HomeMy WebLinkAboutBZ Packet 06.13.2019AGENDA
HUGO BOARD OF ADJUSTMENTS AND APPEALS
June 13, 2019
6:30 PM
A. CALL TO ORDER
B. ROLL CALL (Arcand, Mulvihill, Weidt)
C. APPROVAL OF MINUTES
1. May 9, 2019.
D. PUBLIC HEARING
1. Oman Variance Request, 6900 170th Street North — Variance request from the Shoreland
Overlay District setback requirements.
E. NEW BUSINESS
F. OLD BUSINESS
G. ADJOURNMENT
MINUTES
HUGO BOARD OF ZONING ADJUSTMENTS AND APPEALS
MAY 9, 2019
Chairperson Weidt called the meeting to order at 6:28 p.m.
Oath of Office
On July 18, 2018, City Council conducted interviews to fill vacancies on the Hugo's commissions.
Adoption of the Consent Agenda from this date approved the appointment of Maria Mulvihill to
the Hugo Board of Zoning Appeals and Adjustments.
Mulvihill read and signed the oath of office for the Hugo Board of Zoning Adjustments and
Appeals.
Roll Call
PRESENT: Arcand, Mulvihill, Weidt.
ABSENT: None.
ALSO PRESENT: Rachel Juba, Community Development Director
Emily Weber, Community Development Assistant
Approval of Minutes
Arcand made a motion, Weidt seconded, to approve the minutes for November 9, 2017, as
presented.
All Ayes. Motion carried.
Wlaschin — Variance request for accessory building height located at 7755 125th Street North
Staff provided background on the Wlaschin variance request. Weber stated that the applicant is
requesting a variance from the height regulations to allow a maximum of 25 feet in height for the
proposed accessory building. The City Code requires that no accessory building can exceed the
height of the principal building, in this case the home, on the property. The height of the home is
20 feet, therefore a variance is required. The property is zoned Rural Residential and is located on
six acres. Weber reviewed the unique circumstances of the request and stated that the proposed
variance request meets the spirit and intent of the code.
Staff recommended the Board open the public hearing and take public comment. Staff
recommended approval of the variance request from Matt Wlaschin, located at 7755 125th St N,
to allow a maximum of 25 feet in height for the proposed 4,000 square foot accessory building.
Chairperson Weidt opened the public hearing at 6:35 p.m.
No one was in the audience.
Chairperson Weidt closed the public hearing at 6:36 p.m.
Arcand made a motion, seconded by Mulvihill, to recommend approval to the City Council of the
variance request from Matt Wlaschin, located at 7755 125th St N, to allow a maximum of 25 feet
in height for the proposed 4,000 square foot accessory building.
All Ayes. Motion carried.
Adiournment
Arcand made a motion, Mulvihill seconded, to adjourn at 6:39 p.m.
All Ayes. Motion carried.
Respectfully Submitted,
Emily Weber, Community Development Assistant
2
Agenda Number D.1
CITY OF HUGO COMMUNITY
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING
APPLICATION STAFF REPORT
TO: Hugo Board of Zoning Adjustments
FROM: Emily Weber, Community Development Assistant
SUBJECT: Pamela Oman, 6900 170th Street North — Variance request from the
Shoreland Overlay District setback requirements.
DATE: May 7, 2019 for the Board Meeting on May 13, 2019.
ZONING: Future Urban Service (FUS).
REVIEW DEADLINE: July 7, 2019.
1. DESCRIPTION OF REQUEST:
The applicant is requesting a variance from the Shoreland Overlay District setback requirements
for a proposed house addition. The request is to allow a house addition to be setback 80 feet from
the ordinary high water (OHW) mark of Horseshoe Lake, where 200 feet is required by the
Shoreland Overlay District. The existing home is legal nonconforming and the applicant is
proposing an addition to the house. The property 0.8 acres and is located within the Future Urban
Service (FUS) zoning district.
