WASECA COUNTY BOARD OF ADJUSTMENT MEETING Thursday, November 3, :00 p.m. WASECA COUNTY EAST ANNEX AGENDA

Transcription

1 To navigate thru agenda, click on the bookmark icon on the left hand side to open bookmarks/links WASECA COUNTY BOARD OF ADJUSTMENT MEETING Thursday, November 3, :00 p.m. WASECA COUNTY EAST ANNEX AGENDA 1. CALL TO ORDER/ESTABLISH A QUORUM 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES October 6, VARIANCE REQUESTS PUBLIC HEARINGS a) Veldman SSTS and Front Yard Variance Richard and Carolyn Veldman, 204 Central Avenue South, Hollandale, MN, are requesting variances to construct an Accessory Structure (detached garage) within the required setbacks prescribed in the Waseca County Unified Development Code at their property located at rd Street, Janesville, MN (Iosco Township). The first variance is to reduce the front yard setback to the road from 40 feet to 8 feet 32 ft. variance. The second variance is to reduce the setback from a Subsurface Sewage Treatment System soil treatment mound to an Accessory Structure (detached garage) from 20 feet to 2.5 ft ft. variance. The 1.49 acre property is located in the LR Limited Residential Zoning District of the Shoreland Overlay District on the northwest side of Reeds Lake. Parcel Identification Number (PID): MISCELLANEOUS 6. ADJOURNMENT AGENDAS AND ATTACHMENTS CAN ALSO BE FOUND ON THE COUNTY WEBSITE AT 1

2 Waseca County Board of Adjustment Meeting Minutes of October 6, 2016 DRAFT CALL TO ORDER/ESTABLISH A QUORUM Vice Chairman Rodney Born called the Waseca Board of Adjustment meeting to order at 6:25 p.m. on October 6, 2016 in the Waseca County East Annex, Waseca, Minnesota. Born acted as chair for this meeting as Chairman Duane Rathmann was absent. The meeting was late getting started, because a quorum was not established at 6:00 p.m. due to a Board of Adjustment member needing to be late for the meeting. MEMBERS PRESENT Rodney Born, DeAnne Malterer, Richard Possin, Robert Vogelsang MEMBERS ABSENT Duane Rathmann STAFF PRESENT Mark Leiferman, Nate Paris OTHERS PRESENT Geoff Jessin, Jesse Larish APPROVAL OF AGENDA Leiferman indicated that there was an addition to the agenda. He indicated that Richard Veldman is requesting an extension to his variance that was granted in November 2015 as he has yet to begin construction on his new home. Malterer moved to approve the agenda as printed. Vogelsang seconded. Motion carried unanimously. APPROVAL OF MINUTES January 7, 2016 Vogelsang motioned and Malterer seconded to approve the minutes of September 1, 2016 Board of Adjustment meeting as printed. Motion carried unanimously. VARIANCE REQUESTS PUBLIC HEARINGS a. Bonita Shultz, Matawan Avenue (4th Street), is requesting variances in order to place a new septic system absorption area and septic mound within various setbacks Located at Lots 10, 11 and 12, Block 7 of the Village of Matawan, in the VMX-Village Mixed Use Zoning District in Section 31 of Byron Township T105N R23W. Parcel Identification No. (PID): Leiferman outlined information regarding this variance request in a PowerPoint presentation and noted that the staff report had been sent to members of the Board of Adjustment for their information and review the week prior to the meeting. The staff report was also provided to individuals in applicable county departments for their review (Nathan Richmann, County Engineer; Kimberly Shermo, Environmental Health Specialist; and Brenda Miller, Waseca County Attorney). On September 23, 2016, notices of the hearing were sent to Byron Township officials and property owners within 500 feet of the proposed variance. Page 1 of 4 This document is a draft. It has not been reviewed for accuracy, nor has the Board of Adjustment approved this document as an accurate reflection of the minutes of the Board of Adjustment meeting held October 6, 2016.

