Consider a Request for a Variance from the Ordinary High Water (OHW) Line Setback at the Property Located at 14301 Neon St NW (Project #16-88); Case of Greg Binfet

The City has received an application for a Variance to the Shoreland Overlay District regulations, which require structures to maintain a fifty (50) foot setback from the Ordinary High Water (OHW) line. The applicant is proposing to construct a twenty-four foot by thirty foot (24' x 30') or 720 square foot, detached accessory building on the property located at 14301 Neon St. NW (the "Subject Property"). The proposed location, as noted previously, would be within the OHW setback as well as within the Shore Impact Zone. 

The Subject Property is located in the southeastern quadrant of Ramsey. It is zoned R-1 Residential (MUSA) and is within the Shoreland Overlay District. Neon Street NW, a private street, services a total of five residences ranging from 0.5 to 1.5 acres in size, all of which are also zoned R-1 Residential (MUSA).

See Image 1. The Subject Property is just over an acre in size (45,572 square feet). Two (2) of the six (6) property lines abut Ramsey Terrace Pond (east and south), two (2) more abut Neon Street NW (west), and the remaining two abut residential properties (north and southwest).  The topography of the parcel ranges from an elevation of 859 at the shoreline to 870 at the home. The unimproved area south of the residence is densely wooded and decreases in slope from Neon St. NW to the shore.

Environmental Protection Districts
The Department of Natural Resources and the City have designated certain areas within the city to be critical to the ecological health of the community, region, and beyond. To ensure that these areas are protected, the City has incorporated three (3) Environmental Protection Districts into the Zoning Code and the Zoning Map. The Shoreland Overlay District, of which the Subject Property is a part, is one such area.

Ramsey Terrace Pond
See Image 2. Ramsey Terrace Pond, DNR I.D. #2-114, is one of four General Development Lakes within Ramsey. According to the DNR Shoreland Management Classification System, General Development Lakes usually have more than 225 acres of water per mile of shoreline and 25 dwellings per mile of shoreline, and are more than fifteen (15) feet deep.

Shoreland Standards
Minnesota DNR statewide minimum shoreland standards apply to all lakes greater than 25 acres (10 acres in municipalities) and rivers with a drainage area two square miles or greater. The Shoreland Management Act regulates all land within 1,000 feet of a lake and 300 feet of a river and its designated floodplain. Upon notification by DNR Waters, local governmental units having shorelands are required to adopt these or stricter standards into their zoning ordinances. The City has adopted the statewide minimum shoreland standards (see Image 3) in the form of a Shoreland Overlay Zoning District.

The DNR identifies the area within 25 feet of the OHW, or Shore Impact Zone, to be the area immediately adjacent to lake or river that is critical to preserving water quality, wildlife habitat and visual screening of the developed area farther back from the shore. Within it, restrictions apply to the placement and size of structures, vegetation removal and shoreland alterations (grading and filling). The City, however, does not specify a setback requirement for the Shore Impact Zone.


 

Variance Proposal
The Applicant is proposing to construct a 720 square foot accessory structure within the fifty (50) foot Ordinary High Water (OHW) setback. In the location proposed, the southwest corner of the structure is 26.3 feet from the OHW and the southeast corner is 16 feet from the OHW line.  The OHW line is located at an elevation of 858.1. The location of the proposed structure is at a high elevation of 861.1 feet and the lowest elevation is 858.9 feet.  The water's edge was recorded at an elevation of 857 feet on April 13, 2016 per the Applicant's survey.

The Applicant has stated that the proposed location provides an opportunity to preserve several of the properties 100+ year-old oak trees- two of which are approximately 8 feet from the proposed structure- and that siting the structure further from the OHW setback would require the removal of several of these trees. Another limitation of the property, as noted by the property owner, concerns topography. Siting the structure within the lawn area near the home (outside of all setbacks and easements) would require “excessive fill” or would result in an “unmanageable driveway.”

Zoning Requirements
The Applicant gave mention to an additional driveway that would provide access to the accessory structure from the west; however, the Site Plan does not include a proposed driveway. The R-1 Residential (MUSA) district does not allow for more than one driveway (unless it is a corner lot, which the Subject Property is not), and the Shoreland Overlay regulations prohibit driveways within the Shore Impact Zone when other reasonable/feasible placement alternatives exist. If no alternatives exist, a driveway may be placed within the shore impact zone but must be designed to minimize adverse impacts. (Sec.117-225 (g)(3)(b)). All other Zoning requirements appear to be met.

During the Development Review meeting held on 05/10/2016, concerns were raised in regard to potential drainage issues and the likelihood of occurring during wetter than normal years.  This was raised as a concern because there have been past examples in which the City had to rework and/or redesign grading to eliminate water issued in a basement and/or a septic system. 

It appears that siting an accessory building almost anywhere on the Subject Property would likely require a variance.  Staff would be more supportive of the a variance to locating the accessory building nearer the front property line than to the OHW.




 

All costs associated with this request are the responsibility of the Applicant.

Motion to recommend approval/denial of the requested variance.