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Home My WebLink About#13 - 8950_Lake_Jane_Trail Variance1 STAFF REPORT DATE: 5-4-2021 REGULAR #13 TO: City Council FROM: Ben Prchal, City Planner AGENDA ITEM: Variance Condition Amendment(s) – 8950 Lake Jane Trail REVIEWED BY: Ken Roberts, Planning Director Planning Commission BACKGROUND: In 2002, the previous owners at the time requested and received approval of variances to build the existing home on the property. These variances were from the front Right-of-way (ROW) as well as the Ordinary High Water Level (OHWL). Since then Steve and Haley Meisterling have become owners of the property and in 2020 they requested the City Council amend the conditions outlined in the original approving resolution for the home. The request was approved and conditions 2-7 and 9 were removed as well as the covenants that further regulated the property (2020). With those conditions removed the property is now regulated to the same degree as other lake lots. The property owners have now requested permission from the City to install a sport court on their property. With the property being a lake shore lot, there are minimum setbacks from the high water line that improvements (structures) are required to meet. ISSUE BEFORE THE CITY COUNCIL: Review the variance request to build a sport court that does not meet the minimum setback requirement from the OHWL. The Meisterlings are requesting City approval of a setback variance to install a sport court 63 ft. from the OWHL of Lake Jane instead of 100 ft. as required by the shoreland management ordinance. REVIEW/ANALYSIS: PID 09.029.21.41.0002 Existing Land Use/Zoning: Single-family residential home - Rural Single Family (RS). Surrounding Land Use/ Zoning: Surrounded by single family homes guided for Rural Single Family / Rural Single Family History: Variances approved in 2002 to build the house on the property and amended in 2020. Deadline for Action: Application Complete – 3/20/2021 60 Day Deadline – 5/19/2021 Extension Letter Mailed – N/A 120 Day Deadline – N/A Applicable Regulations: Article V - Zoning Administration and Enforcement Article XVIII – Shoreland Management Overlay District Article XI – Rural Districts 2 REQUEST AND DETAILS Proposed Variance Request. The applicant is requesting to build a 30 ft. by 60 ft. (1,800 sqft.) sport court on their side yard. The following table outlines the setbacks that are applicable to the review. Article XI Rural Districts Firstly the request to install a sport court is considered to be an accessory structure and would normally require a certificate of zoning compliance for review to ensure setbacks and impervious surface requirements are met. Accessory Structure. A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. Structure. Anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, signs, recreation vehicles not meeting the exemption criteria specified in § 152.09(C)(1) of the floodplain management regulations, and other similar items. 154.213 Accessory Buildings and Structures, Generally F.Exempt Structures. The following residential improvements shall be exempt from the maximum allowedstructure size and number requirements in residential districts:6. Tennis and Sport Courts Setback and Impervious Surface Requirements for the RS Zoning District: Because the property is zoned as Rural Single Family the rural district zoning code will be applied to the request. The request paired with the lot doesn’t necessarily generate conflicts with the RS zoning code. In fact if the property was not located on Lake Jane the applicant would not need to request a variance. The structure is only required to sit 10 ft. from all side property lines, sit 30 ft. from the front lot line or ROW or in line with the principle structure, and be 10 ft. from the rear lot line. The impervious surface requirements for the district are also 25% of the lot size. A property that is 2.2 acres in size would allow for 24,216.25 sqft. of impervious surface. Standard Required Proposed Variance from Code Rural Districts Code Front Yard Setback 30 ft. 30 ft. -- Side Yard Setback 10 ft. 21 ft. -- Shoreland Code Rear Yard Setback from OHWL 100 ft. 63 ft. 37 ft. Impervious Surface 15% (14,529.75 sqft.) 8.28% (8,022.04 sqft.) -- 8950 Lake Jane Trl. Location Map – The image is intended for graphic purposes only. 924 OHWL 3 Article XVIII Shoreland Management It can generally be said that properties located in the shoreland district will have a more difficult time building a home, adding an addition, building an accessory building, etc. because the shoreland code adds an additional layer of restrictions onto of the underlying zoning district. This request needs special approval from the setback requirements of the shoreland district. Table 17-3 has established a 100 ft. setback from the Ordinary High Water Level (OHWL) of Lake Jane for structures with a shoreland impact zone of 50 ft. Nothing can/should be built within the impact zone, unless stated elsewhere in the shoreland code. Table 17-3 Impervious Surface: With the property having a size of 96,866 sqft. the shoreland code will allow 14,529.9 sqft. (15%) of impervious surface. With the existing impervious surface (home, driveway, patio, etc.) combined with the requested addition of the sport court the property will have a total impervious surface of 8,022.04 which is 6,507.86 sqft. below the allowed limit. There is no issue with impervious surface with the addition of the sport court. 