2. LEVEL OF CITY DISCRETION IN DECISION-MAKING:
The City's discretion in approving or denying a variance is limited to whether or not the proposed
project meets the standards in the Zoning Ordinance for a variance. The City has a higher level of
discretion with a variance because the burden of proof is on the applicant to show that they meet
the standards in the ordinance.
3. ANALYSIS:
A. Surrounding Land Use and Zoning
The properties to the north, west, and south are zoned FUS and are occupied by single family
homes. Horseshoe Lake is located to the east of the property. The surrounding properties are one
to 12 acres in size. The area is classified as Low Density Residential in the 2030 Land Use Plan.
Oman Variance
Page 2
B. Setback Requirement Variance
The Shoreland Overlay District requires a structure setback of 200 feet from the OHW mark of
Horseshoe Lake however, the Minnesota DNR requires a 150 feet setback. The proposed house
addition is proposed to be setback 80 feet from the OHW mark of Horseshoe Lake.
4. VARIANCE STANDARDS:
The Board must review the requested variances with the standards outlined in Section 90-38 of the
land use regulations. Staff used these standards to review the variance request and finds the
following:
(1) Law. The variance as requested is permissible by law.
The proposed variance is permissible by law.
(2) Practical Difficulties. The applicant for a variance shall establish that there are practical
difficulties in complying with the provisions of the zoning regulations. The term "Practical
Difficulties" as used in the granting of a variance means:
a. Reasonable Use. The property owner proposes to use the property in a reasonable
manner not permitted by the zoning ordinance and,
By adding an addition to the house, the applicant is proposing to use the property in a
reasonable manner. No part of the existing building meets the shoreland setback
requirements, making a variance request necessary to build an addition on to the home. It
is in staff's opinion that it is reasonable to request an addition to the house.
b. Unique Circumstances. The plight of property owner is due to circumstances unique
to the property not created by the landowner and,
The property is unique in that the existing building is legal nonconforming to shoreland
setback requirements and the entire property is located within 200 feet of the OHW mark.
No part of the existing building meets shoreland setback requirements. The proposed house
addition is restricted in location due to the existing design and layout of the house.
Additionally, the surrounding properties have buildings within similar distances to the
OHW mark.
c. Character of Neighborhood. The variance, if granted, will not alter the essential
character of the neighborhood.
Single family homes are common within this area and are allowed in the FUS zoning
district. Many of the homes around Horseshoe Lake are legal nonconforming and do not
meet shoreland requirements. The proposed setback variance would not noticeably alter
the character of the area.
W
Oman Variance
Page 3
It is in staff's opinion that there are practical difficulties in meeting the shoreland setback
requirements. The property owner is proposing to use the property in a reasonable manner with
adding an addition to the house. The location of the house and property boundaries make it
infeasible to meet the shoreland setback requirements of 200 feet. Several buildings on Horseshoe
Lake do not meet the shoreland setback requirements and the proposed addition would not alter
the character of the area.
(3) Spirit and Intent. The granting of the variance would be in keeping with the spirit and intent
of this chapter and with the policies of the City's Comprehensive Plan.
The spirit and intent of the shoreland setback requirement is to keep buildings a reasonable distance
from the lakes. The existing house and several houses in the area do not meet the shoreland
setback requirements. The proposed building addition is further from the lake than the existing
house. The variance request would result in the proposed addition being a reasonable distance
from the lake, therefore, would meet the spirit and intent of the ordinance.
(4) Prohibited Use. The variance, if granted, shall not have the effect of allowing any use
prohibited in the district.
The addition the house is allowed in the FUS zoning district.
(5) Hazard Consideration. The variance, if granted, shall not permit a lower degree of flood
protection than required by this chapter. The variance shall be determined the minimum
necessary, considering the flood hazard, to afford relief, and the variance shall not be issued
within any designated regulatory floodway if any increase in flood levels during the base flood
discharge would result.
