02-05-14 Planning Comm AgendaCITY OF SHOREWOOD COUNCIL CHAMBERS
PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD
WEDNESDAY, 5 FEBRUARY 2014 7:00 P.M.
AGENDA
CALL TO ORDER ROLL CALL / (LIAISON) SCHEDULE
CHARBONNET (May)
GARELICK (TBD)
LABADIE (Apr)
MADDY (Mar)
MUEHLBERG (Feb)
DAVIS (TBD)
GENG (Jan)
APPROVAL OF AGENDA
APPROVAL OF MINUTES
Deferred
1. 7:00 P.M. PUBLIC HEARING — SETBACK VARIANCES/VARIANCE TO
CONSTRUCTION STANDARDS
Applicant: Dan and Trina Volbrecht
Location: 5770 Smithtown Circle
2. DISCUSS MILL STREET AND GALPIN LAKE ROAD OPEN HOUSE
3. MATTERS FROM THE FLOOR
4. OLD BUSINESS / NEW BUSINESS
5. DRAFT NEXT MEETING AGENDA
6. REPORTS
Liaison to Council
SLUC
Other
7. ADJOURNMENT
Memorandum
Re: Volbrecht Variances
29 January 2014
ISSUES AND ANALYSIS
A. Zoning Requirements. It is useful to take a moment to consider the, reasons for
the various zoning restrictions that apply in this case:
1. Setback Requirements. Building and other setbacks are an extremely
important aspect to zoning. While lot sizes control the density of
development in residential areas, setbacks are what establish minimum open
and /or green spaces for those areas. The amount of open space varies from
one zoning district to another, depending on the character of the neighborhood
in question. For example, front and rear setbacks in the R -1A (acre lot)
district are 50 feet and 50 feet respectively. Setbacks in the R -11) district
(quarter -acre lots) are 30 feet in front and 35 in the rear. All of Shorewood's
single- family residential zoning districts have 10 -foot side yard setbacks.
Also, side yards abutting streets (for corner lots) are treated the same as front
yards with respect to setbacks.
Not only do these setback requirements establish a minimum amount of open
space on each lot, they also provide continuity of open space so as to tie green
space from one lot to another. Without setback requirements, buildings could
be scattered anywhere on the lot, resulting in a clutter of man -made structures
and defeating the purpose of lot size requirements. Finally, setbacks provide
protection for sensitive areas such as wetlands and shorelines.
2. Building Materials. Section 1201.03 Subd. 7. of the Zoning Code was
adopted to ensure that accessory structures reflect the high quality of
Shorewood's housing stock. Accessory structures greater than 150 square feet
in area are required to be constructed with materials and a design compatible
with the general character of the principal structure on the lot. As with the
setback provisions referenced above, these requirements are in place to
preserve property values in Shorewood.
B. Variances. State law and Shorewood's zoning regulations have changed in recent
years from a standard of "undue hardship" to "practical difficulties ". In spite of
that change, the criteria for granting variances has remained pretty much the
same. The very first question to be asked in considering a variance is - can it be
done without a variance? In this case, the answer is yes. Exhibit F illustrates
three locations that could accommodate an accessory structure the same or similar
in size to what the applicants have built.
With respect to specific criteria for granting variances, following is how the
request complies:
-2-
Memorandum
Re: Volbrecht Variances
29 January 2014
1. Reasonable Use. A detached garage is considered to be a reasonable use
provided it fits on the subject property. The illustration on Exhibit F shows
that a detached garage could easily be located on the property in a number of
ways that do not require a variance.
2. Circumstances Unique to the Property. There is nothing unique about the
property in question. Corner lots in all zoning districts are subject to the "side
yard abutting the street" setback requirement. The size of the lot is greater
than the minimum lot area for the R =1C District (24,713 square feet vs.
20,000). The wetland referenced in the applicants' request letter is located
entirely within the rear yard setback area and does not adversely affect the
location of a detached garage.
3. Circumstances Not Caused by Owner. The Volbrechts did not build the
existing home on the lot. However, they inherit the actions of the owner that
did. In this case, a different house design could easily have accommodated a
three -car or larger garage. The owner brought this "practical difficulty" on
him or herself.
4. The Variance Will Not Alter the Essential Character of the Area. In light of
the preceding, it would be very difficult to deny similar variances if this one is
granted, both with respect to open space and construction quality. We cannot
disagree that the structure is good quality as far as vinyl structures go, but it is
far from the quality of a building that can comply with Building Code
requirements. According to the Building Official, in order to obtain a building
permit the manufacturer would have to demonstrate that the structure can
comply with snow and wind loads required by the State Building Code and
there is good reason to doubt that the structure would comply.
RECOMMENDATION
Based on the preceding, the variances cannot be recommended. Approval would set an
extremely undesirable precedent. Assuming the Planning Commission and Council
agree, the applicants should be given 15 days to remove the violating structure.
Cc: Bill Joynes
Larry Brown
Tim Keane
Dan and Trina Volbrecht
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Exhibit C
PHOTO - STRUCTURE IN QUESTION
Street view picture from Smithtown Road
Street view picture across the SW corner of property
Exhibit D
PHOTO 2
16 December 2013
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Re: Variance Application — 5770 Smithtown Circle (PID# 32- 117 -23 -13 -0030)
City of Shorewood:
The purpose of this letter is to request a variance of Shorewood zoning regulations as it relates to the
storage canopy on the property.
Recent property improvements and landscaping efforts support the location of the storage structure, as
well as conditions governing consideration of this variance request. A berm and fence were added to the
side property adjacent to Smithtown Road. Also, a berm and over 20 pine trees were added to existing
tree & brush cover along the rear property. This results in partially blocked visibility of the structure
from Smithtown Road traffic and adjacent property. With all of these efforts therefore, it does not
unreasonably diminish or impair established property values within the neighborhood.
Additional considerations of the structure: 1) The general appearance is professional and high quality in
nature. 2) It does not impair an adequate supply of light or air to adjacent property, nor unreasonably
increase the danger of fire or public safety. 3) Usage and access to the storage canopy from Smithtown
Road is infrequent and seasonal in nature. Therefore it would not unreasonably increase the congestion
in the public street.
Special conditions exist due to the peculiar orientation of the land relative to the front & side adjacent
roads and rear property. The front setback is 35, the side setback abutting Smithtown Road is 35', and
the rear setback abutting side of adjacent property is 40'. Also, the SW property corner is an acute angle
with a portion of the property designated as wetland. These combined characteristics are unique to the
property as compared to other properties within 500'. These larger setbacks along with the acute angle
of the SW lot corner would put the storage structure at an unreasonable position in the middle of the
back yard.
The property at time of purchase had over 100 trees that resulted in dense wooded privacy. In the
thirteen years we have lived here, over $20,000 has been invested in attempting to save the trees from
Dutch Elm disease, removing the dead trees, and addressing the storm water runoff. The additional
storm sewer has greatly increased the management of sitting water for us and our neighbor. It is our
hope the variance will be approved in the existing location to restore backyard privacy and finish the
restoration of this piece of property.
Thank you for your consideration.
L�
Dan and Trina Volbrecht
5770 Smithtown Circle
Exhibit E
APPLICANTS' REO VEST LETTER
Dated 16 December 2013
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N ALTERNATIVE STRUCTURE
LOCATIONS