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HomeMy WebLinkAboutBZ Packet 08.13.20Agenda Hugo Board of Zoning Adjustments and Appeals Thursday, August 13, 2020 REMOTE MEETING 6:30 PM Meeting to be held remotely pursuant Minn. Stat. Sec. 13D.021 i CI I Y O� TGO HV EST. 1906 Anyone who wishes to speak at the meeting is strongly encouraged to make arrangements by 4:30 p.m. on the day of the meeting by contacting Community Development Assistant, Emily Weber at 651-762-6311 or eweber@ci.hugo.mn.us. For more information on the remote meeting and participation, go to: www.ci.hugo.mn.us/participate Meeting ID: 8513167 1110 A. ROLL CALL: Arcand, Mulvihill, Weidt B. PLEDGE OF ALLEGIANCE C. APPROVAL OF MINUTES 1. May 28, 2020 D. PUBLIC HEARING 1. Pamela Oman, 6900 1701h Street North — Variance request from the Shoreland District setback requirement. 2. Lori Schuman, 6930 1701h Street North — Variance request from the Shoreland District setback requirement. L� > • L&ritI311.9 I > • 1 &S1 F. OLD BUSINESS Ccw_1b19111.1>• I u h1>•>t 111 If you need accommodations for the meeting please contact Rachel Juba at (651) 762-6304 or rluba@ci.hueo.mn.us, thank you. Minutes for the Board of Zoning Adiustments and ADDeals Meeting of Thursday. Ma 28, 2020 Meeting held remotely pursuant Minn. Stat. Sec. 13D.021 Chair Weidt called the meeting to order at 6:28 pm. PRESENT: Arcand, Mulvihill, Weidt. ABSENT: None. STAFF: Rachel Juba, Community Development Director Emily Weber, Community Development Assistant Pledge of Allegiance. roval of Minutes for the BOZA Meeting of August 22. 2019 Board Member Arcand made a motion, seconded by Mulvihill to approve minutes for the meeting of August 22, 2019. Ayes: Arcand, Mulvihill, Weidt. Nay: None. Motion carried. Public Hearing: Richard and Cynthia Degnan, 12160 Falcon Avenue North — Variance request from the rear vard setback reauirements. Staff provided background on the request and analyzed the requested variance with the standards outlined in the land use regulations of the City Code. It is in staff's opinion that there are practical difficulties in meeting the R1 setback requirements and the request meets the spirit and intent of the City Code. Staff noted that Tom Sorenson, located at 5049 124th Street Court North, had provided comments on the application stating that the building materials should be similar to that of the home and that the existing vegetation along the property line should remain. Staff recommended the Board open up the public hearing and take all comments. Staff also recommended approval of the variance request. Chair Weidt opened the public at 6:38 pm. No one came forward to speak. Chair Weidt closed the public hearing at 6:42 pm. Arcand made a motion to approve the variance request from Rich Degnan, 12160 Falcon Avenue North, to allow an accessory building to be built 10 feet from the rear lot line, where 30 feet is required by ordinance. Mulvihill seconded. Ayes: Arcand, Mulvihill, Weidt. Nay: None. Motion Carried. May 28, 2020 PC Minutes Page 2 Adjournment Commissioner Arcand, Commissioner Mulvihill seconded, to adjourn at 6:42 pm. Ayes: Arcand, Mulvihill, Weidt. Nay: None. Motion Carried. Respectfully Submitted, Emily Weber, Community Development Assistant 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: August 4, 2020 for the Board Meeting on August 13, 2020. ZONING: Future Urban Service (FUS). REVIEW DEADLINE: September 5, 2020. 1. DESCRIPTION OF REQUEST: The applicant is requesting a variance from the Shoreland Overlay District setback requirements for a proposed accessory building. The request is to allow an accessory building to be setback approximately 120 feet from the ordinary high water (OHW) mark of Horseshoe Lake, where 200 feet is required by the Shoreland Overlay District. There is an existing accessory building in generally the same location as the proposed accessory building. The applicant is proposing to replace the existing building. 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 2040 Land Use Plan. Oman Variance 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 accessory building is proposed to be setback approximately 120 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 constructing an accessory building on the property, the applicant is proposing to use the property in a reasonable manner. Only a small part of the property meets the shoreland setback requirements, therefore making a variance request necessary for any construction on the property. The proposed accessory building will meet all other setback requirements. It is in staff s opinion that it is reasonable to request an accessory building on the property. 