PUBLIC HEARING: Consider Variance Request to Build an Attached 2 Stall Garage within the Required Setback from the Shoreline of the Rum River at 15795 Juniper Ridge Drive NW (Project No. 18-123); Case of Rick and Diane Farrell

The City has received an application from Rick and Diane Farrell (the "Applicant") for a variance to construct an attached 2 stall garage within the required setback from the Rum River on the property located at 15795 Juniper Ridge Drive NW (the "Subject Property"). The Planning Commission met previously and approved a variance for a detached one stall garage, the applicant has revised his proposal.

City Staff attempted to notify all property owners within 350 feet of the subject property of the request by U.S. Mail and published a notice of public hearing in the Anoka Union Herald, the city's official newspaper.

The Subject Property is located within the R-1 Residential (MUSA) zoning district and is approximately 0.88 acres in size.  The surrounding parcels are also zoned R-1 Residential (MUSA) and are of a similar size.  The Subject Property is within the Wild and Scenic Overlay District, which has additional standards aimed at protecting the scenic qualities of the Rum River, including a setback from the Ordinary High Watermark (OHW) and restricted vegetative clearing activities. The OHW can also be described as the shoreline. The Overlay District is created by Minnesota Rules, and requires that the City administer said rules.

There are two significant materials standards of the Overlay District to consider with this request. 

• Minimum setback of 150 feet from the shoreline and 30 feet from bluffline (steep slope)  
• Clear cutting activities of significant trees are prohibited 

The home and deck on the Subject Property are approximately eighty-nine (89) feet from the shoreline. It is considered lawful, non-conforming as it was constructed in the late 1970s and predates the standards of the Overlay District. There also is a 'pool house' on the Subject Property, which appears to have been constructed without a permit before the Applicant purchased the home and encroaches into the shoreline setback (about 77 feet from the shoreline). The entire home and the majority of the property lie within the required 150 foot setback from the ordinary high water line.

There is also a Scenic Easement in favor of the City and Anoka County encumbering a portion of the Subject Property (as well as the properties to the east and west).  Staff overlayed the Scenic Easement with an aerial image for reference (see attached exhibit). It does not appear that the proposed attached accessory structure would encroach into the easement.

At the July 12th, 2018 Planning Commission meeting, the Applicant applied for a variance to the Ordinary High Watermark setback to to construct a fourteen by twenty-four foot (14' x 24') detached accessory building approximately eight-four (84) feet from the shoreline and greater than thirty (30) feet from the bluffline. A variance was granted with the condition that the proposed accessory building be brought in line with the front line of the home, approximately one hundred and forty-two (142) feet from the shoreline. The Applicant does not want to disturb trees or the grass area where a shed could be located and has instead modified his proposal to include an attached two stall garage.

The Applicant is proposing a twenty-two by twenty-three foot (22' x 23') attached, 2 stall garage which would be approximately one hundred and fifteen (115) feet from the shoreline and greater than thirty (30) feet from the bluffline. The proposed structure would be in line with the rear line of the home and nearer to the front property line than the existing deck. The location of the proposed structure would not require the removal of any trees or disturb any vegetation. The proposed addition would be on the driveway and extend the existing garage.

The DNR has been notified of this application and has not submitted comment. A previous comment from the DNR was that a proposed structure on the Subject Property should at least equal the setback of the existing home so as not to exacerbate a nonconformity.

Alternatives

Alternative 1: Approve Resolution #18-157 as requested. This would allow the garage addition to be built one hundred and fifteen [115] feet from the shoreline. Staff supports this alternative as it does not exacerbate the existing non conformity, nor does it result in any loss of trees or clear vegetation.

Alternative 2: Deny Resolution #18-157. Based on the current setback requirement from the shoreline, any building on this lot would require a variance from either the shoreline setback, the front yard setback, and in some cases, both setbacks. Staff feels that additional garage space is a reasonable request and use of the land. Staff feels the installation of a attached accessory building is a reasonable use of a single family residential property and it would not alter the essential character of the neighborhood. Staff would not support this alternative.

All costs associated with this request are the responsibility of the Applicant.

Staff recommends Alternative #1, recommending the Planning Commission approve Resolution #18-157.

?Please note that the Planning Commission is acting in a quasi-judicial capacity. This means that the Planning Commission is making the final decision, not a recommendation to the City Council. The Applicant or impacted persons can appeal the Planning Commission decision to the City Council.

Motion to approve Resolution #18-157 granting a variance to the Ordinary High Watermark setback to the Rum River to build a two stall attached garage addition at 15795 Juniper Ridge Drive NW.