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HomeMy WebLinkAbout5 - Variance - Shoreland To: Planning Commissioners From: Justin Fortney, City Planner Date: August 24, 2020 Item: Patrick Whelan - Variance #2020-39 – Water Oriented Accessory Structure Size - 613 1st St E Planning Commission Action Requested Review and make recommendation to the City Council on the following action requested by Patrick Whelan on the subject property: 1) A 166 square foot variance to the maximum allowable size of a water oriented accessory structure to allow the construction of a 416 Sq Ft building for storage of a boat. Chapter 153.05, Subd. (B)(2)(b)1- allows water oriented accessory structures up to 250 Sq Ft. Background Information The Shoreland Management Ordinance requires great setbacks for structures from the ordinary high-water level (150’ or existing setbacks of adjacent parcels (with some limitations)). There is an exception to this great setback for water oriented accessory structures, which by their nature must be close to the water including boathouses, gazebos, screen houses, fish houses, etc. That applicant’s interest in construction of the boathouse is to protect the boat from the elements and theft of equipment. The boat is roughly 21’ long by 8’ wide. Within the structure he intends to include clearance for the boat, its equipment, room to walk around it, and a stairway up to the boat There is an existing rail and trolley system that secures the boat and brings in and out of the water over an existing concrete pad. This structure would be secured over an extended concrete pad. Zoning The property is zoned R-2 medium density residence. The district allows a total of 1,000 Sq Ft of accessory structures, although there is only a small garden shed on the property. Barriers to developing a garage on the property include the Shoreland Management Ordinance setbacks, little room available in the buildable area, and topography. Water oriented accessory structures are allowed in the shoreland management district with a minimum setback of 5’ from the property Planning Commission Memorandum lines and 10’ from the ordinary high-water level and allowed up to 250 Sq Ft in size with a maximum height of 10’. The applicant’s fishing boat is 21’ long by 8’wide and could fit in a 250 Sq ft structure, but the applicant states that is not adequate for the trolley system and assessible stairway needed to gain access inside the boat. The applicant is proposing a 26’ by 16’ boathouse, which is 416 Sq Ft. Adjacent Zoning and Land Use The following land uses abut the property: Direction Use Comp Plan District Zoning District North Mississippi River East Single Family Home Low Density Residential R-2 - Single Family South Single Family Home Low Density Residential R-2 - Single Family West Single Family Home Low Density Residential R-2 - Single Family Public Notification Notification of the meeting was sent to the DNR and all property owners within 350 feet of the proposed property. We have received the following comments: From: Renee Heselton Sent: Tuesday, August 18, 2020 11:23 AM Subject: Variance Patrick Whelan I am writing in support of Mr. Whelan's request for a variance to construct a 416 sq ft boat house. I urge the city council to approve this variance. Renee Heselton 629 2nd street East, Hastings 651 775-0456 Staff received a phone call from Cynthia Mollick of 623 1st St E opposed to the proposal. She cited the following reasons the proposal should not be permitted: 1. The structure would be in the floodplain Staff explained that structures may not be within the floodway, but if under 500 SqFt may be located in the flood plain if flood proofed This would be reviewed administratively by the Building Safety Department. 2. State statute 103G.245 bars boathouses from use. Staff explained that the Statute only applies to new boathouses in public waterways and not to boathouses out of the ordinary high-water level. (confirmed by the DNR) 3. The Ordinance states the structure must not be visible. Staff explained that it would be impossible to make a structure invisible. Staff added that the Shoreland Management Ordinance directs the following: “The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf-on conditions. Additionally, the applicant is proposing to match the siding materials and color of the house with the boathouse, along with planning trees and shrubs around it. Staff received a phone call from Katherine Latch, owner of 607 1st Street East. She said, “there are no boat houses in the area and although she doesn’t live at the property, she does not want the view blocked by a boathouse”. Matt Francis at 817 1st Street E called and said “my wife and support the boathouse variance 100% and if anyone has any questions they may give me a call” 612-701-9109. Floodplain The property does contain a slight amount of floodway on the norther tip of the parcel. No structures are allowed within that flood designation. Most of the property is covered by the Flood Fringe designation. Structures within that designation are allowed by a specified elevation of fill or structures of minimal investment may be flood proofed if they do not exceed 500 Sq Ft and are used only for vehicle and limited storage. Flood proofing requirements would be reviewed and inspected by the Building Safety Department. VARIANCE REVIEW Variance Definition Variances are deviations from strict compliance of City Code provisions. The Board of Adjustment and Appeals may recommend issuance of a Variance upon determination of findings of fact and conclusions supporting the variance as established in Chapter 30.02, Subd. F of the City Code. Board of Zoning Adjustment and Appeals Hastings City Code Chapter 30.02 establishes the Board of Zoning Adjustment and Appeals and appoints the City Council and Planning Commission to facilitate the Board’s roles and duties. Applications for Variances require Board of Zoning Adjustment and Appeals review. Requested Variance – Size variance to a water oriented accessory structure maximum size City Code Chapter 153.05, Subd. (B)(2)(b) allows structures as follows: WATER-ORIENTED ACCESSORY STRUCTURE OR FACILITY. A small, above ground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of the structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and detached decks. (b) Water-oriented accessory structures. Each lot may have 1 water oriented accessory structure not meeting the normal structure setback of this chapter if this water-oriented accessory structure complies with the following provisions: 1. The structure or facility must not exceed ten feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet. Detached decks must not exceed 8 feet above grade at any point; 2. The setback of the structure or facility from the ordinary high water level must be at least 10 feet; 