3 Waseca County Board of Adjustment Meeting Minutes of October 6, 2016 DRAFT Leiferman reported that the subject property encompasses 10,500 square feet and is located in the VMX Village Mixed Use Zoning District in the Village of Matawan in Byron Township (Lots 10, 11, and 12, Block 7, Village of Matawan). He indicated that the address of the property is Matawan Avenue (also known as County Road 11, Main Street, and 60 th Street) in New Richland, MN (Parcel Identification Number (PID) He also noted existing structures on the lot, surrounding land uses, and zoning ordinance requirements for the variance request at hand. The applicants are requesting three variances from the setback requirements of the Waseca Unified Development Code to allow the installation of a replacement Subsurface Sewage Treatment System (commonly referred to as an SSTS or septic system ): 1. a variance of 5.5 feet from the required 10 foot setback from a property line to a septic system mound; 2. a variance of 10 feet from the required 10 foot setback from a septic system absorption area to County Highway 11 (requesting no setback); and 3. a variance of 2 feet from the required 20 foot setback from a septic system absorption area to a building (residence). The Board utilized information contained in the staff report and presentation to analyze the following Criteria for Approval: a. Is the request a substantial variation from the intent of the zoning ordinance? Yes_x_ No The applicants are requesting a variance to replace a failing SSTS system. The existing parcel is only 10,500 square feet (.24 Acres) in size. The lot measures 140 feet by 75 feet. The area between the house and the north property line is only 34 feet. The SSTS designer was uncomfortable placing the system in that location due to the fact that water from the mound may run into the applicant s home and onto the adjacent property. The well is located to the east of the site eliminating this area from consideration as a potential SSTS location. The proposal is to place the septic tank the required 10 feet from the house and the absorption area 18 feet from the home (20 feet required). This is a substantial variance; however, the absorption area is proposed to be located on the right-of-way line and a portion of the west side of the mound will extend 5 feet into the right-of-way. The absorption area will be 17.5 feet from the south right-of-way line. A portion of the mound will extend into the right-of-way (5 feet). There does not appear to be a good alternative for the placement of this SSTS system. b. Will the request have an adverse effect on the density of the area and will it have an impact on governmental services? Yes No_x_ The residential density will remain as is with the existing home on the site. There may be an impact on governmental services since the mound will extend into the right-of-way. Page 2 of 4 This document is a draft. It has not been reviewed for accuracy, nor has the Board of Adjustment approved this document as an accurate reflection of the minutes of the Board of Adjustment meeting held October 6, 2016.

4 Waseca County Board of Adjustment Meeting Minutes of October 6, 2016 DRAFT c. Will the requested variance effect a substantial change in the character of the neighborhood or will it result in a substantial detriment to neighboring properties? Yes No_x_ The mound for the Subsurface Sewage Treatment System will extend approximately 3.5 feet above the existing ground level. This will impact how the property appears from the County Road (11Matawan Avenue) and to some extent 4 th Street. There are relatively few neighbors in the area and so the impact should be minimal. The system not effectively reduce the extent to which neighboring property owners may use or enjoy other properties. The sight triangle will be only marginally impacted. The roadway is not heavily travelled. d. Is there another feasible method to alleviate the need of a variance? (economic considerations alone do not constitute practical difficulties) Yes No_x_ The only way to resolve the setback issues without a variance would be to acquire additional property. The applicants inquired about a possible acquisition a few years ago and could not come to terms with the adjacent owner. e. How did the need for a variance arise; did the landowner create the need for the variance? Is the plight of the landowner due to circumstances unique to the property itself and not created by the landowner? Yes_x_ No The applicants obtained title to the property through the probate system (estate). The existing system was put into service a number of years ago and connects to an agricultural tile line. This is a non-compliant system. f. Whether, in light of all of the above factors, will allowing the variance serve the interests of justice? Yes_x_ No It appears that justice will be served by the granting of this variance because this appears to be the only location that will work for the replacement SSTS system. Vice Chairman Born opened the public hearing at 6:40 p.m. and closed it at 6:45 p.m. Leiferman indicated that there has been no written correspondence from any neighboring property owner or member of the public, however, Steve Schalwick phoned the Planning and Zoning Office and indicated that he represents an owner in the area and said that as long as the project does not affect his setbacks in the future, he was not opposed to the variance. The applicants were not present at the meeting as they reside elsewhere in the state. However, Board member Robert Vogelsang, is the brother of the three applicants and therefore acted as representative for the applicants in their absence. Jesse Larish, of th Street in New Richland (Matawan), indicated that he is a neighboring property owner that was unsure of the granting of a variance upon initially hearing of the request, but Leiferman s presentation cleared up all his questions Page 3 of 4 This document is a draft. It has not been reviewed for accuracy, nor has the Board of Adjustment approved this document as an accurate reflection of the minutes of the Board of Adjustment meeting held October 6, 2016.