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 all of the existing buildings on site are legal nonconforming to the shoreland setback requirements. The proposed accessory building is restricted in locations due to the existing home, well, and septic system on site. Additionally, the surrounding properties also 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. Accessory buildings 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 accessory building size is permitted by City Code and the proposed setback variance would not noticeably alter the character of the area. W Oman Variance 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 by constructing an accessory building. The location of the home, well, septic system, and property boundaries make it impractical to meet the shoreland setback requirements of 200 feet. Several buildings on Horseshoe Lake do not meet the shoreland setback requirements and the proposed accessory building 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 accessory building is further from the lake than the existing house. The variance request would result in the proposed accessory building 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. Accessory buildings are 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. 5. CONCLUSION: The applicant is requesting a variance from the Shoreland Overlay District setback requirements to allow an accessory building on the property. It's in staff s opinion that the applicant meets all the criteria necessary to approve the variance request. 6. RECOMMENDATION: Staff recommends approval of the variance request from Pamela Oman, 6900 1701h Street North, to allow an accessory building to be setback approximately 120 feet from the ordinary high water (OHW) mark of Horseshoe Lake, where 200 feet is required by ordinance. Oman Variance ATTACHMENTS: 1. Resolution 2. Location Map 3. Site Plan RESOLUTION 2020-XX APPROVING A VARIANCE FROM THE SETBACK REQUIREMENTS FOR AN ACCESSORY BUILDING 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 an accessory building to be setback approximately 120 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: See attached. WHEREAS, the Board of Zoning has reviewed said variance at a duly called public hearing on August 13, 2020, 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 accessory building 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. Accessory buildings are allowed in the Future Urban Service zoning district. 6. The subject property is not within a FEMA designated floodplain. 7. The well and septic systems 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 accessory building. 9. The accessory building shall meet all building code requirements. 10. The accessory building shall meet all setback requirements in relation to the well and septic system. Resolution 2020-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 an accessory building to be setback approximately 120 feet from the ordinary high water (OHW) mark of Horseshoe Lake. ADOPTED by the City Council this 17ffi day of August, 2020. Tom Weidt, Mayor ATTEST: Michele Lindau, City Clerk Resolution 2020-XX Page 3 Exhibit A Legal Description for 6900 1701h Street North: LEGAL VESCRIFTIOW `• All that port of Goueznmart Lot 5. SeCt'inn e, Township 31 Narth,Range 21 west, described as follow: Ccamencing at the Northwest Corner of said government IOU thence Easterly along the North line of said government lot a distance -of 362.00 feetr thence Rautherly, paralleL with tke Meat line of said government "Lot, a distance of 399.11 feet to tNv point of lkeglnning of the land to be described; time-,* Anutherly, parallel with tha Nee t lint of said governunant lot, a dfstahCe of 55.04 feet; thence Easterly, parallel Frith .ttic North line of said government lot, to the Shoreline of Horsejaljoe lake.; thence Northerly alonq. said Shoreline to thr- inter- neckion with a line drawn Easterly freio the paint of Fipginning and parallel with sjald north llrre= thence WrAterly, slang said parallel lint, to the_ point of beginn-ing. ToQerher with All [hat pare of Gout. Lot S. Sec. 4. T 11 K. k 11 v. damerfhed its fallowi. to-uit= Beginning at mho Forthw*we earner of *old Lot JI th4 tees loath RV 37' 9401. ala o this anleth Jill& thernvr fes ?Oi fewtj thepoa $ovLh jP4relJr'l to t1le krei 11us of r*,rr. Lot S. for 299.13 few% to Live point of bostnnini of #ire tract hereby de&crtba --- Thence 59vth 06037' EmsC ant 171 feet to ■ ■titke dial the top of the bank ad'mewht to the short of 11armemhaa l.Ske, thence South 3+50' Feet slang or near ttre top of sale Rank for 100 feat; t1lonce Purth 16`37' Meet for 171.6# fact; thence north ps;ellex to the Nast line ai amid Caws. Lae S. ter 99-75 fmtt to the patbt of b.eiAniw*- *In* including then p■Tae1 ad- . land Llini between described course along the sap of 'the bank sad tltm actual ■hormlinr- of the lames togmthelr ccepriaLne_. 