PUBLIC HEARING: Consider a Variance Request Related to Accessory Structure Setback Regulations at 15851 St. Andrews Lane NW (Project 24-107); Case of Parent Custom Homes, LLC

The City has received an application from Parent Custom Homes (the "Applicant"), on behalf of Eric Nelson (the "Permittee"), for a Variance to the required front yard setback for accessory structures on the property located at 15851 St. Andrews 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 request for Home Occupation Permit consideration and the Public Hearing to be held by the Planning Commission. A notice of the Public Hearing was published in the Anoka County UnionHerald, the City's official newspaper. A proposed development sign was placed on the property.

Subject Property
The Subject Property is located on the east side of St. Andrews Lane in the Northfork neighborhood, located in the west side of Ramsey. The Subject Property is zoned PUD, Planned Unit Development, and is guided for Rural Developing land use in the City's 2040 Comprehensive Plan. It is 1.55 acres in size. Surrounding properties are similar in size and are also zoned PUD and guided for Rural Developing land uses.

Summary
The Applicant is proposing to construct a twenty-four-foot by thirty-foot (24' x 30') detached garage on the Subject Property. The detached garage is proposed to be built closer to St. Andrews Lane than the existing house, which creates the need for a Variance. The Zoning Code requires accessory structures on residentially-zoned property to be no closer to the street than the edge of the principal structure. It should be noted that the detached garage is proposed to be setback approximately 85 feet from the front property line, which is much farther than the 40-foot front-yard setback for principal structures in the Northfork PUD. This 85-foot setback would reduce the need to extend the existing paved driveway, as a T-shaped turnaround currently exists on the Subject Property, and the Applicant is proposing to modify that turnaround to serve as the entrance to the new garage. The Applicant is proposing to use building materials for the detached garage to match the house as close as possible. The garage meets the minimum 5-foot setback from the side property line, and it meets all other applicable zoning requirements.

Variance Criteria
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:

1. Foundation wall heights exceed eight feet (8') at the rear of the garage due to the contours of the lot.
2. Soil compaction engineering and testing due to the depth of the garage footings at the rear of the garage.
3. Potential need to oversize the footings as the rear of the garage due to unbalanced fill.
4. Additional expense to side the rear of the garage over the additional four feet (4') of exposed foundation.
5. Additional expense to remove and rebuild retaining walls.
6. Potential impact on primary and secondary septic locations to maintain a 4:1 slope at the rear of the garage.
7. The purpose of the detached garage is to store personal property, as the Northfork Homeowner's Association prohibits outdoor storage of materials.
8. Placing the garage in the backyard, as is common throughout Northfork and other residential developments in the City, would require significant grading and relocation of the septic and drainfield.

Additionally, the Applicant noted that several similar properties in the Northfork neighborhood have built accessory structures in the front yard, to a greater extent than what the Applicant is proposing. Staff researched the neighborhood and can concur with the Applicant's observation. Additionally, the Northfork Architectural Review Committee reviewed the request and expressed their support, though the request still needs approval by the Planning Commission (for the Variance) and City Staff (for the Building Permit) before the garage can be built.

With all of the above information, Staff finds 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
Alternative 1: Approve the variance to the front yard setback for the accessory structure. Based on the unique slope of the Subject Property, as well as the existing location of the house, septic system, and drainfield, the Variance seems reasonable. Staff supports this alternative.

Alternative 2: Deny the variance. Without an approved variance, and since there are no other suitable locations for the shed on the property without the homeowner incurring significantly higher costs, the Applicant would not be able to build the garage. The 85-foot front yard setback for the garage does not impact any easement. Staff does not support this alternative.

Alternative 3: Approve the variance with any reasonable conditions that mitigate and perceived impacts of the variance to the neighborhood.

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

Staff recommends the Planning Commission adopts Resolution #24-136, Granting a Variance to Accessory Structure Placement at 15851 St. Andrews Lane NW.

Motion to adopt Resolution #24-136, Granting a Variance to Accessory Structure Placement at 15851 St. Andrews Lane NW.