5 Waseca County Board of Adjustment Meeting Minutes of October 6, 2016 DRAFT and concerns. He stated that he was in favor of granting a variance as he would like to see the (now vacant) home occupied as he has been a long-time resident of Matawan and would like to see it grow rather than turn in to a ghost town. Geoff Jessen, of th Street in New Richland and Byron Township Supervisor, indicated that the Township had no issues with the variance request. Leiferman and the Board briefly discussed the variance requests and Criteria for Approval as prescribed in the ordinance. Malterer moved to approve the Criteria for Approval as presented. Possin seconded. Vogelsang abstained from voting**. Motion carried unanimously. Malterer then moved to approve the variance request with the conditions outlined by staff. Possin seconded. Motion carried unanimously. Vogelsang abstained from voting**. The three variances from the Waseca County Unified Development Code were granted. **Vogelsang abstained from all voting since he acted as the applicant s representative and presented their case to the Board. MISCELLANEOUS a. Request for Variance Extension Richard and Carolyn Veldman Leiferman indicated that Rick (Richard) Veldman contacted him via to request an extension to the variances he was granted in November of Leiferman noted that the previously granted variances were from the required setbacks of a primary structure to a property line (front yard) and the lake shore (Reeds Lake). He then stated that the Veldman was requesting an extension to his variances in order to comply with the Waseca County Unified Development Code (Article 3, Section 8 Variances and Appeals) which requires variances to be acted upon within one year of their issuance. The Veldman s have not begun construction of their home in which the variances were needed for, thus an extension is needed now that the one year deadline is nearing. Leiferman noted that the Veldman s have already been permitted for and constructed a new septic system on the property. Vice Chairman Born asked Leiferman if the garage to be constructed on the home would affect the septic system s drainfield. Leiferman stated that it would not. Vogelsang made motion to grant an extension to the variance. Possin seconded. Motion carried unanimously. A variance extension was granted. ADJOURNMENT Malterer made motion and Possin seconded to adjourn. Motion carried unanimously. The Waseca County Board of Adjustment meeting on October 6, 2016 adjourned at 6:50 p.m. Page 4 of 4 This document is a draft. It has not been reviewed for accuracy, nor has the Board of Adjustment approved this document as an accurate reflection of the minutes of the Board of Adjustment meeting held October 6, 2016.

6 WASECA COUNTY BOARD OF ADJUSTMENT PUBLIC HEARING ON VARIANCE REQUEST November 5, :00 p.m. LAND USE APPLICATION Project Name: Veldman SSTS and Front Yard Variance Property Addresses: rd Street, Janesville, MN Reported By: Applicants: Request: Mark Leiferman, Waseca County Planning & Zoning Administrator Richard Lee Veldman and Carolyn Faith Veldman 204 Central Avenue South, Hollandale, MN Variances to construct an Accessory Structure (detached garage) with the required setbacks Requested Action Variance No. 1: To reduce the front yard setback to the road from 40 feet to 8 feet. Variance No. 2: To reduce the setback from an SSTS treatment mound from 20 feet to 2.5 feet. SITE DATA Existing Zoning: Township Name: LR Limited Residential District / Shoreland Overlay Iosco Township Parcel Identification: Lot Area: Future Land Use: 1.49 Acres (64,904 Square Feet) Shoreland Residential Zone Date of application: October 6, days: December 5, days: February 4, 2016

7 BACKGROUND SITE DESCRIPTION: The subject property is a vacant 64,904 sq ft (1.49 acre) tract that is located on the west shore of Reeds Lake in Iosco Township. The property has been used for recreational purposes and some of the site has been seeded with grass. There is a delineated wetland on the property and the delineation line was reviewed and approved by Waseca County within the last five (5) years. Much of the upland area of the site is wooded. ADJACENT USES: North: East: South: West: Wetland Reeds Lake Residences and Cabins Farmland & Wetland PROPOSAL: The request is to construct a new 26 x square foot 1-story detached garage on the property described above. A new well and septic system have been constructed on the site and there is a permit for the three bedroom cabin and attached single garage on the site. The applicants may install a deck (ground level) and patio (walkout level) in the future pending Unified Development Code standards and zoning permit application approval. This property is currently accessed by a private drive (73 rd Street). The private access drive leading to the proposed home will need to be improved with by the property owner by construction of the residence. Jones Haugh and Smith have prepared a new survey for this request. PUBLIC COMMENT: Public hearing notices were sent to area property owners and township officers. No written correspondence has been received from any neighboring property owner or other member of the public.

