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Home My WebLink About#12 - 8286 Hidden Bay Ct. VarianceSTAFF REPORT DATE: 7/2/2024 REGULAR MOTION TO: City Council FROM: Sophia Jensen, City Planner AGENDA ITEM: Variance Request – 8286 Hidden Bay Court INTRODUCTION: Jeff and Judy Otto (Applicants) submitted a variance application for a reduced ordinary high water level setbacks for a new home on the property located at 8286 Hidden Bay Ct (Subject Property). This is a deviation from the City’s Shoreland Management Overlay District Code Section 105.12.1260 Table 17-3 for unsewered shoreland lots. The existing home is considered a legal nonconformity because it is within the 100 foot ordinary high water level (OHWL) setback, and because the impervious surface maximum for unsewered shoreland lots is exceeded. The applicants are looking to demolish the existing home and construct a new single family home. In 2023 the applicants requested a structure setback variance (to 36.9’), septic setback variance (to 38.3’), and impervious surface variance for the property (to 21.8%). They withdrew the structure setback and impervious surface requests prior to City Council action and only received a variance for the septic setback from the OHWL. The applicants have since revised their plans to come into compliance with impervious surface requirements. They have reduced the site from the existing 18.3% down to 15% hard cover. Due to the unique nature of the lot the applicants are still requesting a variance for a structure setback from the OHWL although they are not encroaching any further than the current house and requesting a smaller variance that in 2023. Request Required Existing Proposed Structure Setback from OHWL 100’ 47.2’ 47.2’ ISSUE BEFORE CITY COUNCIL: The City Council is being asked to make a determination on the variance request. VARIANCE REQUEST DETAILS/ANALYSIS: Address: 8286 Hidden Bay Court North PID: Variance Requests: 09.029.21.23.0013 The applicant is seeking deviations from LEC 105.12.1260 Table 17-3 which requires structure setback from the OHWL to be 100 feet. Existing Zoning: Rural Single Family, Shoreland Overlay District, Valley Branch Watershed District 2 Surrounding Zoning: North: Rural Single Family South: Rural Single Family East: Rural Single Family West: Rural Single Family Deadline for Action: Application Complete – 5/10/2024 60 Day Deadline – 7/9/2024 City Council Review – 7/2/2024 Applicable Regulations: Article V - Zoning Administration and Enforcement Article XI – Rural Districts Article XIX – Shoreland Overlay District 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 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. 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: A single family house is consistent with the zoning district and shoreland overlay district. With this request the site’s impervious surface will be reduced and brought into conformance (15%). 2)Unique Circumstances. The plight of the landowner must be due to circumstances unique to the property not created by the landowner. Findings: The OHWL setback and zoning setbacks on this property significantly impact buildable area. Staff finds the site revisions made from the previous request better meet the intent of the shoreland overlay code. The applicants are not proposing to encroach any further than the existing conditions. 3) Character of Locality. The proposed variance must not alter the essential character of the locality in which the property in question is located. Findings: Essential character should not be altered with this request. The proposal is at the same setback as the current structure. 4)Adjacent Properties and Traffic. The proposed variance must 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. 3 Findings: The reduced structure setback should not increase congestion on a public street or negatively impair adjacent properties. CITY AGENCY REVIEW: This request was distributed to several departments and agencies for review on June 12th 2023. The following departments provided comments on the variance request. •Valley Branch Watershed District (5/20/24) Provided comments regarding a 35’ wide buffer strip, grading, and the minimum floor elevation. The variance for the septic approved in 2023 has the condition regarding the buffer installation. •City Engineer – Did not have comments. •Fire Department – Did not have comments. •MN DNR – Did not have comments. PUBLIC COMMENT: A hearing notice was sent to surrounding properties on May 29th, 2024. A hearing notice was published in the local newspaper on May 31st, 2024. Due to a discrepancy in meeting time a second public hearing was sent to property owners on June 18th and published in the local newspaper on June 21st, 2024. Below is a summary of the public comment received: •Pam and Doug Huntly – Provided written comment in support of the request. PLANNING COMMISSION The Planning Commission reviewed this request at their June 10th meeting. The Commission voted to recommend approval of the request with conditions (Vote 6-0). FISCAL IMPACT: None RECOMMENDED CONDITIONS OF APPROVAL 1. This variance approval is only for a reduced structure setback from the ordinary high water level to 47.2 feet. 2. The applicant must obtain all other necessary City, State, and other governing body permits and approvals prior to construction. 