PUBLIC HEARING: Consider Resolution #20-060 Approving a Variance for 5805 148th Ln NW (Project 20-106); Case of Mike and Sarah St Clair

The purpose of this case is to consider a request from Mike and Sarah St. Clair (the "Applicants") for a detached building to be built within the front yard setback of the property at 5805 148th Ln NW (the "Subject Property"). The Subject Property is approximately 3.04 acres. The proposed building is a 30 x 48 foot pole barn to store items that are currently stored outdoors. The Subject Property is in the R-1 Residential (MUSA) Zoning District and guided as Low Density Residential in the Comprehensive Plan. The Subject Property abuts other residential properties. The site abuts Ramsey Elementary School to the north. The Subject Property is accessed off Nowthen Boulevard from 148th Lane NW (one of the last gravel roads in the City) and has a gravel driveway. There is a permanent 33 foot road easement on the south edge of the Subject Property running east/west, likely for future extension. The adjacent property to the south also has a 33 foot road easement on the north end of their property. There are no longer plans to extend. This is an example of updated policies and regulations. The City would not allow this scenario today. The City should have required a full cul-de-sac at that time. 

The City attempted to send a mailing via Standard US Mail to property owners within 350 feet of the Subject Property, as noted in the Anoka County Property Records, notifying them of the public hearing. The notice was also published in the Anoka County UnionHerald.

Summary
The Applicant has requested a variance to build a 30 x 48 foot detached structure (pole barn) 43 feet off the southern lot line of the Subject Property, or 10 feet off the permanent road easement. The City would typically apply the required front yard setback from the edge of the road easement, which on the Subject Property, would be 30 feet from the edge of the road easement. This is standard in case a road is built in the future, in which the yard becomes a "front" yard. The variance is to deviate from the required front yard setback.  If approved, it would essentially treat this as a side yard setback of 10 feet from the road easement. The building would comply with the minimum side yard setback of 10 feet (albeit from a road easement).  Staff spoke to the City Attorney and because the situation is unique, the City Attorney felt a variance is the most transparent process to approve a building in this area.

The Subject Property does have one detached garage onsite currently, which is approximately 432 square feet (~24 x 18 feet). The proposed building is 1,440 square feet (30 x 48 feet). The property is allowed 2,700 square feet of detached structures, and will have less than 2,000 if the proposed building is built. See the attached Detached Garage Requirements for more information.

Staff would like to note that the interpretation of Front Yard and Side Yard are very important to this case. The Variance is to the Front Yard Setback, which is being applied along the southern lot line due to the existing, recorded Road Easement. The City Attorney has interpreted the southern lot line as the front lot line for this case. It does appear that the southern lot line was incorrectly interpreted as a side lot line in the past, due to the permitting of the existing small garage south of the home. The interpretation of the southern lot line as the front lot line is consistent with City policy and code at this time, so a Variance is still needed for the garage as proposed.

Road Easement
Please see the attached survey for a visual on this road easement. The permanent road easement is not buildable area nor is it currently maintained by the City.  The City maintains (re-gravels, plows, etc.) that portion of 148th Lane up to the eastern lot line of the Subject Property. The permanent road easement spans two properties, the Subject Property and the property directly to the south. The purpose of this road easement, which has been in place for at least 30+ years, appears to be to provide a full sized turn around (cul-de-sac) for vehicles west of this property. Staff has spoken to Police, Fire, and Public Works, and while there is no current plan to extend the road throughout the easement, they would like a full sized turn around in this area. This could be west or east of the Subject Property. Public safety had no objections to this variance since the building is outside of the easement.

Home Occupation
For full transparency, Staff notes that a home-based business (landscaping company) exists on the Subject Property. This business came to Staff's attention through an ordinance complaint. Staff did work with the Owners to comply with applicable regulations. By approving this current request for a detached garage, the Owners must still comply with previous direction and applicable regulations. If the Owners use items classified for personal use for business use, the Subject Property would be out of compliance unless a new Home Occupation Permit were approved by the City. 

A Home Occupation Permit was issued for the property and the property is in compliance. The Property Owners have been cooperative and worked with the City for the past year and have applied for necessary permits to ensure they are in compliance. The Property Owners reached out in advance of creating current plans to ensure they'd be in compliance with City Code, which is when the need for a Variance arose.

The Property Owner is aware that if they plan to expand their business beyond what the Administrative Home Occupation Permit they have in place allows, they need approval prior to expansion. Staff has spoken with the Property Owner about this and the Property Owner is understanding and are working to remain in compliance with City Code.

Variance Considerations
When considering granting a variance, statute states that the Planning Commission should consider the following three questions, which is the three-pronged test to decide if there is a practical difficulty onsite:

• Is the request reasonable? Accessory buildings are an allowed use in the residential district, and are common throughout the City of Ramsey. This building is an allowable size under current City ordinances.
• Is the situation unique? Staff does feel that the situation is unique. The variance is needed because of the permanent road easement along the south side of the property, which would function as a front yard if the road was extended. The front yard setback of 30 feet technically should be applied on the east and south lot lines.
• Would the request alter the essential character of the neighborhood? Staff does not feel that the request would alter the character of the neighborhood. Pole barns and detached structures are a common feature throughout Ramsey, and in this neighborhood. The Subject Property already has a detached structure the same distance from the southern lot line as the proposed building, so it would not be any closer to the road easement than an existing building. Additionally, the property owner is at the end of a road (functioning somewhat as a cul-de-sac), so the building will likely only be seen from one property owner. Staff will provide information if the property owner directly south of the property provides feedback on the request.

Based on the three factor test above, Staff does feel that the request meets the requirements to pass a variance. Please see the attached Variance Guide for Cities from the League of Minnesota Cities.

City Code Sections

• 117-349 (Accessory Uses and Buildings)
• 117- 111 (R-1 Residential District).

Alternatives
Alternative 1: Deny the variance request. Staff does feel the variance request is reasonable, unique, and meets the criteria for a variance.
Alternative 2: Approve the variance request.

The Applicant is responsible for all costs associated with this project and review.

Staff recommends Planning Commission adopt Resolution #20-060 approving a Variance for a detached garage at 5805 148th Ln NW.

Motion to adopt Resolution #20-060 granting a variance to setbacks for a detached garage at 5805 148th Lane NW.