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Home My WebLink About4a - 2621 Innsdale Variance PC Staff ReportSTAFF REPORT DATE: 3/13/2023 REGULAR ITEM#: 4a – PUBLIC HEARING MOTION TO: Planning Commission FROM: Sophia Jensen, City Planner AGENDA ITEM: 2621 Innsdale Ave – Front and Side Yard Setback Variance INTRODUCTION: Bryant Olson (Applicant and Owner) recently submitted a variance application for a home addition that would further encroach required side and front yard setbacks of the Residential Estate (RE) zoning district on the property located at 2621 Innsdale Ave N, Parcel Identification No. 21.029.21.24.0006 (Subject Property). ISSUE BEFORE PLANNING COMMISSION: The Planning Commission is being asked to hold a public hearing, review, and make a recommendation on the variance request. VARIANCE REQUEST DETAILS/ANALYSIS: Address: 2621 Innsdale Ave N PID: 21.029.21.24.0006 Lot Area: 1.5 acres Existing Zoning: Residential Estate (RE), Valley Branch Watershed District Surrounding Zoning: Residential Estate to the North, South, and West; Lake Elmo Park Reserve to the East Deadline for Action: Application Complete – 1/19/2022 60 Day Deadline – 3/20/2023 Extension Letter Mailed – N/A 120 Day Deadline – N/A Applicable Regulations: Article XI Rural Districts Article V Zoning Administration and Enforcement REASON FOR REQUEST The existing home was built in 1987 and is a legal nonconformity because does not meet the current front or side yard setback requirements. Below is a table of the Residential Estate Setbacks (LEC 105.12.630), the existing home setbacks, and the proposed setbacks: Residential Estate Zoning Existing Home Setbacks Proposed Addition Setbacks Front Yard 100 ~ 61.25ft 57.25ft Interior Side Yard 50 ~ 57ft and 47ft 40.2ft and 20.3ft Rear Yard 100 ~ 320ft No Change 2 CITY AGENCY REVIEW: This request was distributed to the City Engineer and Fire Department on February 1st 2023. Fire Department Email Dated 2/7/2023: • Building address numbers shall be plainly visible from the street fronting the property and shall contrasting color from the background. Addresses may be required to be posted adjacent to driveways or other access ways. City Engineer Email Dated 2/3/2023: • There does not appear to be any infrastructure (watermain/storm sewer) located along the side lot lines. • Any approvals should be conditioned on the improvements not altering drainage patterns that impact neighboring properties. REVIEW AND ANALYSIS/DRAFT FINDINGS: An applicant must establish and demonstrate compliance with the variance criteria set forth in Lake Elmo City Code Section 105.12.320 set forth by the MN Stat. 462.357 subd.6 before the City may grant an exception or modification to city code requirements. These criteria are listed below, along with comments from Staff about the 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: Strict enforcement of the code would create the inability for any proposed addition to the home. Due to the narrow and long lot layout the front and sides of the home are already encroaching setback requirements while the septic system restricts any addition to the rear of the home. 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 is not responsible for the lot layout nor the existing legal nonconformity of the building encroachment into setbacks. The home was built in 1987. The current owner purchased the home in 2019. 3) Character of Locality. The proposed variance will not alter the essential character of the locality in which the property in question is located. 3 FINDINGS: The proposed request should not alter the character of the neighborhood. The proposed residential addition fits architecture and use of surrounding homes. The home is to remain a single family unit. 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 request should have no negative effect on light and air to adjacent properties the home would not encroach easements and would remain a fair distance from neighboring dwelling units. Property values should not be diminished from the request. The request should not increase congestion in the public street. PUBLIC COMMENT: A hearing notice was sent to surrounding properties on March 1st 2023. A hearing notice was published in the local newspaper on March 3rd 2023. Staff has not received any public comment at this time. FISCAL IMPACT: None RECOMMENDED CONDITIONS OF APPROVAL 1. A building permit must be issued prior to construction. 2. Building materials must be aesthetically similar to the existing home. 3. All stormwater runoff from the proposed addition shall be contained on the applicant’s property. Stormwater shall not be directed onto adjacent properties. 4. This variance approval is only for reduced front and side yard setbacks. 5. If approved, this variance shall expire if the work does not commence within 12 months of the date of granting the variance. OPTIONS: The Planning Commission may: • Recommend approval of the variance. • Recommend approval of the variance with conditions. • Recommend denial of the variance, citing recommended findings of fact for denial. RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of the variance request. “Move to recommend approval of a variance request to reduce front and side yard setback requirements of the Residential Estate Zoning district for the property located at 2621 Innsdale Ave N. with the conditions of approval listed in the staff report” ATTACHMENTS: 1) Land Use Application 2) Written Statements 3) Location Map 4 4) Certified Survey 5) Building Plans 6) Engineer Email Dated 2/3/2023 7) Fire Dept. Email Dated 2/7/2023 8457 8454 2621 2655 8364 2626 8483 8478 8375 8341 ArcGIS Web AppBuilder Wash_Co_mosaic_2022.jp2 Red: Band_1 Green: Band_2 Blue: Band_3 Parcels 2/9/2023, 12:07:42 PM 0 0.03 0.050.01 mi 0 0.04 0.080.02 km 1:2,257 1 Sophia Jensen From:Jack Griffin <Jack.Griffin@focusengineeringinc.com> Sent:Friday, February 3, 2023 3:05 PM To:Sophia Jensen Cc:Jenni Faulkner Subject:2621 Innsdale Ave Setback Variance Caution: This email originated outside our organization; please use caution. Sophia, Below are my comments for the 2621 Innsdale Ave Setback Variance. Please let me know if there is anyting more you need from engineering. 1. There was limited plan information provided for engineering review. However, there does not appear to be any infrastructure (watermain/storm sewer) located along the side lot lines. 2. No proposed grading plan was submitted for review. Any approvals should be conditioned on the improvements not altering drainage patterns that impact neighboring properties. If a grading plan review is needed, please request the appliant to provide a proposed grading plan to scale and to provide existing conditions survey with existing septic system accurately shown. Thanks ~Jack John (Jack) W. Griffin, P.E. Principal / Sr. Municipal Engineer FOCUS ENGINEERING, INC. 651.300.4264 jack.griffin@focusengineeringinc.com 1 Sophia Jensen From:Dustin Kalis Sent:Tuesday, February 7, 2023 10:44 AM To:Sophia Jensen Subject:RE: Lake Elmo Land Use Review - February 1st Batch 2621 Innsdale Ave Setback Variance: Bryant Olson, homeowner, has submitted a variance for flexibility from zoning setback requirements for a home addition. The property is zoned Residential Estate (RE). Reviewers: Fire. Fire Department comments: 1) Building address numbers shall be plainly visible from the street fronting the property and shall contrasting color from the background. Addresses may be required to be posted adjacent to driveways or other access ways. Dustin Kalis | Fire Chief Lake Elmo Fire Department Fire Station #1 - 3510 Laverne Ave. N. | Lake Elmo, MN | 55042 651-747-3933 office | www.lakeelmo.org