17-3 Setbacks Table: For clarification the shore land code setbacks start at the top of the bluff or in this instance the high-water level and not the rear property line/water line (Although at times they can be the same). The high water line has an established elevation of 924 which ranges from 40 to 85 ft. in from the rear property line/water line. The shoreland code does offer a provision to average the setback compared to neighboring properties but this property is unable to take advantage of this provision because there is not a home on the neighboring lot to the east. Section 154.800 C.) 12. Nonconformities. Setback averaging. 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 in a bluff impact zone; Because there is not a structure on the property immediately to the east, the applicants are not able to take advantage of setback averaging, for the placement of the sport court. Water Land 30 ft. 21 ft. 63 ft. 30x6 0 4 Lot History: Through the variance process the property did receive City approval to construct the existing home in 2002. At that time there were conditions and covenants recorded with the property. However, all conditions except number one and eight were removed in 2020. At the time of approval in 2002 the property was allowed to have a 56 ft. setback from the OWHL and a 25 ft. setback from the ROW. Restrictive Covenants 1. Compliance with the tree preservation proposal of the applicant, staff dated September 19, 2002.8. No grading or filling shall be permitted below the Ordinary High Water level. With the majority of the restrictive covenants and conditions removed from the property it is primarily regulated by the City zoning and shoreland code. Staff has not been able to locate the tree preservation proposal from 2002. However, the property has since planted many trees and landscaping along Lake Jane road. There will be no grading or filling below the OWHL for this 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: 8855 Lake Jane Trail – Supports approval of the request. 8989 Lake Jane Trail – Supports approval of the request. ADJACENT VARIANCE REQUESTS 8990 Lake Jane Trl. (2019) – The property requested approval to build a home on site but it was tabled and a decision was not made. However, looking into the discussion that was available the property did fail to receive approval from Washington County for a septic permit. RECOMMENDED FINDINGS AND DISCUSSION The applicant has provided a narrative outlining their desire to install a sport court on their property. Outlined below are the findings as the request relates to the variance review criteria. 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. The criteria are listed below, along with recommended findings from Staff regarding applicability of these criteria to the applicant’s request. View Looking East View Looking West 5 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 would cause 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 owner proposes to use the property in a reasonable manner not permitted by an officialcontrol.FINDINGS: •Variance from Minimum Structure Setback from OHWL: With respect to the proposed variance for asetback from the OHWL, strict enforcement of the City’s zoning regulations will cause practical difficulties and the applicant is proposing to use the property in a reasonable manner. The property was platted andestablished prior to current development standards which has resulted in a short depth but very wide lot.Applying the 100 ft. setback along with the 30 ft. setback from the ROW does make it very difficult for the property to have any buildable area that would not conflict with a provision of the City Code. The sport courtwill be able to meet the front yard setback requirement of 30 ft. and sit behind the home. Though, it will not bepossible for the structure to be constructed on the property without needing a variance from the OWHL. However, the previous variance for the home has established the idea that a reduction in the setback from theOHWL is reasonable. Furthermore, with the City Code having a provision for lot averaging it can then besaid that a reduction from 100 ft. is a reasonable request. Also, due to the west side of the property holding the septic system there is not another location where it could be constructed. 2)Unique Circumstances. The plight of the landowner is due to circumstances unique to the property not createdby the landowner.FINDINGS: •Variance from Minimum Structure Setback from OHWL: With respect to the proposed variance forsetback from the OHWL (924 Elevation) of the structure, the plight is unique and has not been caused by the Applicant. The OWHL does come up quite far on the property which forces the court closer to the front ofthe lot. Also, with the front lot line sitting in the middle of Lake Jane Rd. it does requires the court to sit 30ft. from the ROW instead of the front lot line. To reasonably place and design a court around the front and rear setback requirements is not possible and would not allow the property to build a court. 