PUBLIC HEARING: Consider a Variance Request Related to Accessory Structure Setback Regulations (Project 25-106); Case of Dean Strande

The City has received an application from Dean Strande (the "Applicant") for a Variance to the required front yard setback for accessory structures on the property located at 6819 164th Lane NW (the "Subject Property").

Staff attempted to notify property owners within 350 feet of the Subject Property, as reflected in the Anoka County Property Records, of the Variance request and the Public Hearing to be held by Planning Commission. A notice of the Public Hearing was published in the Anoka County Union Herald, the City's official newspaper. A proposed development sign was placed on the property.

Subject Property
The Subject Property is located at the northwest corner of 164th Lane and Nowthen Boulevard. The Subject Property is zoned RR, Rural Residential, and is guided for Rural Developing land uses. It is 0.66 acres in size. Surrounding properties are similar in size and are also zoned RR and guided for Rural Developing land uses. Based on Anoka County property tax records, the house on the Subject Property was built in 1964, ten years prior to the incorporation of the City of Ramsey. Historic aerial imagery from as early as 1965 shows the house, which faces Nowthen Boulevard and the driveway is connected to 164th Lane NW. Although the house faces Nowthen Boulevard, the property is addressed along 164th Lane NW due to the driveway connection. This makes the south side of the house the "front" yard, and the east side of the house the "street side" yard. The right-of-way of 164th Lane NW appears to have been obtained via a road easement, as none of the properties along that street have been platted. Similarly, the right-of-way of Nowthen Boulevard adjacent to the Subject Property appears to have been obtained in a similar manner, which reduced the area of the side yard east of the house. The Applicant purchased the property in 2012 and has been making improvements to the property, as time and finances allow, to comply with code requirements, improve the property's image, and improve the image of the neighborhood. One such improvement was repairing the existing septic system in 2012 to maintain the house's habitability, as sanitary sewer is not available for the Subject Property.

Summary
The Applicant is proposing to construct a fifty-foot by thirty-foot (50' x 30') detached garage on the Subject Property. The detached garage is proposed to be built closer to 164th Lane NW than the existing house, which creates the need for a variance. The Zoning Code requires accessory structures on RR-zoned property less than 2.5 acres to be no closer to the street right-of-way than the edge of the principal structure. The Applicant is proposing a front yard setback of 10 feet. This would reduce the need to extend the existing gravel portion of the driveway. The proposed garage meets the minimum 5-foot setback from the side and rear property lines and it meets all other applicable zoning requirements.

When reviewing Variances, it is the Applicant's responsibility to prove practical difficulty in meeting all standards of the Zoning Code. Practical difficulties, as used in connection with the granting of a Variance, is defined in Section 106-220(c) of Ramsey City Code. The Applicant submitted a written description of the Variance request, providing the following justification of practical difficulty: the building cannot be placed on the west (back) side of the house because of the septic tank and drainfield.

The Applicant has provided an as-built survey, prepared by Kaleb Kadelbach of Apex Land Surveying, that shows the location of the house, driveway, existing shed on the north side of the house (to be removed), septic tank, drainfield, well, and the proposed detached garage. Based on the location and layout of the septic tank and drainfield, the proposed detached garage could not be placed fully behind the front (south) edge of the house and attached garage, thus proving the need for a Variance. Additionally, if the detached garage were to be shifted farther west, it would require the Applicant to increase the size and length of the driveway. The Applicant has a gravel loop adjacent to a paved driveway to allow for backing his boat into a dedicated parking spot. The boat would be stored inside the detached garage, along with other vehicles and personal items of the Applicant, and the existing driveway layout would allow the Applicant to continue the same traffic pattern for hauling his boat. The proposed location will maintain a minimum of 10 feet separation from the house and attached garage to limit any code requirements for fire separation. The proposed location also maintains a 21-foot setback from the edge of the septic tank, which exceeds the required minimum 10-foot setback.

To mitigate potential impacts to the neighborhood, Staff has worked with the Applicant to shift the detached garage farther back from the front property line than what was originally proposed. Additionally, the Applicant has agreed to use similar building materials (dark brown lap siding) on the detached garage to match the house; this is a code requirement for properties exceeding 2 acres in size that build detached accessory structures in front of the house.

With all of the above information, Staff find the practical difficulties listed to satisfy the following items within the definition of practical difficulties, as defined by City Code:

1. That the property owner proposes to use the property in a reasonable manner not permitted by the zoning code;
2. The plight of the landowner is due to circumstances unique to the property not created by the landowner;
3. The variance, if granted, will not alter the essential character of the locality.
4. Economic considerations alone do not constitute practical difficulties.

Alternatives

1. Approve the Variance to the front yard setback for the accessory structure. Based on the unique layout of the house, septic system, and drainfield on the Subject Property, the Variance seems reasonable. Staff supports this alternative.
2. Approve the Variance with any reasonable conditions that mitigate any perceived impacts of the Variance to the neighborhood.
3. Deny the Variance. Without an approved Variance, and since there are no other suitable locations for the accessory structure without the homeowner incurring significantly higher costs to relocate the existing septic system and drainfield, the Applicant would not be able to build the accessory structure. The 10-foot front yard setback for the accessory structure does not impact any easement. Staff does not support this alternative.

All costs associated with this request are the Applicant's responsibility.

Staff recommends approval of the Variance.

Motion to adopt Resolution #25-108, Granting a Variance to Accessory Structure Placement at 6819 164th Lane NW. 

Note: The Planning Commission has approval authority on variances, though a decision may be appealed to the City Council at the next meeting.