HomeMy WebLinkAboutWS Item 02City of Lakeville
Planning Department
M e morandum
To: Planning Commission
From: Frank Dempsey, AICP, Associate Planner
Date: March 10, 2017
Subject: Packet Material for the March 16, 2017 Planning Commission Work Session
Agenda Item: Raines Variance Discussion, 12245– 175th Street
Application Action Deadline: March 26, 2017 (can be extended 60 additional days)
BACKGROUND
Sandi Raines has applied for a variance to allow her to keep a deck pergola and support posts at
her single family home located at 12245 – 175th Street. Ms. Raines purchased the house and
property in October 2013. Ms. Raines received conditional use permit approval to expand the
home with the construction of a deck and retaining wall on the east side of the house in 2015.
The application for a variance submitted in 2015 was withdrawn by Ms. Raines after staff
provided advice on how the deck could be constructed without requiring the variance by
constructing a retaining wall next to the proposed new deck.
The plans approved with the conditional use permit did not include the pergola and support posts
and would have required a variance since any structure thirty inches above grade is subject to the
minimum building setback requirements. The variance is required only for that portion of the
pergola encroaching into the 50 foot setback to the Ordinary High Water Level of Orchard Lake.
The building permit issued for the deck construction included a note that no roof structure is
allowed with the construction. The applicant has refused to modify the deck by removing the
pergola and support posts and now requesting a variance from the setback requirements to the
Orchard Lake Ordinary High Water Level. The variance is required to allow the pergola and
posts on the northerly 10 feet of the deck to remain within the 50 foot minimum setback.
Approval of the conditional use permit in 2015included removal of other concrete impervious
surface areas on the property to reduce the overall impervious surface area closer to the
maximum allowed 25% allowed by ordinance. Two strips of paver bricks were also constructed
2
on the west side of the front yard directly onto 175th Street. Staff received a complaint from
someone in the neighborhood regarding the paver bricks and the parking of vehicles in that
location. Parking is only allowed on the driveway leading to the garage. Parking in the front
yard is not allowed. Furthermore, the brick strips are considered an increase in the non-
conforming impervious surface area. The Zoning Ordinance does not exempt pervious pavers
from impervious surface requirements. The applicant has refused previous orders to remove the
paver bricks and now requests a variance to allow them to remain.
EXHIBITS
A. Aerial Photo Map
B. Applicant Narrative (4 Pages)
C. Survey Sketch
D. Applicant Photos (7 Pages)
E. Statement from Mr. Goetze
F. East Building Elevation Plan Approved with CUP in 2015
ISSUES ANALYSIS
Every property on the south side of Orchard Lake on 175th Street has unique non-conforming
conditions that require careful management to ensure that Shoreland Zoning Ordinance
requirements are met. The Raines property has a number of non-conforming conditions that
result in very few development options, including expansion of the house or other new structures.
These non-conformities include the following:
• The lot area is 5,293 square feet (26.4 % of the required 20,000 square feet)
• The lot width is 50 feet (50% of the required 100 feet)
• The impervious surface area is at or more than 36.1% (25% is allowed)
• The building setback to the OHWL is 38 feet (50 feet is required with averaging); 1.82
feet to the west (10 feet is required) and 11.8 feet to the front (30 feet is required)
The house was constructed in 1957. A 546 square foot garage was constructed in 1984 after the
approval of a variance to the front yard setback. The house and garage addition were constructed
prior to the 75 foot OHWL setback requirement and the maximum impervious surface area
requirement of 25%. The total impervious surface area approved with the conditional use permit
in 2015 was 36.1%.
The survey submitted with the current variance application indicates certain non-conforming
conditions. A review of the property file also indicates the following work being completed
without building permit approval since the applicant purchased the property:
1. Replacement of siding on the house
2. Construction of the pergola and support posts
3. Installation of paver bricks for parking, which resulted in increased impervious area
3
In addition, conversion of the two car garage into a one car garage and living space without a
building permit occurred prior to the applicant purchasing the property.
VARIANCE
Ms. Raines has submitted a written narrative with her application that outlines what transpired on
the property after her conditional use permit approval in 2015. The narrative also attempts to
address the seven variance criteria required by Section 11-6-5 of the Zoning Ordinance as the
request pertains to the practical difficulty test.