13 cf an acre at 1med. All rk"rian rights ere IV - caudal, To prortlde aecemerto daseribwd tract from -the public road. An easemane read- - vay 2 red& vial&, is her:hr gr-AME&d, tht Eq&e lint rhareef ae,rrrlbed e& fallewu&, ro-wit: beRinnine at the MW CO MPT of daecribed tract, thence South, alnng tlwe Meer iins thereor. rend ■ continuarlan or rime to an ants ""anon vith the 7ubllr rvmd Mblcw runs ■lowg the 5puth line -of ■force&id Coot. Lot'5. Cfinta[nir=g 14.43 Strew Gore as ten+ and eLrbjMCt to a tee end Ujdf maaea.nt !et rea4ua7-.; pvYposes Oon$ the uedterLy Rdgr of ehit parcel, sad puhllt: rand abeam the South edge. „-Y of 6900 170th Street N N� Location MapAso _ EST. 1900 Hugo, MN Feet 1 in = 50 feet Agenda Number D.2 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: Lori Schuman, 6930 17011 Street North — Variance request from the Shoreland Overlay District setback requirements. DATE: August 4, 2020 for the Board Meeting on August 13, 2020. ZONING: Future Urban Service (FUS). REVIEW DEADLINE: September 8, 2020. 1. DESCRIPTION OF REQUEST: The applicant is requesting a variance from the Shoreland Overlay District setback requirements for a proposed deck. The request is to allow a detached deck to be setback approximately 90 feet from the ordinary high water (OHW) mark of Horseshoe Lake, where 200 feet is required by the Shoreland Overlay District. The property is 1.2 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 2040 Land Use Plan. Schuman Variance 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 deck is proposed to be setback approximately 90 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 constructing a deck on the property, the applicant is proposing to use the property in a reasonable manner. No part of the property meets the shoreland setback requirements, therefore making a variance request necessary for any construction on the property. It is in staff s opinion that it is reasonable to request a deck to be built on the property. 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 home on site is legal nonconforming to the shoreland setback requirements. The proposed detached deck is positioned to meet setback requirements from the existing well. Additionally, the surrounding properties also have buildings and accessory structures within similar distances to the OHW mark. c. Character of Neighborhood. The variance, if granted, will not alter the essential character of the neighborhood. Accessory structures 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. According to the DNR regulations, water oriented accessory structures are permitted within the shoreland district and are allowed to be as close as 10 feet from the OHW mark. Decks are considered a water oriented structure if they are 250 square feet or smaller. Because the proposed deck is greater than 250 square feet, a variance is required. N Schuman Variance 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 by constructing an accessory structure. The parcel's proximity to Horseshoe Lake, as well as the existing home and well locations, limit the buildable area of a deck. Several homes and accessory structures on Horseshoe Lake do not meet the shoreland setback requirements and the proposed deck 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 ordinance is to allow water oriented accessory structures on lakeshore properties as well as to allow decks of the proposed size. The proposed deck is a reasonable request and would be keeping with 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 proposed deck 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 deck will be required to meet building code regulations. (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. The applicant is required to meet setback requirements in relation to the well and septic system. 