8 GOVERNMENT AGENCIES: This staff report will also be sent to certain Waseca County officials and the MN Department of Natural Resources for their review. Any correspondence or recommendations received prior to the public meeting will be provided to the Board of Adjustment for consideration at the meeting. IS CRITERIA FOR APPROVAL The Board of Adjustment should weigh each of the criteria when deciding whether or not the Variance Application should be granted: a) Is the request a substantial variation from the intent of the zoning ordinance? The applicants are seeking two variances to decrease the front yard setback and the setback from the Subsurface Sewer Treatment System (SSTS) to a structure to allow for the construction of a new detached garage. The purpose of the code requirements is to maintain control for consistency in terms of the size of building envelopes and building bulk and to access to SSTS systems. The lot is 1.5 acres; however, there are wetlands present on the site that impact the placement of a structure. The owners also desire to keep the mature trees on the site. The adjacent uses in the area are existing single-family dwellings and cabins that are often similar in size with the proposed development on the subject site. Many of the homes have detached garages located in close proximity to the private road right-ofway (private easement). In addition, the private access road also bisects many of the tracts to the south placing structures on both sides of the drive. The wetlands located to the north of this site is the reason the road will not be extended north beyond this tract. For the reasons specified, the new garage and home will not look out of place in the neighborhood. The public can be protected adequately from these variances to the code if the conditions imposed upon the applicant are complied with. b) Will the request have an adverse effect on the density of the area and will it have an impact on governmental services? The residential density will eventually increase by one unit (the applicant has submitted a permit application for the residence. The applicant will need to improve the access drive serving the property according to Waseca County ordinances and road standards. There should not an increase in demand on governmental services such as road repair and maintenance since the use shall remain essentially the same and the road is a private drive which is maintained by adjacent property owners. By their nature, residential uses have impact on governmental services including emergency services, human services, schools, etc. c) Will the requested variance effect a substantial change in the character of the neighborhood or will it result in a substantial detriment to neighboring properties?

9 The granting of the variances would not affect the character of the area or be injurious to the use or enjoyment of other property in the vicinity. If granted, the new garage will be located 8 feet from the adjacent property line and the home will be a similar distance from the lake as homes to the south. The design of the home and garage should be compatible with the existing dwellings in the area. The Board of Adjustment previously required the planting of native vegetation along the lakeshore to reduce the visual impact of the project as viewed from the lake. If granted, the proposed variances will not be detrimental to the health, safety or welfare of the public or those utilizing the property provided the proposed garage and home are constructed in the general vicinity as proposed and there is some screening installed along the lakeshore. d) Is there another feasible method to alleviate the need of a variance? (economic considerations alone do not constitute practical difficulties) Moving the proposed garage structure will impact the mature trees located on the site. e) How did the need for a variance arise; did the landowner create the need for the variance? Is the plight of the landowner due to circumstances unique to the property itself and not created by the landowner? Practical difficulties exist in complying with the code are due to circumstances unique to the property. The site is larger than average-sized residential lot in the area. The site is impacted due to wetlands located on the property, where the access drive is located and the location of the SSTS system. The applicant is already proposing a one-car garage in order to save a mature oak tree located on the property. f) Whether, in light of all of the above factors, will allowing the variances serve the interests of justice? It appears that justice will be served by the granting of this variance. RECOMMENDED CONDITIONS There are two variances to the code that are being requested with this application. The requests include: A. Variance to the front yard setback on the south side of the Veldman property to place a detached garage 8 feet from the south property line (40 feet required). B. Variance to place the detached garage 2.5 feet from the Subsurface Sewer Treatment System or SSTS (20 feet required).

