PUBLIC HEARING: Consider Request for a Variance to the Setback from the Ordinary High Water Mark of the Rum River for the Property Located at 15825 Juniper Ridge Dr NW; Case of Gary and Sandra Steinke

The City has received an application for a Variance from Gary and Sandra Steinke (the "Applicants") to construct a detached accessory building that would encroach on the required setback from the Ordinary High Water Mark (OHWM) of the Rum River on the property located at 15825 Juniper Ridge Dr NW (the "Property"). The Property is adjacent to the Rum River and is within the Scenic River Land Use District and therefore, in addition to the general standards for detached accessory buildings, is also subject to the standards found in City Code Section 117-256 (District Provisions) related to the Scenic River Land Use District.

Staff attempted to notify all Property Owners within a 350 foot radius of the Property of the Public Hearing via Standard US Mail. The Public Hearing was also published in the City's official newsletter, the Anoka County Union Herald.

The Property is zoned R-1 Residential (MUSA) and is approximately 0.92 acres in size.  The Property is surrounded by parcels of a similar size and within the same zoning district.  Note that while the Zoning Map identifies the Property as being in the urban area, the State Statute enacting the Scenic River regulations identifies this area as rural and thus the rural area bulk standards within Section 117-256 (District Provisions) apply, including an OHWM setback of 150 feet.

The Applicants are proposing to construct a 936 square foot detached accessory building (the "Building") on the Property.  The Building would be approximately 130 feet from the OHWM of the Rum River, which encroaches into the required setback by about twenty (20) feet.  The Building would be located well beyond the required bluff line setback as well.  Additionally, it is worth noting that proposed Building location would be further from the OHWM of the Rum River than the home, which, in 1987, was granted a variance to allow a reduced river setback of 110 feet.  Finally, there is a significant grade difference between the water surface and the proposed location of the Building of about twenty (20) to twenty-five (25) feet, and there is also significant existing vegetation that would make it rather unlikely the Building would be visible from the river.

The proposed Building would comply with all general standards within City Code Section 117-349 (Accessory Uses and Buildings) including allowable square footage, height, exterior finish, and also would comply with the standard required setbacks for the R-1 Residential (MUSA) district.

The Applicants are proposing to install an asphalt driveway to service the the proposed Building as required by City Code.  However, the Property already has a horseshoe style driveway creating two access points to the street.  Properties within the R-1 Residential (MUSA) district are limited to a single access with the exception of corner lots, which are permitted one (1) access per street frontage.  But, when the home was originally constructed, the property was zoned R-1R Rural Residential, which did not specify a limit to the number of allowable access points.  Due to the location of the septic system, the Applicants are not able to extend their existing driveway to service the proposed Building.  Staff is supportive of the third access point and has included a term within the proposed variance permitting it.

The details of the request have been forwarded to the Department of Natural Resources (DNR) as a courtesy (while they no longer have certification authority over variances, they are the agency tasked with oversight of the Wild and Scenic River Rules).  As of the writing of this case, the City has not received any feedback on the request from the DNR.

When contemplating a variance request, there is a three (3) factor test for practical difficulties that must be met by the Applicant. The following are the three (3) factors:

1. Is the property owner proposing to use the property in a reasonable manner?
2. Is the landowner's problem due to circumstances unique to the property and not caused by the landowner?
3. If granted, would the variance alter the essential character of the locality?

The proposed use, a detached accessory building, is certainly a reasonable use for the R-1 Residential (MUSA) district and would not alter the essential character of the locality.  The Scenic River Land Use District does present unique standards that are not applicable to all properties within the community and are not a result of actions of the Applicants. 

Alternatives

Option #1: Adopt Resolutions #14-10-206 and #14-10-207 granting a variance to the minimum required setback from the OHWM of the Rum River for the construction of a detached accessory building and allowing a third access point to the street.  The proposed Building would be further back from the OHWM of the Rum River than the home on the Property and would well exceed the required bluff line setback.  Furthermore, the Building would likely be rather inconspicuous from the water surface due to the proposed setback, existing screening, and the grade difference.  The Building would comply with all other standards for an accessory building.  Staff supports this option.

Option #2: Deny the request for a variance to deviate from the required setback from the OHWM of the Rum River.  While the Building location does not comply with the required setback, it will be further from the river than the home and will be well screened, due to the existing vegetation and the difference in elevation.  Staff does not support this option.

As a reminder, the Planning Commission acts in a quasi-judicial capacity rather than an advisory board when considering a variance request.

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

City Staff recommends approving the request for a variance to deviate from the required setback from the OHWM of the Rum River.

Motion to adopt Resolution #14-10-206 approving Findings of Fact #0936 Resolution #14-10-207 approving the request for a variance to the required setback from the OHWM of the Rum River.