A. That the variance would be consistent with the comprehensive plan.
B. That the variance would be in harmony with the general purposes and intent of this title.
C. That the plight of the landowner is due to circumstances unique to the property not created
by the landowner.
D. That the purpose of the variance is not exclusively economic considerations.
E. That the granting of the variance will not alter the essential character of the neighborhood
in which the parcel of land is located.
F. That the requested variance is the minimum action required to eliminate the practical
difficulty.
G. Variances may not be approved for any use that is not allowed under this title for property
in the zone where the affected person's land is located
Section 11-102-23 of the Shoreland Overlay District requires that a variance meet six additional
criteria. No variance shall be granted where it is determined that the variance will have a
tendency to:
A. Result in the placement of an artificial obstruction which will restrict the passage of storm
and flood water in such a manner as to increase the height of flooding, except
obstructions approved by the watershed districts in conjunction with sound floodplain
management.
The pergola and support posts in the 50 foot setback would not be located in the
floodplain and would not create an artificial obstruction restricting the passage of storm
and flood water or increase the height of flooding.
B. Result in incompatible land uses or which would be detrimental to the protection of
surface and ground water supplies.
The deck structure encroaches 12 feet into the 50 foot OHWL minimum setback. The
house to the west is approximately 50 feet from the OHWL. The house to the east
received approval of a variance in 2015 with a setback to the OHWL not less than 42
feet.
C. Be not in keeping with land use plans and planning objectives for the city or which will
increase or cause damage to life or property.
The deck structure area north of the 50 foot OHWL setback is not consistent with the
4
planning objectives outlined in the Comprehensive Plan for properties within
environmental protection areas.
Most of the homes along this side of 175th Street do not meet the OHWL setback of 75 feet
to the lake, due to the shallow depth of the lots on the south side of Orchard Lake, and
have used the setback averaging to the OHWL as allowed by the Zoning Ordinance.
D. Be inconsistent with the objectives of encouraging land uses compatible with the
preservation of the natural landforms, vegetation and the marshes and wetlands within the
city.
The proposed variance would intensify the amount of building area visible from the lake
which could be considered detrimental to the preservation of the natural landform of
Orchard Lake.
E. No permit or variance shall be issued unless the applicant has submitted a shoreland
impact plan as required and set forth in this chapter. In granting any variance, the council
may attach such conditions as they deem necessary to ensure compliance with the
purpose and intent of this chapter.
No grading is proposed that would require additional erosion control measures.
F. The criteria established by section 11-6-5 (variances) of this title are met.
Section 11-6-5 of the Zoning Ordinance states that the Board of Adjustment (City
Council) shall not approve any variance request (major or minor) unless the Board of
Adjustment finds failure to grant the variance will result in practical difficulties.
“Practical difficulties” means that the property owner proposes to use the property in a
reasonable manner not permitted by the Zoning Ordinance. Aesthetic conditions or
economic value or investment alone does not constitute practical difficulties.
Staff’s review of the Raines variance request concludes that the applicant has reasonable use of
the deck without the pergola and pergola support structures. If the pergola and support structure
is approved as proposed, solid walls and/or roof could be added in the future.
Staff has informed the applicant that a retractable awning would be a suitable option to provide
shade to that side of the house since the awning is not considered a structure and does not require
a building permit. Staff is also of the opinion that the retractable awning or a deck umbrella does
not increase the impervious surface area of the lot. Finally, one of the brick strips could remain
as a walkway between the west side of the property and the street if the total impervious surface
of the lot does not exceed the 36.1% allowed by the conditional use permit approved in 2015.
RECOMMENDATION
Planning Department staff concludes that a variance would not be justified due to the variance
criteria listed in Sections 11-6-5 and 11-102-23 of the Zoning Ordinance. The Planning
Commission’s input on Ms. Raines’ variance request would be appreciated.
RAINES 12245 - 175TH STREET
Property InformationDakota County
February 9, 2017
0 110 22055 ft
0 30 6015 m
1:1,200
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification.
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E