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HomeMy WebLinkAboutBZ Packet 01.27.22If you need accommodations for the meeting please contact Rachel Juba at (651) 762-6304 or rjuba@ci.hugo.mn.us, thank you. Agenda Hugo Board of Zoning Adjustments and Appeals Thursday, January 27, 2022 Hugo City Hall 6:30 PM A. ROLL CALL: Arcand, Petty, Weidt B. OATH OF OFFICE: Cindy Petty C. APPROVAL OF MINUTES 1. August 26, 2021 D. PUBLIC HEARING 1. Amanda and Joel Kruse – Variance to allow construction of a house to be located within the required shoreland setback of Sunset Lake and the front yard building setback. E. NEW BUSINESS F. OLD BUSINESS G. ADJOURNMENT Minutes for the Board of Zoning Adjustments and Appeals Meeting of Thursday, August 26, 2021. Meeting held remotely pursuant Minn. Stat. Sec. 13D.021 Chair Weidt called the meeting to order at 6:27 pm. PRESENT: Arcand, Petty, Weidt. ABSENT: None. STAFF: Rachel Juba, Community Development Director Emily Weber, Community Development Assistant Oath of Office Cindy Petty completed the Oath of Office. Approval of Minutes for the BOZA Meeting of August 13, 2020 Board Member Arcand made a motion, seconded by Weidt to approve minutes for the meeting of May 13, 2020. Ayes: Arcand, Petty, Weidt. Nay: None. Motion carried. Public Hearing: Luke Hanscom, 12096 Everton Avenue North – Variance request to allow a front yard building setback of 25 feet, where 30 feet is required by ordinance. Staff provided a background on the variance request. The applicant is proposing a 25 foot front yard building setback where 30 feet is required by ordinance. The existing garage currently sits at 23.4 feet from the front yard lot line. The property falls within the Shoreland Overlay District, which requires a building setback of 100 feet from the OHW level of Bald Eagle Lake. The applicant confirmed that the proposed garage addition is located 107.3 feet from the OHW level, which is at 910.64 feet of elevation, therefore meeting the shoreland ordinance requirements. Staff found that the applicant’s request to add on the existing attached garage is reasonable and that the property is under unique circumstances. It is in staff’s opinion that there are practical difficulties in meeting the ordinance and the variance request is keeping with the spirit and intent of the City Code. Staff recommended that the Board open the public hearing and take all public comment. Staff recommended that the Board approve the variance request to allow a front yard building setback of 25 feet, where 30 feet is required by ordinance, at property located at 12096 Everton Avenue North. August 26, 2021 BOZA Minutes Page 2 Chair Weidt opened the public hearing at 6:32pm. No one came forward. Chair Weidt closed the public hearing at 6:32pm Motion by Arcand, seconded by Petty to approve the variance request submitted by Luke Hanscom, located at 12096 Everton Avenue North, to allow a front yard building setback of 25 feet, where 30 feet is required by ordinance. Ayes: Arcand, Petty, Weidt. Nay: None. Motion carried. Adjournment Commissioner Arcand, Commissioner Mulvihill seconded, to adjourn at 6:34 pm. Ayes: Arcand, Petty, 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: Rachel Juba, Community Development Director SUBJECT: Amanda and Joel Kruse - Variance to allow construction of a house to be located within the required shoreland setback of Sunset Lake and the front yard setback of the Rural Residential zoning district. The property is generally located on the east side of Sunset Lake along Ingersoll Avenue North. DATE: January 19, 2022, for the Board of Zoning meeting on January 27, 2022 ZONING: Rural Residential (RR) REVIEW DEADLINE (120-days): April 5, 2022 1.DESCRIPTION OF REQUEST: The property is vacant and is approximately .21 acres in size. It is located on the east side of Sunset Lake along Ingersoll Avenue North. The applicant has shown a building area on the survey. The applicants are requesting the two following variances: 1. A building setback to be 21.2 feet from the Ordinary High Water (OHW) mark of Sunset Lake, where 100 feet is required by ordinance. 2. A building front yard setback to be 19.3 feet from the east side property line, where 40 feet is required by ordinance. Hugo City Code, Section 90-137, classifies Sunset Lake as a Recreational Development lake and requires a 100 foot setback for structures. 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 Kruse Variance Page 2 2 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 property is guided as Large Lot Residential (LL) in the 2040 Land Use Plan and is zoned Rural Residential (RR). The property is vacant. The surrounding properties are also guided LL and zoned RR. The properties are a combination of large lots and small lots closer to Sunset Lake. B. Natural Characteristics of the Site The property is along Sunset Lake. There are wetlands present on the property along the lake. The City’s wetland specialist has looked and the site and no wetlands are proposed to be impacted with the application requests. The property slopes down towards the lake. C. Variance Standards Shoreland and Front Yard Setback Variances The applicants are requesting the two following variances: 3. A building setback to be 21.2 feet from the Ordinary High Water (OHW) mark of Sunset Lake, where 100 feet is required by ordinance. 