10 The applicants desire to reduce the setbacks to avoid the removal of a large oak trees (see attached drawing). The site plan as proposed will also minimize the impervious surface impacts. The variances are recommended for approval subject to the following conditions: 1. That the owners comply with conditions of the Variance dated on November 5, 2015and filed for record with the Waseca County Recorder on January 21, 2016 as Document No The landscape provisions contained within this variance must be completed within one year of granting this variance. 2. The new garage shall be placed a minimum 8 feet from the south property line and 2.5 feet from the Subsurface Sewer Treatment System (SSTS). The site shall be developed according to a site plan approved by the Waseca County Planning and Zoning Administrator. 3. All County, State (including Minnesota Department of Natural Resources and the Minnesota Wetlands Conservation Act), and Federal laws, regulations, and ordinances shall be complied with. PARCEL LEGAL DESCRIPTION That part of the Government Lot Five (5), Section Five (5), Township One Hundred Eight (108) North, Range Twenty-three (23) West, Waseca County, Minnesota, described as follows: Commencing at the West Quarter (W 1/4) corner of said Section Five (5); thence on an assumed bearing of East along the South line of said Government Lot Five (5), a distance of Eight Hundred Eight-six and Fifty-one Hundredths (886.51) feet to the point of beginning of the tract to be described; thence on a bearing of North, a distance of One Hundred Seventy-five (175.00) feet; thence on a bearing of East, a distance of Three Hundred Forty-six (346.00) feet more or less to the shoreline of Reed s Lake; thence South-Southeasterly along said shoreline to the intersection with the South line of said Government Lot Five (5); thence on a bearing of West along the South line of said Government Lot Five (5), a distance of Three Hundred Ninety-four and Forty-four Hundredths (394.44) feet more or less to the point of beginning. This tract contains One and Forty-nine Hundredths (1.49) acres of land more or less and is subject to any and all easements of record.

11 ATTACHMENTS A. Zoning Code Extract B. Zoning Map Extract C. Survey and Site Drawing D. Setback Enlargement (from Survey and Site Drawing) E. Before (Photo) and After Illustration F. Application Information

12 ATTACHMENT A Zoning Code Extract Article 5. Section 2 Subsurface Sewage Treatment Systems 20. Variances (a) Variance Requests A property owner may request a variance from the standards as specified in this ordinance pursuant to county policies and procedures. (b) Affected Agency Variances that pertain to the standards and requirements of the State of Minnesota must be approved by the affected State Agency pursuant to the requirements of the State Agency. (c) Board of Adjustment The Board of Adjustment shall have the authority only to consider variances to horizontal setbacks from property lines, rights of way, structures, or buildings. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Ordinance where there are practical difficulties or particular hardship in meeting the strict letter of this Ordinance. Variance requests to deviate from the design flow determination procedures in Minnesota Rules, Chapter if the deviation reduces the average daily estimated flow from greater than 10,000 gallons per day to less than 10,000 gallons per day, or to provisions in , Subp. 2 and , Subp. 2 through 5 regarding the vertical separation required beneath the treatment and dispersal soil system and saturated soil or bedrock from the required three feet of unsaturated soil material (except as provided in , Subp. 4D) must be approved by MPCA. Variances to wells and water supply lines must be approved by the Minnesota Department of Health. Article 6 Zoning District Regulations Section 14, LR Limited Residential District (a) Minimum setbacks from property or road right-of-way lines, principal structures: Front yard - Side yard - Rear yard - 40 feet 15 feet 30 feet Minimum setbacks from property or road right-of-way lines, accessory structures: (i) Front yard (ii) Side yard (iii) same as principal structure 15 feet (10 feet if structure is 100 square feet or less in area and no greater than 14 feet in height) Rear yard15 feet (10 feet if structure is 100 square feet or less in area and no greater than 14 feet in height)

13 ATTACHMENT B ZONING MAP EXTRACT Le Sueur County Feedlot Prohibited Area Waseca County SITE LR Limited Residential District Shoreland Overlay District (Hatched) Notes: A-1 Agriculture Protection District are areas without a color. The Shoreland Overlay District shown with a blue hatch is the area 1,000 feet from a Lake. The Feedlot Prohibited area is the area 1,000 feet from any LR Limited Residential District. The zoning in Le Sueur County is not shown.

14 ATTACHMENT C Survey Drawing Extract (Setbacks Shown) NORTH Not to Scale Note: From a drawing prepared by Survey Services, Inc. and Jones, Haugh and Smith.

15 ATTACHMENT D Setback Enlargement (from Survey and Site Drawing) Note: Staff drawing prepared from a 2014 survey by Survey Services, Inc.

16 ATTACHMENT E Before (Photo) and After (Illustration) Note: Photograph and Illustration Courtesy of Waseca County

17

18

19

20

21

22