PUBLIC HEARING: Consider a Variance Request Related to Accessory Structure Setback Regulations (Project 26-102); Case of Cory DeLuca

The City has received an application from Cory DeLuca (the "Applicant") for a Variance to the required front yard setback for accessory structures at 9050 160th Lane NW (the "Subject Property").

Subject Property
The Subject Property is located within the Northfork Point subdivision, which is part of the overall Northfork neighborhood. The Subject Property is 1.06 acres in size and is zoned PUD, Planned Unit Development. This PUD 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 Northfork PUD was created to allow for lot sizes to deviate from the minimum area allowed at the time of platting. The Subject Property, along with all other properties located in the Northfork PUD, is guided for Rural Developing land uses.

Summary
The Applicant is proposing to construct a 30-foot by 24-foot detached garage on the Subject Property. The detached garage is proposed to be built closer to 160th Lane NW than the existing house due to constraints with the well located west of the attached garage, the septic system located east of the attached garage, and the steep slopes along the east and south sides of the property to accommodate storm water flow from 160th Lane NW toward a wetland south of the property. 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 84.7 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 west side yard setback of 14.2 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, are 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 (as extracted from the Applicant's narrative):

• The variance is requested for the forward placement of a detached garage, due to the unique circumstances related to our lot and the Northfork development. The lot has a unique shape and size requiring a City variance. The Applicant would like to put up a detached garage on their property. The property lines behind their home do not allow a suitable space for any building or structure. To the east behind the home is their drain field. Beyond the drain field is low and marshy wetland with a culvert that drains from the street. Directly next to our current garage is our well.
• The proposed garage will also not alter the essential character of our property and neighborhood as several homes have received similar variance approvals over the years.

The Applicant has provided site and building plans that show the location of the existing house, shed, driveway, well, septic system, and drainfield, 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 east of the attached garage, the location of the well west of the attached garage, and the steep slope of the property that would need to be built upon to meet zoning code requirements, the proposed detached garage could not be placed behind the front (north) edge of the house and attached garage, thus proving the need for a Variance. Additionally, if the garage were to be shifted farther south, it would encroach onto the existing driveway and the drainage and utility easement along the west boundary of the property. The Applicant has selected the proposed location to limit the extension of the existing driveway, limit the amount of dirt to be excavated, filled, and/or regraded, and reduce the visual impact to the neighborhood along 160th Lane NW. 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 built into the existing hill along the west side of the Applicant's driveway, thus limiting the impact to stormwater flow and utilizing the topography and trees to screen the garage from the right-of-way. A few trees will be removed to accommodate the garage, but there are ample trees remaining to provide screening of the garage. These conditions will allow the garage to fit well within the neighborhood. It should be noted that several other properties in the Northfork neighborhood have detached garages in the front yard. Additionally, the Northfork Homeowner's Association has approved the design and placement of the proposed garage. 

To make the garage fit with the character of the neighborhood and to meet the HOA requirements, the Applicant is proposing to have the garage door face east (toward the driveway instead of the street). Additionally, all exposed sides of the garage not covered by the side of the hill will have the same horizontal lap siding and brick veneer matching the front facade of the existing house. Staff is supportive of these proposed architectural treatments.

With all of the above information, Staff find the practical difficulties listed above 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. Recommend approval of the Variance to the front yard placement for the accessory structure as requested by the Applicant and recommended by staff.
2. Recommend approval of the Variance with any additional reasonable conditions that mitigate any perceived impacts of the Variance to the neighborhood.
3. Recommend denial of the Variance based on specific findings.

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

Staff recommends approval of the Variance.

Motion to recommend the City Council adopt Resolution #26-058, Granting a Variance to Accessory Structure Placement at 9050 160th Lane NW.