3. The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf-on conditions; 4. The roof may be used as a deck with safety rails, but must not be enclosed or used as a storage area; 5. The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities; and 6. As an alternative for general development and recreational development waterbodies [Lake Isabel], water-oriented accessory structures used solely for watercraft storage, and including storage of related boating and water-oriented sporting equipment, may occupy an area up to 400 square feet provided the maximum width of the structure is 20 feet as measured parallel to the configuration of the shoreline. Variance Review City Code Chapter 30.02(F) establishes the requirement for granting variances. The Planning Commission (acting in part as the Board of Adjustment and Appeals) may consider variances to the Zoning Code that are not contrary to the public interest where owing to special conditions, and where a literal enforcement of the provision of the City Code would result in practical difficulties. Variances may be granted providing the following has been satisfied (staff review appears in bold italics): (1) Because of the particular physical surroundings, shape or topographic conditions of the land involved, a practical difficulty to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out; The only allowable portion of the parcel to construct a garage for storage of a vehicle/ boat is on the sides of the home due to Shoreland Management setbacks. The west side setback of the home does not allow for enough room for a garage and both sides of the home contain steep grades dropping 6-feet or more from front to back. (2) The conditions upon which the petition for a variance is based are unique to the tract of land for which the variance is sought and one not applicable, generally, to other property with the same zoning classification; The conditions above are unique to the subject tract of land, in that it does not have a garage or the space to construct one due to the setbacks of the Shoreland Management Ordinance, narrow lot with an existing home nearly centered on it, and in addition to the steep topography adjacent to the home. (3) The purpose of the variance is not based exclusively upon a desire to increase the value or income potential of the parcel of land; The owner seeks to protect his personal property from the elements and possible theft by constructing a modest size storage building for his boat. (4) The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the vicinity in which the tract of land is located; Granting of the variance would allow for the construction of an allowed use with an additional 166 Square Feet in size. This increase in size should not be detrimental or injurious, as the height, setbacks, and use are all following applicable ordinance requirements. (5) The proposed variance will not impair an adequate supply of light and air to property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety or substantially diminish or impair property values within the vicinity; (Prior Code, §11.08) It does not appear that the variance will impair light, air, congestion, fire danger, public safety, or property values within the vicinity. (6) The variance is in harmony with the purposes and intent of ordinance; The purpose and intent of the ordinance is to allow water oriented structures near the water including boathouses. While the boat could fit within a 250 Sq Ft structure, additional area is needed for a stairway to access the boat and for boat trolley equipment. (7) The variance is consistent with the comprehensive plan; The property is guided for low density residential development. The proposed use appears consistent with the Comprehensive Plan, which mentions water oriented structures as appropriate uses. (8) The proposal puts the property to use in a reasonable manner; Placement of a boathouse near the water is a reasonable use along the Mississippi River. (9) There are practical difficulties in complying with the official control. “Practical difficulties”, as used in connection with the granting of the variance means that: (a) The property owner proposes to use the property in a reasonable manner not permitted by an official control; Construction of a boathouse is a reasonable use of the property. However complying with the official control of a 250 Sq Ft size limit would create a practical difficulty of not being able to enter the boat, with an accessible stairway. This situation was ultimately caused by barriers to constructing a garage near the house. (b) The practical difficulty is caused by the provisions of this chapter and has not been created by any persons presently or formerly having an interest in the parcel of land; The practical difficulty was created by the predeveloped nature of the parcel and its topography. 1. A practical difficulty is not present if the proposal could be reasonably accomplished under the current Ordinance requirements, The applicant cannot accomplish the proposal of a boathouse with adequate and accessible access under the current ordinance requirements. (c) The variance, if granted, will not alter the essential character of the locality. Allowance of the variance will only adjust the regulated size of an allowable use. The essential character of the locality will not be altered, as this area is heavily developed with uses related to boating and boat storage. (d) Economic considerations alone do not constitute practical difficulties. Not stated by applicant. (e) Practical difficulties include inadequate access to direct sunlight for solar energy systems. Not applicable. RECOMMENDATION Approval of the Variance is recommended subject to the above findings of fact in the Variance Review. Granting a variance with the identification of unique conditions and practical difficulties would not confer similar justification to other properties. Conditions 1. Conformance with the Planning Commission Staff Report and plans dated August 24, 2020. 2. Approval is subject to a one year Sunset Clause; if progress on the proposal is not made within one year of City Council approval, the approval is null and void. 3. All provisions of the Zoning, Shoreland Management and Floodplain ordinances must be addressed including but not limited to the following: a. Allowable height and setbacks b. Siding consistent with the home c. The structure and location must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color. d. Flood proofing designed and installed consistent with practices called for in the floodplain ordinance, Minnesota State Building code and as provided by the DNR East Metro Area Hydrologist. ATTACHMENTS • Location Map • Plans AERIAL MAP The blue line is the approximate floodway boundary Service door to be located on end opposite garage door Front Facing River with garage door Siding to match home