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: •Variance from Minimum Structure Setback from OHWL: With respect to the proposed variance forsetback from the OHWL of the structure, the proposed variance will not alter the essential character of the locality. The property owners have already installed landscaping along Lake Jane road which will screen the court from the roadway and neighboring properties. Tennis Court Pool Proposed Sport Court Also, there are other structures such as pools and tennis courts on neighboringproperties which are similar in nature. 6 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 or substantially diminish or impair property values within the neighborhood.FINDINGS. •Variance from Minimum Structure Setback from OHWL: With respect to the proposed variance for the setback from the OHWL, the proposed variance will not impair an adequate supply of light and air to theadjacent property or substantially increase the congestion of the public streets or substantially diminish property values. With the court being flat it will not negatively impact the neighboring properties as requiredby the variance criteria. Furthermore, the court is not expected to substantially diminish or impair propertyvalues within the neighborhood. RECOMMENDATION Fiscal impact: None Planning Commission Recommendation: The Planning Commission recommends approval of the request (5-0 vote). Planning Staff supports their recommendation. Conditions of Approval: 1. The property apply for a certificate of zoning compliance to construct the sport court.2. All lighting shall be directed towards the ground and comply with Lake Elmo’s lighting standards.3.During construction silt fencing and other environmental measures shall be taken to preserve and protect thelake and surrounding vegetation.4.If approved this variance approval is valid for 1 year and would expire on May 4th, 2022. The City must receivea certificate of zoning compliance to build the sport court by May 4th, 2022 to keep the approval valid. Options: •Deny the variance request with stated findings. •Approve the variance request with amended findings of approval. •Approve the variance with listed findings of approval. Recommendation: “Motion to approve a 63 ft. setback variance from the OHWL of Lake Jane for a sport court on the property addressed as 8950 Lake Jane Trail with findings and conditions of approval.” Attachments: •Property Survey •Narrative •Arial Images/Site Map •Resolution 2021-055 March 13, 2021 Lake Elmo City Council and Planning Commission 3800 Laverne Ave N Lake Elmo, MN 55042 To Whom it May Concern, We are requesting a variance to build a 30’ x 60’ sport court on our property at 8950 Lake Jane Trail North, Lake Elmo, MN. The variance requested is to change the 100 foot setback from Lake Jane to a 63 foot setback. This change in setback would be greater than the setback of our current home. It should be noted that the build will not violate other restrictions such as maximum impervious surface, 30’ right of way set back, or the 10’ neighboring property setback. The following narrative outlines the basis for which this variance is requested: 1.Practical Difﬁculties We hope to build a sport court to create a safe place for our family to play court games such as basketball and pickle ball . Our current driveway is too small and steep to allow such play. Our property has ample space to build such a court, however the current setback from Lake Jane limits our ability to use and enjoy our property in such a manner. 2.Unique Characteristics Our parcel has limited usable area from front to back despite the ample size of the lot. The parameters of the property are limited by Lake Jane Trail to the South and Lake Jane to the North. The 100’ lake setback essentially eliminates the ability to build a structure on our property (as well as neighboring properties) without a setback variance. Such a variance was granted for the building of our home. We are requesting a setback variance of 63’, greater than the previously granted variance for the build of our home. Steven and Hailee Meisterling (651)955-9996 stevemeisterling@yahoo.com 8950 Lake Jane Trail N, Lake Elmo, MN 55042 3.Character of Locality The addition of a sport court to our property will not alter the essential character of the locality. The court will be used in a manner much the same as a typical driveway, allowing activities such as basketball and pickle ball on a ﬁrm surface. The court will be safely removed from the street and trafﬁc. Our existing driveway is small and sloped which prohibits these activities. Also, the character of the locality will be preserved by the landscaping that has been installed. After the build, we plan to continue to work with a professional landscaping company to beautify and maintain the sport court area. The landscaping will shield the sport court from the neighboring property and street while complying with guidelines set forth by the City of Lake Elmo. 4.Adjacent Properties and Trafﬁc The addition of the sport court will not impair adequate light and air to the adjacent properties. The court is low proﬁle creating no threat to the ﬂow of air or light. Also, landscaping has been installed to shield the sport court and protect the surrounding area. The court will not increase trafﬁc or congestion of public streets. Use of the court will be limited to family and friends. The