3. If approved, this variance shall expire if work does not commence within 12 months of the date of granting the variance. OPTIONS: The City Council may: •Approve the variance, citing recommended findings of fact for approval. •Approve the variance with conditions citing recommended findings of fact for approval. •Deny the variance, citing recommended findings of fact for denial. RECOMMENDATIONS: Staff recommends the following motion: “Move to adopt Resolution 2024-074 approving the request with conditions from Jeff and Judy Otto for a variance to allow a reduced structure setback of 47.2 feet from the ordinary high water level for the property located at 8286 Hidden Bay Court based on the findings listed in the staff report.” 4 ATTACHMENTS: 1)Location Map 2)Land Use Application 3)Written Statement and Plans 4)VBWD Email (5/20/24) 5)Public Comment 6)Resolution 2024-074 8282 8290 8286 8200 ArcGIS Web AppBuilder Parcels DNR Protected Waters ID 5/20/2024, 12:19:52 PM 0 0.01 0.020.01 mi 0 0.02 0.040.01 km 1:1,128 Washington County, MN | From:John P. Hanson To:Sophia Jensen Subject:RE: Lake Elmo Land Use Review - May 1st Batch Date:Monday, May 20, 2024 12:06:07 PM Attachments:image002.png Caution: This email originated outside our organization; please use caution. Hi Sophia, Since the 2023 variance includes the required buffer, you can disregard the comment (unless you need to reinforce the requirement/remind the landowners). Thanks, John John P. Hanson, PE Valley Branch Watershed District Engineer Barr Engineering Co. | 4300 MarketPointe Drive | Bloomington, MN 55435 office: 952.832.2622 | cell: 612.590.1785 JHanson@barr.com | www.barr.com | www.vbwd.org From: Sophia Jensen <SJensen@lakeelmo.gov> Sent: Monday, May 20, 2024 11:52 AM To: John P. Hanson <jhanson@barr.com> Subject: RE: Lake Elmo Land Use Review - May 1st Batch CAUTION: This email originated from outside of your organization. The property received a variance in 2023 (attached) condition 2 is for the property to have a 35’ wide buffer per VBWD requirements. Are you asking me to make that condition again for this variance request? Or can I disregard the comment since they already are installing the 35’ wide buffer with the last variance approval. Let me know if this makes sense. Sophia Jensen City Planner 3880 Laverne Ave N | Lake Elmo MN 55042 651-747-3911 | www.lakeelmo.gov 3880 Laverne Ave N | Lake Elmo MN 55042 651-747-3911 | www.lakeelmo.gov **The City of Lake Elmo will be changing to a .gov domain starting May 17th. Please use sjensen@lakeelmo.gov moving forward. I will still be receiving emails to .org during the transition period. From: John P. Hanson <jhanson@barr.com> Sent: Monday, May 20, 2024 10:03 AM To: Sophia Jensen <SJensen@lakeelmo.gov> Subject: RE: Lake Elmo Land Use Review - May 1st Batch Caution: This email originated outside our organization; please use caution. Hi Sophia, Valley Branch Watershed District (VBWD) rules say: “A minimum 35-foot-wide buffer strip measured perpendicular to the OHW extending 35 feet inland shall be provided. A mowed access path and shoreline are allowed but must not exceed 30% of the landowner’s shoreline width or 30 feet, whichever is less. For shorelines less than 20 feet wide, a 6- foot-wide access path is allowed. Access paths shall not be located where concentrated runoff will flow to the lake.” “Upland buffer vegetation shall be provided around wetlands, streams, and lakes as discussed in the following paragraphs and Rule 4, Standard 6c. Native, noninvasive vegetation is preferred. Buffer vegetation shall not be cultivated, cropped, pastured, mowed, fertilized, subject to the placement of mulch, yard waste, or snow piles, or otherwise disturbed, except for periodic cutting or burning that promotes the health of the buffer, actions to address disease or invasive species, mowing for purposes of public safety, temporary disturbance for placement or repair of buried utilities, or other actions to maintain or improve buffer quality, each as approved by the VBWD or when implemented pursuant to a written agreement executed with the VBWD. No new structure or impervious surface shall be placed within a buffer. Grading within upland buffers must result in slopes of 5 feet horizontal to 1 foot vertical or flatter with 8-feet[1]horizontal to 1-foot-vertical buffers encouraged. No fill, debris, or other material shall be excavated from or placed within a buffer without VBWD approval.” It appears the proposal can meet the VBWD’s buffer rule. To meet VBWD’s minimum floor elevation rule, the lowest floor should be no lower than 933.8 (NAVD 88). Please let me know if you have any questions. Thanks, John John P. Hanson, PE Valley Branch Watershed District Engineer Barr Engineering Co. | 4300 MarketPointe Drive | Bloomington, MN 55435 office: 952.832.2622 | cell: 612.590.1785 JHanson@barr.com | www.barr.com | www.vbwd.org From: Sophia Jensen <SJensen@lakeelmo.gov> Sent: Monday, May 20, 2024 8:21 AM To: Anthony Svoboda <ASvoboda@lakeelmo.gov>; Dustin Kalis <DKalis@lakeelmo.gov>; John P. Hanson <jhanson@barr.com>; daniel.scollan@state.mn.us Cc: Ashley Monterusso <AMonterusso@lakeelmo.gov> Subject: FW: Lake Elmo Land Use Review - May 1st Batch CAUTION: This email originated from outside of your organization. Team, Just a reminder that agency review is due tomorrow for the application below. Thank you! Sophia Jensen