PUBLIC HEARING: Consider Request for a Variance to Setbacks from the Ordinary High Watermark of the Rum River for the Construction of a Detached Accessory Building at 15637 Juniper Ridge Drive (Project No. 19-114); Case of Emily and Andrew Gilbertson

The City has received an application from Andrew and Emily Gilbertson (the "Applicant") for a variance to construct a detached accessory building within the required Ordinary High Watermark (OHW) setback from the Rum River at 15637 Juniper Ridge Drive NW (the "Subject Property").  The proposed accessory building (the "Building") would be twenty-eight feet (28') deep by twenty-four feet (24') wide.

Staff attempted to notify all Property Owners within 350 feet of the Subject Property, as listed in the Anoka County records, via Standard US Mail of the Public Hearing, and published a notice in the Anoka Union Herald as well.

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 Building would be located at the northern edge of the existing asphalt driveway. The northwest corner of the Building would be located approximately 100 feet from the OHW of the Rum River and twenty (20) feet from where the land starts to slope toward the river. The Applicant has noted that their septic system is on the east and north sides of the home, eliminating that area from consideration. Additionally, per City Code, while the 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.

Based on the size of the Subject Property, the Applicant is eligible for up to 2,200 square feet of detached accessory buildings.  The proposed building is 672 square feet and there is only one other detached accessory building on the property, a small garden shed.  The exterior finish of the Building is proposed to be pine vertical siding painted to match the walls and trim of the home.  Aside from the proposed location, the Building complies with all other accessory building regulations.

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 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.

The Environmental Policy Board (EPB) reviewed this request at their April 15, 2019 meeting.  The EPB was generally supportive of the request but did recommend Staff conduct a site visit to determine if it may be beneficial to require a tree(s) to be planted both between the river and Building as well as between the property boundary and Building.  Staff did complete a site visit and based on the existing overhead canopy and proximity to the side property line, there does not appear to be sufficient space in either of these locations for additional plantings.

Staff did send the information regarding this request to the MN DNR.  No comments or response was received.

In order to grant a variance, the Planning Commission must consider the practical difficulty test and consider the following three-factor test:

• Reasonableness: Staff does feel that a detached garage is a reasonable use of the Subject Property, and is an allowed accessory use in the R-1 Residential (MUSA) District.
• Uniqueness: In order to grant a variance, the problem at hand cannot be caused by the landowner and generally the uniqueness relates to the physical characteristics of the property. The Subject Property was platted prior to the adoption of the overlay district standards and the home was also constructed prior to these regulations being adopted.  Neither the Subject Property nor the home would be permitted under the current standards.  Couple that with the topography and location of the septic system, and there are really no other options to lawfully site the Building. 
• Essential Character: The Planning Commission must consider if the Building, if built, would be out of scale or place in the neighborhood. Staff does not believe it would alter the character of the neighborhood at all, as detached accessory buildings are very common throughout the community. Additionally, the Building is proposed in the least impactful location for views from the River and from neighboring lots.

Alternatives
Alternative 1: Motion to adopt Resolution #19-123 granting a variance to setbacks from the OHW and bluff line of the Rum River for the construction of a twenty-eight foot (28') by twenty-four foot (24') detached accessory building.  The proposed location appears to best satisfy the intent of the overlay district standards by limiting the impact on the viewshed from the Rum River.  Staff supports this request.

Alternative 2: Motion to adopt Resolution #19-123 granting a variance to setbacks from the OHW and bluff line of the Rum River for the construction of a twenty-eight foot (28') by twenty-four foot (24') detached accessory building, contingent upon the Applicant planting a tree or trees to offset the addition of impervious surfacing.  While this was something that was encouraged by the EPB, their recommendation was only if there was sufficient space for a tree(s) near the building, which there doesn't appear to be.  Staff is not opposed to this alternative, but wants to acknowledge that the addition of a tree(s) would likely need to be elsewhere on the  Subject Property and would not necessarily provide additional screening of the Building.

Alternative 3: Motion to deny the requested variance.  Due to the shape and size of the Subject Property, as well as the location of the home and septic system, which were both installed prior to the adoption of the overlay district standards, there does not appear to be any other viable option for siting a detached accessory building.  Staff does not support this alternative.

The Applicant is responsible for all costs incurred while processing this request.

The EPB recommends approval of the requested variance.

Motion to adopt Resolution #19-123 granting a variance to setbacks from the OHW and bluff line of the Rum River for the construction of a detached accessory building on the Subject Property.