4. A building front yard setback to be 19.3 feet from the east side property line, where 40 feet is required by ordinance. Staff used these standards to review the variance request and finds that it meets the standards as follows: (1) Law. The variance as requested is permissible by law. The variance request 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; The property is a vacant parcel and a lot of record. The property owner would like to be able to build a home on the property. Single family homes are allowed in the Rural Residential (RR) zoning district. Kruse Variance Page 3 3 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 because it narrow and sits tightly between Sunset Lake and Ingersoll Avenue North. The strict enforcement of the ordinance would cause undue hardship because the property owner would not have a reasonably sized building area for a new home without the granting of variances. c. Character of Neighborhood. The variance, if granted, will not alter the essential character of the neighborhood. Several homes in the area do not meet the shoreland setback requirements. The building is proposed to in line with the other homes in the area. The proposed variance requests would not change the overall character of the area. It’s in staff opinion that there are practical difficulties in meeting the shoreland setback requirements. If the applicant were to meet the shoreland setbacks, there would not be a building area for a home. The proposed building area related to the proposed setbacks will fit in with the other homes on the neighborhood. (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. Several homes in the area do not meet the shoreland setback requirements. The variance requests would not change the overall character of the area, 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 construction of a house is allowed in the RR 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. A portion of the property is located within a FEMA designated floodplain. The proposed house will not be located in this area. The lowest floor of the house is required to be 3 feet above the floodplain elevation. The proposed lowest floor elevation of the house meets this standard. At the time of building permit, the building department will review the proposed lowest floor elevation of the house. The lowest floor shall meet all ground water and floodplain separation regulations. Kruse Variance Page 4 4 (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 applicant is proposing to install a new septic system with the construction of the new house. The septic system will be installed on a property east of the property. The applicant has acquired easements for the septic system. Washington County has approved the design and location. 5. CONCLUSION: It is in staff’s opinion that the applicant meets all requirements necessary to approve the shoreland and front yard setback variance requests. 6. RECOMMENDATION: Staff recommends approval of the variances to allow the following: 1. A building setback to be 21.2 feet from the Ordinary High Water (OHW) mark of Sunset Lake, where 100 feet is required by ordinance. 2. A building front yard setback to be 19.3 feet from the east side property line, where 40 feet is required by ordinance. ATTACHMENTS: 1. Location Map 2. Resolution for Approval of Shoreland and Front Yard Setback Variance Requests 3. Property Survey 4. Proposed House Elevations Ingersoll Avenue NorthKruse Variances Location Map Hugo, MN Site Roads Hugo Border Parcel Boundary ¯0 100Feet1 in = 100 feet Document Path: S:\Mapping\Emily\LocationSite Maps\2022\Kruse Variance.mxdSite RESOLUTION 2022-____ APPROVING A VARIANCE TO ALLOW CONSTRUCTION OF A HOUSE WITHIN THE SHORELAND AND FRONT YARD SETBACK REQUIREMENT OF SUNSET LAKE FOR THE PROPERTY GENERALLY LOCATED NORTH OF 122ND STREET AND WEST OF INGERSOLL AVENUE WHEREAS, Amanda and Joel Kruse have requested variances to construct a house 21.2 feet from the ordinary high water (OHW) mark of Sunset Lake, where 100 feet is required by ordinance, and to be 19.3 feet from the front property line, where 40 feet is required by ordinance, legally described as: (See attached) WHEREAS, the Board of Zoning Adjustments and Appeals has reviewed the variance requests at a duly called public hearing and recommended approval, and; 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 requests to construct a house 21.2 feet from the ordinary high water (OHW) mark of Sunset Lake, where 100 feet is required by ordinance, and to be 19.3 feet from the front property line, where 40 feet is required by ordinance, with the following findings: 1. The requested variance is from the setback requirement of the ordinance and is permissible by law. 2. Because of circumstances unique to the property, there are practical difficulties on meeting the ordinance. 3. The applicant is proposing to use the property in a reasonable manner and construction of a single family homes house is allowed in the Rural Residential District. 4. The proposed variance would not noticeably alter the character of the area. 5. The granting of the variance would be in keeping with the spirit and intent of the ordinance. 6. Single family homes are a permitted use in the Rural Residential District. 7. The variance will not alter that floodplain. 8. The subject property will be served by individual well and septic systems. 9. The proposed building shall meet all zoning and shoreland requirements in the City Code. Resolution 2022-____ Page 2 ADOPTED by the City Council this 7th day of February, 2022 _______________________________ Tom Weidt, Mayor ATTEST: __________________________________ Michele Lindau, City Clerk