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HomeMy WebLinkAboutItem Work SessionCity of Lakeville Planning Department M e morandum To: Planning Commission From: Brent Jones, Planning Assistant/Code Enforcement Technician Date: June 22, 2018 Subject: Packet Material for the June 28, 2018 Planning Commission Work Session Agenda Item: Rob Thiry Variance Discussion BACKGROUND Rob Thiry, 12165 175th Street, has submitted an incomplete application for a variance to allow an accessory structure that is approximately 10 feet from the shoreline on Orchard Lake. City staff recommended the applicant attend a Planning Commission work session to get feedback before moving forward with a variance application. In June 2017, City staff received a complaint regarding an accessory structure that was recently constructed near the shoreline of Orchard Lake. A first notice of violation was sent to Mr. Thiry that required him to remove the structure. After receiving the letter, he came to City Hall to discuss the situation with staff. He decided to add wheels and a hitch to the structure in an attempt to have it be considered an ice fishing house. City staff decided not to continue code enforcement to have the structure removed at that time so that the verbiage regarding ice fishing houses could be clarified during the annual Zoning Ordinance update. The City Attorney informed staff that their interpretation of the Zoning Ordinance at that time indicated it to be an illegal, nonconforming accessory structure. Mr. Thiry was notified of the proposed Zoning Ordinance amendment but did not send comments or attend the public hearing, and the amendment was approved by the City Council on May 7, 2018. He was sent a second notice of violation on May 24, 2018. He came to City Hall again to discuss the situation, and City staff informed him that he had three options: remove the structure to come into compliance, do nothing and a citation would be issued and a court date would be scheduled, or apply for a variance. 2 EXHIBITS A. Survey B. Aerial Photos (2 pages) C. Photos from 175th Street (2 pages) D. Photos of the Accessory Structure PLANNING ANALYSIS There have been no building permits issued for the property since 1983. The new accessory structure is 120 square feet and was constructed in 2017. Detached accessory structures are required to be set back at least 75 feet from the ordinary high water level on Orchard Lake and this structure has a setback of approximately 10 feet. Mr. Thiry is seeking a variance to leave the new accessory structure in its current location due to the unique circumstances of his property and because he replaced an old shed that was there. City staff has no information to support the latter claim. There is also another detached accessory structure with a gambrel roof located west of the new structure. It is difficult to determine how long this structure has been in place because the older aerial imagery is not clear and there are numerous trees on the property, but it has been there since 2005 at the latest. A maximum of one detached accessory structure is allowed on a property unless a conditional use permit is approved. There is also a small storage bin with siding that matches the new accessory structure that appears to have been moved to a new location on the property when the new structure was built last year. It is located southwest of the new accessory structure and is visible in the photo from May 21, 2018 in Exhibit C. Section 11-6-5 (All Variances) Section 11-6-5 of the Zoning Ordinance sets forth seven criteria that must be considered to determine whether practical difficulties are evident that may warrant the approval of a variance. Practical difficulties mean that the property owner proposes to use the property in a reasonable matter not permitted by the Zoning Ordinance. In addition, the following criteria must be met: A. That the variance would be consistent with the comprehensive plan B. The variance would be in harmony with the general purposes and intent of the Zoning Ordinance. C. That the plight of the landowner is due to circumstances unique to the property not created by the applicant. D. That the purpose of the variance is not exclusively economic considerations. 3 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 by the Zoning Ordinance for property in the zone where the affected person’s land is located. Section 11-102-23 (Variances in the Shoreland Overlay District) 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. B. Result in incompatible land uses or which would be detrimental to the protection of surface and ground water supplies. 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. 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. 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. F. The criteria established by section 11-6-5 of this title are met. Staff feels that variance criteria B, C, and E of Section 11-6-5 would not be met. The plight of the landowner is due to the applicant constructing the accessory structure without a zoning permit, whereby Planning Department staff would have worked with the applicant to eliminate or reduce the variance request. Mr. Thiry and Planning Department staff look forward to your input and direction on this variance request. Aerial Photo – April 7, 2017 Aerial Photo – April 29, 2018 October 2015 May 21, 2018 September 14, 2017