court will not violate the Lake Jane Trail right of way. There is no reason to believe the court and accompanying landscaping should diminish or impair property values in the neighborhood. Respectfully, Steven and Hailee Meisterling 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. CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO 2021-055 A RESOLUTION APPROVING A VARIANCE TO ALLOW THE PROPERTY IDENTIFIED AS 8950 LAKE JANE TRL., TO CONSTRUCT A SPORT COURT CLOSER TO THE ORDINARY HIGH WATER LEVEL (OHWL) THAN WHAT THE SHORELAND CODE REQUIRES. WHEREAS, Steve and Haley Meisterling (the “Applicant”) owners of 8950 Lake Jane Trl, 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 a sport court which will meet all zoning requirements, except that it will be closer to the HOWL than what the shoreland code requires; 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 Zoning Code have been met by the Applicants. 3)That the proposed variances include the following components: a)The construction of a sport court which will not meet the 100 ft. setback requirement from the OHWL. The court is allowed to sit 63 ft. from the OWHL resulting in a 37 ft. variance from the City Zoning Code. 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 permitted by an official control; •Variance from Minimum Structure Setback from OHWL: With respect to the proposed variance for a setback from the OHWL, strict enforcement of the City’s zoningregulations will cause practical difficulties and the applicant is proposing to use theproperty in a reasonable manner. The property was platted and established prior to current development standards which has resulted in a short depth but very wide lot. Applying the 100 ft. setback along with the 30 ft. setback from the ROW does make it very difficult for the property to have any buildable area that would not conflict with aprovision of the City Code. The sport court will be able to meet the front yard setbackrequirement of 30 ft. and sit behind the home. Though, it will not be possible for the structure to be constructed on the property without needing a variance from the OWHL. However, the previous variance for the home has established the idea that a reduction in the setback from the OHWL is reasonable. Furthermore, with the City Code having aprovision for lot averaging it can then be said that a reduction from 100 ft. is a reasonablerequest. Also, due to the west side of the property holding the septic system there is not another location where it could be constructed. 5)Unique Circumstances the plight of the landowner is due to circumstances unique tothe property not created by the landowner; •Variance from Minimum Structure Setback from OHWL: With respect to the proposed variance for setback from the OHWL (924 Elevation) of the structure, the plightis unique and has not been caused by the Applicant. The OWHL does come up quite far onthe property which forces the court closer to the front of the lot. Also, with the front lot line sitting in the middle of Lake Jane Rd. it does requires the court to sit 30 ft. from the ROW instead of the front lot line. To reasonably place and design a court around the front and rear setback requirements is not possible and would not allow the property to build acourt. 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 from Minimum Structure Setback from OHWL: With respect to theproposed variance for setback from the OHWL of the structure, the proposed variance will not alter the essential character of the locality. The property owners have already installed landscaping along Lake Jane road which will screen the court from the roadwayand neighboring properties. Also, there are other structures such as pools and tenniscourts on neighboring properties which are similar in nature. 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 propertyvalues within the neighborhood; •Variance from Minimum Structure Setback from OHWL: With respect to the proposed variance for the setback from the OHWL, the proposed variance will not impairan adequate supply of light and air to the adjacent property or substantially increase thecongestion of the public streets or substantially diminish property values. With the court being flat it will not negatively impact the neighboring properties as required by the variance criteria. Furthermore, the court is not expected to substantially diminish or impair property values within the neighborhood. CONCLUSIONS AND DECISION The City Council hereby approves the requested variance to build a sport court closer to the OHWL than what the City Zoning Code allows for the property addressed as 8950 Lake Jane Trail. The conditions for approval for the variance are outlined below: 1. The property apply for a certificate of zoning compliance to construct the sport court.2.All lighting shall be directed towards the ground and comply with Lake Elmo’s lightingstandards.3.During construction silt fencing and other environmental measures shall be taken to preserve and protect the lake and surrounding vegetation. 4.If approved this variance approval is valid for 1 year and would expire on May 4th, 2022.The City must receive a certificate of zoning compliance to build the sport court by May4th, 2022 to keep the approval valid. 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