PUBLIC HEARING: Consider a Variance Request Related to Accessory Structure Setback Regulations at 16785 Iodine St. NW (Project 25-117); Case of Tim & Sue Johnson

The City has received an application from Tim and Sue Johnson (the "Applicant") for a Variance to the required front yard setback for accessory structures on the property located at 16785 Iodine Street NW (the "Subject Property").

Subject Property
The Subject Property is located within the Rum River Hills subdivision, northeast of the Rum River Hills Golf Club's main building. The Subject Property is 1.32 acres in size and is zoned PUD, Planned Unit Development, through Ordinance #84-19. This PUD ordinance does not include any specific standards that deviate from base zoning standards, so Staff considers this property to be similar to those within the RR, Rural Residential zoning district. It is believed that the Rum River Hills PUD was created to allow for lot sizes to deviate from the minimum area allowed in 1984. The Subject Property, along with all other properties located in the Rum River Hills PUD, is guided for Rural Developing land uses.

Summary
The Applicant is proposing to construct a 30-foot by 28-foot detached garage on the Subject Property. The detached garage is proposed to be built closer to Iodine Street NW than the existing house due to constraints with the well and steep slope south of the house, as well as the septic system's location north of the house. Since the Subject Property is less than 2 acres in area, this creates the need for a Variance. The Zoning Code requires accessory structures on properties less than 2 acres to be no closer to the street right-of-way than the front edge of the principal structure. The Applicant is proposing a front yard setback of 200 feet, which greatly exceeds the minimum front yard setback of 40 feet for principal structures. The shortest setback from the proposed garage to any property line is the south side yard setback of 19.5 feet, which exceeds the minimum 5-foot setback from the side and rear property lines. The garage 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 justifications of practical difficulty:

• The garage cannot be placed in the backyard due to site constraints, including the locations of the house, driveway, septic system, well, and small utilities.
• Adding onto the existing attached garage would negatively impact the existing slope and driveway, limiting access to the tuck-under garage and ultimately causing a larger impact on the property.

The Applicant has provided site and building plans that show the location of the existing house, driveway, well, and septic system, as well as the location and design of the proposed garage. Based on the lot's layout, the location of the septic system north of the house, and the location of the well south of the house, the proposed detached garage could not be placed behind the front (west) edge of the house and attached garage, thus proving the need for a Variance. Additionally, if the garage to be shifted farther east, it would impact the secondary driveway that serves the lower level (tuck-under area) of the attached garage. The Applicant has selected the proposed location to limit the extension of the existing driveway, limit the amount of dirt to be excavated and regraded, reduce the need to relocate existing small utilities, and reduce the visual impact to the neighborhood along Iodine Street. 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 garage will be located behind the two adjacent neighboring houses, and no trees will be removed. These conditions will allow the garage to fit well within the neighborhood. It should be noted that all other properties along Iodine Street have garages, whether attached or detached, that extend beyond the front edge of the house.

To make the garage fit with the character of the neighborhood, the Applicant is proposing to have the garage door face east (toward the house), allowing the opposite side facing west (toward Iodine Street) to have the appearance of a small house. The proposed garage will also use LP siding with LP shakes on the gable, even though the house's exterior is made of stucco. This is to reduce the chance of damage caused by golf balls from the adjacent golf course, and it will reduce maintenance costs associated with the freeze-thaw cycle's impacts on an unheated foundation. Staff administratively approves this change in exterior materials as the color of the garage will generally match the house, as is the standard for Rural Residential properties.

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 well 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 200-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 #25-195, Granting a Variance to Accessory Structure Placement at 16785 Iodine Street NW.

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