The property is not located within a FEMA designated floodplain. However, the building addition
will be required to meet building code regulations regarding low floor separation from the
groundwater elevation.
(6) Septic and Well Compliance. The sewage treatment system and water system of the subject
property is in compliance with city and state codes.
The property is served by well and septic systems. Any additional septic system installed must
comply with city and state codes. The applicant will be required to get a permit from Washington
County for the house addition in relation to septic system compliance.
5. CONCLUSION:
The applicant is requesting a variance from the Shoreland Overlay District setback requirements
to allow an addition on to an existing house. It's in staff's opinion that the applicant meets all the
criteria necessary to approve the variance request.
6. RECOMMENDATION:
Oman Variance
Page 4
Staff recommends approval of the variance request from Pamela Oman, 6900 170th Street North,
to allow a house addition to be setback 80 feet from the OHW mark of Horseshoe Lake, where
200 feet is required by ordinance.
ATTACHMENTS:
1. Resolution
2. Location Map
3. Site Plan
4. Applicant's Narrative
2
RESOLUTION 2019 -XX
APPROVING A VARIANCE FROM THE SETBACK REQUIREMENTS FOR A
HOUSE ADDITION LOCATED WITHIN THE SHORELAND OVERLAY
DISTRICT FOR PAMELA OMAN AT 6900 170TH STREET NORTH.
WHEREAS, Pamela Oman has requested approval of a variance request to allow a house
addition to be setback 80 feet from the ordinary high water (OHW) mark of Horseshoe
Lake, where 200 feet is required by the Shoreland Overlay District for the property
legally described as follows:
GOVERNMENT LOT 5, SECTION 4, TOWNSHIP 31, RANGE 21 WEST,
WASHINGTON COUNTY, MINNESOTA.
WHEREAS, the Board of Zoning has reviewed said variance at a duly called public
hearing on June 13, 2019, and recommends approval with the following findings and
conditions:
1. The requested variance is permissible by law.
2. Because of circumstances unique to the property the applicant is proposing to use
the property in a reasonable manner.
3. The setback variance on the applicant's proposed house addition would not
noticeably alter the character of the area.
4. The granting of the variance would be in keeping with the spirit and intent of the
ordinance.
5. The addition to a house is allowed in the Future Urban Service zoning district.
6. The subject property is not within a FEMA designated floodplain.
7. The sewage treatment system and water system of the subject property is in
compliance with City and State codes.
8. The applicant must apply and receive a building permit prior to construction of
the house addition.
9. The house addition shall meet all building code requirements.
10. The house addition shall be setback at least three feet from the existing well.
11. The house addition shall meet low floor separation requirements from the
groundwater elevation.
12. The applicant is required to get a permit from Washington County for the house
addition in relation to septic system compliance.
Resolution 2019 -XX
Page 2
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the
variance request for Pamela Oman to allow a house addition to be setback 80 feet from
the ordinary high water (OHW) mark of Horseshoe Lake.
ADOPTED by the City Council this 1St day of July, 2019.
Tom Weidt, Mayor
ATTEST:
Michele Lindau, City Clerk
1 inch = 41.75 feetw+e
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Jerold Philipson & Pamela Oman
6050148th st
Hugo, MN
Oman amt aol.com
We request a setback variance for an addition to our house at 6900170th st Hugo, MN From 150 ft. To
95ft. From the lake shore given the floor plan and design of the existing house we cannot move the
addition further back
Jerold Philipson & Pamela Oman
6050 148th st
Hugo, MN
Omanpaml@aol.com
We request. A variance for set back of an addition to our house at 6900170th st Hugo, MN the house
was built in 1976 and requires climbing of stairs to our bedroom we are needing to add a first floor
bedroom so that we may continue living here in our later years. This addition is to be built further back
from the lake by approximately five feet it is the only logical place for addition given the shape and floor
plan of the existing. house.
This would be the highest and best use of the property
IN