of beginning; thence North 22degrees 38 minutes 25 seconds East, a distance of 267 feet, more or less to the point of beginning.PER CERTIFICATE OF TITLE NO. 75152, THERE ARE NOEASEMENTS LISTED ON THE MEMORIAL ON THE ABOVEMENTIONED CERTIFICATE OF TITLE. ADDITIONALEASEMENTS OF WHICH WE ARE UNAWARE MAY EXIST.TITLE NOTES:0NORTH20 40ZONING INFORMATION:ZONING: RS - Rural Single Family (per Ben Purchal- City of Lake Elmo 03-05-2021.SETBACKS:FRONT:30SIDE:10LAKE ELMO (SEPTIC) 100LAKE ELMO (W/ SEWER)75IMPERVIOUS (SEPTIC)15%IMPERVIOUS (IF SEWERED)25%EXISTING IMPROVEMENT AREAS:HOUSE2240CHIMNEY11DRIVE1469CONC. DRIVE/WALK 2388SHED123PORCH169DECK/STAIRS213STEPS BY HOUSE76LAKESIDE PAVERS/STEPS492LAKESIDE SHED221WALLS754TOTAL IMPROVEMENTS 8156 SQ.FT.TOTAL LOT AREA TO OHWL 66876 SQ. FT.% IMPROVED12.2%LOT AREA:PARCEL AREA TO OHW: 66,876 SQ. FT / 1.54 ACRES.*AREAS INSQUARE FEETPROPOSED IMPROVEMENT AREAS:HOUSE2240CHIMNEY11DRIVE1469CONC. DRIVE/WALK 2388SHED123PORCH169DECK/STAIRS213STEPS BY HOUSE76LAKESIDE PAVERS/STEPS492LAKESIDE SHED221WALLS754PROPOSED GARAGE 1496TOTAL PROP IMPROVEMENTS 9652 SQ.FT.TOTAL LOT AREA66876 SQ. FT.% IMPROVED14.4%*AREAS INSQUARE FEETX 927.0928XTREE TO BE REMOVEDPROPOSED ELEVATIONPROPOSED CONTOURDIRECTION OF FLOW WITH GRADE2%(C.O.T.)PER CERTIFICATE OF TITLE
543597v2 SJS LA515-1
CITY OF LAKE ELMO WASHINGTON
COUNTY STATE OF MINNESOTA
RESOLUTION NO 2021-054
A RESOLUTION APPROVING A VARIANCE TO ALLOW THE PROPERTY IDENTIFIED
AS 11075 32ND ST., TO CONSTRUCT AN ACCESSORY BUILDING CLOSER TO THE FRONT LOT LINE THAN THE PRINCIPLE STRUCTURE.
WHEREAS, Matthew and Amy Knowlan (the “Applicant”) owners of 111075 32nd
St., Lake Elmo MN 55042 (the “Property”) has submitted an application to the City of Lake Elmo (the “City“) for a variance(s) to allow the construction of an accessory building which will meet all zoning requirements, except that it will be closer to the front lot line than the principle structure; and
WHEREAS, notice has been published , mailed, and posted pursuant to the Lake
Elmo Zoning Code, Section 154.109; and
WHEREAS, the Lake Elmo Planning Commission held a public hearing on said variance(s) on April 26th, 2021; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendations with respect to the requested variances to the City Council as part of the City Staff Memorandum dated May 4th, 2021; and
WHEREAS, the City Council considered the variances at its May 4th, 2021 meeting;
and
NOW, THEREFORE, based on the testimony elicited and information received, the City Council makes the following:
FINDINGS
1)That the procedures for obtaining a variance are found in the Section 154.109 ofthe Lake Elmo Zoning Code.
2)That all submission requirement s of Section 154.109 of the Lake Elmo ZoningCode have been met by the Applicants.
3)That the proposed variances include the following components:
a)The construction of an accessory building which will sit closer to the frontproperty line than the principle structure on site but will also meet all otherzoning setback requirements.
4)Practical Difficulties as used in connection with the granting of a variance, means thatthe property owner proposes to use the property in a reasonable manner not permittedby an official control;
543597v2 SJS LA515-1
•Variance for Accessory Building Setback: With respect to the proposed variance for the
location of structure, strict enforcement of the City’s zoning regulations will cause
practical difficulties and the applicant is proposing to use the property in a reasonablemanner. The request can be considered reasonable when all factors are considered as awhole. The building will meet all other setback requirements, the size of the structure
conforms to the sizing requirements of Table 9-3, and the impervious surface requirements
for the property will be met. Furthermore, placing the structure in a location where the
front lot provision can be met will cause accessibility issues and likely force the need of avariance elsewhere on the property.
5)Unique Circumstances the plight of the landowner is due to circumstances unique to
the property not created by the landowner;
•Variance for Accessory Building Setback: With respect to the proposed variance for thelocation of the structure, the plight is unique and has not been caused by the applicant.
When taking into consideration the pie shaped property tapering towards the rear yard,
the existing septic system is in the rear yard, and slopes/top of bluff in the rear yard createa scenario where there is limited space behind the home to place the building.
6)Character of Locality the proposed variance will not alter the essential character of the
locality in which the property in question is located;
•Variance for Size of Structure: With respect to the proposed variance for the location ofthe structure, the proposed variance will not alter the essential character of the locality.
In this specific area of the City it is very common to have accessory buildings/detached
garages located in front of the homes. The properties addressed as 11055 32nd St, 1101532nd St, 10997 32nd St, and 3200 Lake Elmo Ave. all have accessory buildings located inthe front yard. All of these properties are within 350 ft. of 11075 32nd St. With multipleproperties also having accessory buildings located within the front yard it is un-
reasonable to assume this accessory building will change the character of the locality.
7)Adjacent Properties and Traffic the proposed variance will not impair an adequatesupply of light and air to properties adjacent to the property in question or substantiallyincrease the congestion of the public streets or substantially diminish or impair property
values within the neighborhood;
•Variance for Accessory Building Setback: With respect to the proposed variance for thelocation of the structure, the proposed variance will not impair an adequate supply of light
and air to the adjacent property or substantially increase the congestion of the public
streets or substantially diminish property values. The location of the structure would not
shade the neighboring properties or structures, nor would it impair air flow.
543597v2 SJS LA515-1
CONCLUSIONS AND DECISION
The City Council hereby approves the requested variance to build an accessory structure closer to the front lot line than the principle structure for the property addressed as 11075 32nd St. The conditions for approval for the variance are outlined below:
1.That the Applicant obtain all applicable permits including but not limited to a City
building permit.
2.If approved this variance approval is valid for 1 year and would expire on May 4th,2022. The City must receive a building permit for the accessory building by May 4th,2022 to keep the approval valid.
3.The exterior materials and finishes of the accessory building must comply with City
code section 154.406 D. and shall be approved by City Staff. Before the City releasesthe building permit.
Passed and duly adopted this 4th day of May, 2021 by the City Council of the City of Lake
Elmo, Minnesota.
________________________________ Mayor, Charles Cadenhead ATTEST:
________________________________
Julie Johnson, City Clerk