5. CONCLUSION: The applicant is requesting a variance from the Shoreland Overlay District setback requirements to allow a deck on the property. It's in staffs opinion that the applicant meets all the criteria necessary to approve the variance request. 6. RECOMMENDATION: Staff recommends approval of the variance request from Lori Schuman, 6930 170th Street North, to allow deck to be setback approximately 90 feet from the ordinary high water (OHW) mark of Horseshoe Lake, where 200 feet is required by ordinance. ATTACHMENTS: 1. Resolution 2. Location Map Schuman Variance 3. Site Plan 4. Applicant Narrative 5. Deck Drawings RESOLUTION 2020-XX APPROVING A VARIANCE FROM THE SETBACK REQUIREMENTS FOR A DETACHED DECK LOCATED WITHIN THE SHORELAND OVERLAY DISTRICT FOR LORI SCHUMAN AT 6930 170TH STREET NORTH. WHEREAS, Lori Schuman has requested approval of a variance request to allow a detached deck to be setback approximately 90 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: See attached. WHEREAS, the Board of Zoning has reviewed said variance at a duly called public hearing on August 13, 2020, 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 detached deck 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. Detached decks are 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 detached deck. 9. The detached deck shall meet all building code requirements. 10. The detached deck shall be setback at least three feet from the existing well. Resolution 2020-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 Lori Schuman to allow a detached deck to be setback approximately 90 feet from the ordinary high water (OHW) mark of Horseshoe Lake. ADOPTED by the City Council this 17ffi day of August, 2020. Tom Weidt, Mayor ATTEST: Michele Lindau, City Clerk Resolution 2020-XX Page 3 Exhibit A Legal Description for 6930 170th Street North: Legal Description: SECTION 04 TOWNSHIP 03 L RANGE 021 PT OF GOV LT 5 BE AT PT ON THE N LN OF SD GOV LT 5 382F7 ELY OF THE NW CDR THEREOF THN CONT ALG SD N LN AT S8GDEG37'E FOR 151F7 TO STAKE AT THE TOP OF THE BANK ADJACENT TO THE SHORE OF HORSESHOE LK THN S03DEG50'E ALG SD BANK FOR 300FT THN N87 DEG37'W FOR 171F-F TIN N PARL WITH THE W LN OF SD GOV LT 5 FOR 299.33FT TO THE POB ALSO INCL THAT STRIP OF LAND LYING BETWEEN DESC COURSE ALG THE TOP OF THE BANK & THE ACTUAL SHRLN OF THE Lk & EASE CITY OF 6930 170th Street N T Location Map 0 100 11V� EST. 19OG Hugo, MN Feet 1 in = 100 feet �, CITY OF 6930 170th St N Location Map o so Hugo, MN � 50 f-Feet Lori Schuman Narrative I am requesting a variance to build a detached deck on the rear of my home that is within the shoreland setback. The deck will be constructed out of composite decking and will be a total of 528 square feet in the shape of an L. There will be three areas to the deck. A 12x12 area, 16x8 area, 4 steps down to a lower deck that is 12x16. The odd shape is to maintain at least 3 feet from the well. The property sits entirely in overlay district and the house alone is very close to shoreland. My neighbors all have similar situations so it is not an unreasonable request. The deck will not affect drainage. The deck is designed in an L to avoid getting to close to the well. We will be more than 3 feet away. Dc Ll 'A- &:fit L vj 4Z, 5.'i 141 r i i I , _L. .0 a 1. 3 1 {i y _ .i� �=- , .. Y _ " of .•V ��a+tL` R7d • c ._ ., F.:: � ;•� .. �'. .. �: . n. a .. r �• Syr} IL c% Rp.» •v33.; /,rti, ��,� .;.. Mom,,_ ._ � . T: .-, . ,:. � - .. - ;,. ri .�} .3 G � _ � �•�'>'� - � :� l;p,Y.•: � ::u:Fws -- .... � . .... •.,. .. � .,M1 ,c,. v , ,�- ��?wMoF'Nt�+ .��?rF - ..�i�r,,,^•z,; Ct-•-'�:� " - t i � � i 1� � � � I f '• I � i � t I � I i i � , + From: Christooher Johnson To: Emily Weber Subject: Variance applications for Schuman and Oman. Date: Friday, July 31, 2020 9:54:44 AM Caution: This email originated outside our organization; please use caution. Hello Emily, I recently received letters from the city of Hugo regarding variance applications for Lori Schuman and Pamela Oman, both residing in 170th Street N. I can't be present online that day, but I was hoping you could enter a statement on my behalf for the record: Christopher & Torrie Johnson of 17289 Greystone Ave N, Hugo, are very supportive of granting Lori Schuman and Pamela Oman their requested variances. We sincerely hope you grant both our neighbors the variances they seek. Christopher & Torrie Johnson 17289 Greystone Ave N Hugo, MN 55038 Thank you!