Consider Request for a Variance to Building Setbacks to the Ordinary High Watermark at 15637 Juniper Ridge Drive (Project No.19-114); Case of Andy Gilbertson

The City has received an application from Andy Gilbertson (the "Applicant") for a variance to building setbacks to the ordinary high watermark (OHW) on the property located at 15637 Juniper Ridge Drive (the "Subject Property").  The Applicant is proposing to construct a twenty-four foot by twenty-eight foot (24' x 28') detached accessory building (the "Accessory Building") within the required setback from the OHW of the Rum River.

The Subject Property is 1.35 acres in size and is located within the R-1 Residential (MUSA) zoning district.  The surrounding properties are also zoned R-1 Residential (MUSA) and range in size from about 0.75 acres to about 3.5 acres.  While within the Metropolitan Urban Service Area (MUSA), which typically indicates that properties are served by municipal sewer and water, this neighborhood is still on private services (individual wells and septic systems).

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 (MUSA) 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, and from the bluff line, defined in City Code as a line that generally follows the river bank where the slope changes greater than 12% to less than 12%, at least thirty (30) feet. 

The home on the Subject Property does not appear to meet the required setback from the OHW.  However, the Subject Property is located within the Plat of Reilly Estates, which was approved in 1976.  The home on the Subject Property was constructed in 1978 and appeared to comply with all regulations in place at that time.  The Overlay District was not adopted by the Ramsey City Council until 1981.  Thus, the existing home is considered lawful, non-conforming.

The proposed Accessory Building would be located at the northern edge of the existing driveway.  The northwest corner of the Accessory Building would be located approximately 100 feet from the OHW of the Rum River.  The Applicant has noted that their septic system is on the east side of the home, eliminating that area from consideration.  Additionally, per City Code, while the Accessory Building can be located nearer the front property line than the home (since this is a riparian lot), it still must comply with the required front yard setback (30 feet), which is not possible due to the septic system location.

Due to the angle of the Subject Property, which follows the river corridor, the slope of the bank (steeper in the northwest and more gradual to the northeast), 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 Accessory 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 would not require additional paving, which helps limit the amount of impervious surfacing on the Subject Property and thus limits the amount of 'new' runoff that would be generated. 

Staff is generally supportive of the requested variance.  However, a condition that could be considered would be stipulating the need to plant additional trees between the river and the Accessory Building.   This would not only add additional screening but would also help capture more rainfall and thereby assists offsetting stormwater runoff to the river.
 

The Applicant is responsible for all costs associated with this request.

Motion to recommend Planning Commission approve the requested variance contingent upon the Applicant planting additional native trees between the Accessory Building and the river.