City Planner 3880 Laverne Ave N | Lake Elmo MN 55042 651-747-3911 | www.lakeelmo.gov From:Doug Huntley To:Sophia Jensen Cc:Pamela Huntley; matt@plaadoffice.com Subject:Input to the variance request for Jeff and Judy Otto, 8286 Hidden Bay Ct N Date:Wednesday, June 5, 2024 10:59:00 AM Attachments:Outlook-d003tlky.png Outlook-ay2faahc.png Outlook-sbxkwece.png Outlook-irqkqb0o.png Outlook-2wkmuppp.png You don't often get email from dahuntley1@mmm.com. Learn why this is important Caution: This email originated outside our organization; please use caution. Sophia, I am writing to you in order to provide neighbor feedback on the variance request. For context, we (Pam and Doug Huntley) live across the private road from Jeff and Judy at 8290 Hidden Bay Ct N. Overall, we support the variance request after speaking this morning with Matt, their architect from PLAAD, LLC. Our primary concern was the potential for increased runoff from the proposed driveway as the current surface is permeable (dirt) and a sloped, paved driveway would potentially increase water flow that accumulates in our backyard. Matt assured us that they will factor this into the building plans by incorporating methods to interrupt the direct flow such as a perpendicular grate. Please feel free to call me if you have any questions or if you need additional information from me (651) 334-0524. Kind regards, Doug _________________________________________________________________________________________ Douglas Huntley | Sr. Global R&D Director, Consumer Safety & Well-Being 3M Consumer Business Group 3M Center, 251-1E-19 | St. Paul, MN 55144-1000 | United States Mobile: +1 651 334 0524 dahuntley1@mmm.com 1 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA RESOLUTION NO. 2024-074 A RESOLUTION APPROVING A VARIANCE TO ALLOW A REDUCED STRUCTURE SETBACK OF 47.2 FEET FROM THE ORDINARY HIGH-WATER LEVEL ON THE PROPERTY LOCATED AT 8286 HIDDEN BAY COURT NORTH WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Jeff and Judy Otto (the “Applicants”), owners of the property located at 8286 Hidden Bay Court N, PID # 09.029.21.23.0013, Lake Elmo, MN 55042 (the “Property”) have submitted an application to the City of Lake Elmo (the “City”) to request a variance to allow a reduced structure setback of 47.2 feet from the ordinary high-water level for a new house; and WHEREAS, notice of a public hearing has been published, mailed, and posted pursuant to the Lake Elmo Zoning Code, Section 103.00.120; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter on June 10th 2024; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation of approval of the variance to the City Council as part of a Staff Memorandum dated June 18th 2024; and NOW, THEREFORE, based on the testimony elicited and information received, the City Council makes the following: FINDINGS 1.The Applicants are requesting a variance to allow for a reduced structure setback of 47.2 feet from the ordinary high-water level for a new single family home. 2.That the procedures for obtaining a variance are set forth in Section 105.12.320 of the Lake Elmo Zoning Code. Any action taken by the City Council to approve a variance request must meet all of the following findings: a.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. 2 Findings: A single family house is consistent with the zoning district and shoreland overlay district. With this request the site’s impervious surface will be reduced and brought into conformance (15%). b.Unique Circumstances - the problem for the landowner/applicant which the intended variance is intended to correct is unique to the property in question that was not created by the landowner/applicant. Findings: The OHWL setback and zoning setbacks on this property significantly impact buildable area. Staff finds the site revisions made from the previous request better meet the intent of the shoreland overlay code. The applicants are not proposing to encroach any further than the existing conditions. c.Character of Locality - the proposed variance will not alter the essential character of the locality in which the property in question is located. Findings: Essential character should not be altered with this request. The proposal is at the same setback as the current structure. d.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 reduced structure setback should not increase congestion on a public street or negatively impair adjacent properties. DECISION NOW, THEREFORE, BE IT FURTHER RESOLVED, and based upon the information received and the above Findings, that the City Council of the City of Lake Elmo hereby approves the Applicants’ request for a variance to allow a reduced structure setback from the ordinary high-water level on the Property, subject to the following conditions: 1. This variance approval is only for a reduced structure setback from the ordinary high water level to 47.2 feet. 2. The applicant must obtain all other necessary City, State, and other governing body permits and approvals prior to construction. 3. If approved, this variance shall expire if work does not commence within 12 months of the date of granting the variance. Passed and duly adopted this 2nd day of July, 2024 by the City Council of the City of Lake Elmo, Minnesota ____________________________________ Mayor Charles Cadenhead ATTEST: _______________________________ Julie Johnson, City Clerk