PUBLIC HEARING: Consider Request for a Variance to Setbacks from the Ordinary High Watermark of the Rum River for the Construction of a Detached Accessory Building at 5280 161st Ave NW (Project No. 22-103); Case of Mark Rice

The City has received an application from Mark Rice (the "Applicant") for a variance to construct a detached accessory building within the required Ordinary High Watermark (OHW) setback from the Rum River at 5280 161st Ave NW (the "Subject Property").  The proposed accessory building (the "Building") would be thirty-six feet (36') deep by thirty-six feet (36') wide. The Applicant has also submitted an application for an Easement Vacation and Minor Plat related to this request for review by the City Council on February 22, 2022.

Staff attempted to notify all Property Owners within 350 feet of the Subject Property, as listed in the Anoka County records, via Standard US Mail of the Public Hearing, and published a notice in the Anoka Union Herald as well.

Summary
The Subject Property is 4.89 acres in size and is located within the R-1 Residential (Rural Developing) zoning district. The surrounding properties to the west are also zoned R-1 Residential (Rural Developing) and range in size from about 2.5 acres to about 3.3 acres. The property to the south, which is part of the Boy Scout Camp, is zoned Public/Quasi-Public and is approximately 45 acres in size.  The Rum River is to the north and east of the Subject Property. 

The Subject Property is located within the Scenic River Protection Overlay District (the "Overlay District"), which has more stringent standards than the R-1 Residential (Rural Developing) zoning district. The intent of the Overlay District is to protect and preserve the natural, recreational, and scenic values of the river, including the views from the river. Within the Overlay District, buildings are to be setback from the OHW at least 150 feet. A Scenic Easement also exists on the Subject Property, which a portion of the Building would encroach into with authorization from the City Council.

The home on the Subject Property appears to meet the required setback from the OHW.  The Subject Property actually consists of two separate parcels, legally described as Lots 11 and 12, Block 6 Barthels Rum River 2nd Addition. The two lots have not been legally combined, thus, each lot presently is considered lawful, non-conforming related to lot size (minimum lot size for riparian lots is 4 acres). The proposed Minor Plat and Easement Vacation would create a legally conforming lot and vacate existing drainage and utility easements, with new drainage and utility easements dedicated with the Final Plat (see Plat attachment).

The proposed Building would be located slightly northwest of the existing garage, sharing a close proximity with the cul-de-sac. The northwest corner of the Building would be located approximately 120 feet from the OHW of the Rum River (purpose of this request) and roughly ten (10) feet from where the land starts to slope toward the river. The Applicant has noted that their septic system is southwest to the home, eliminating that area from consideration. Additionally, there is a ditch running alongside the northern section of the property separating the river from the home and the Building that would not be suitable either.

Based on the size of the Subject Property, the Applicant is eligible for up to 3,500 square feet of detached accessory buildings.  The proposed building is 1,296 square feet and there is only one other detached accessory building on the property, a small shed approximately 400 square feet in size. Aside from the proposed location, the Building complies with all other accessory building regulations.

Due to the angle of the Subject Property, which follows the river corridor, the slope of the bank (steeper in the north and more gradual to the northeast - approximately a twelve [12] foot change in grade), and the existing tree cover, the proposed location appears to best meet the intent of the Overlay District in terms of maintaining scenic views from the river. It does not appear that the Building could be positioned elsewhere on the Subject Property such that it met the required setbacks without significant tree removal and/or increasing its visibility from the river. Furthermore, the proposed location will require less paving (Applicant intends to extend existing driveway to new building) than if it were located elsewhere on the Subject Property with a separate, stand-alone driveway.  Therefore, this location helps limit the amount of additional impervious surfacing on the Subject Property and thus limits the amount of 'new' runoff that would be generated.

Variance Requirements
In order to grant a variance, the Planning Commission must consider the practical difficulties test and consider the following three-factor test:

• Reasonableness: Staff does feel that a detached garage is a reasonable use of the Subject Property, and is an allowed accessory use in the R-1 Residential (Rural Developing) District.
• Uniqueness: In order to grant a variance, the problem at hand cannot be caused by the landowner and generally the uniqueness relates to the physical characteristics of the property. The topography of the Subject Property leaves few viable options for the placement of the Building, the proposed location is least impactful to the one neighboring residential property, and limits the amount of additional impervious surfacing.
• Essential Character: The Planning Commission must consider if the Building, if built, would be out of scale or place in the neighborhood. Staff does not believe it would alter the character of the neighborhood at all, as detached accessory buildings are very common throughout the community.  Furthermore, there is only one adjacent residential parcel (and none across the street) and the proposed location creates the most separation from that home.

Alternatives
Alternative 1: Motion to adopt Resolution #22-043 granting a variance to setbacks from the OHW of the Rum River for the construction of a thirty-six foot (36') by thirty-six foot (36') detached accessory building. Staff supports this request.

Alternative 2: Motion to deny the requested variance. Approving this variance request would support the Minor Plat application which would create a legally conforming lot. If the Building is required to be constructed in an alternate location on the Subject Property, it would result in increased environmental impacts such as runoff and reduction of trees on-site. Staff does not support this alternative.

The Applicant is responsible for all costs incurred while processing this request.

City Staff recommend approval of the requested variance.

Motion to adopt Resolution #22-043 granting a variance to setbacks from the OHW of the Rum River for the construction of a detached accessory building on the Subject Property.