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Home My WebLink About5.a. Swedal VarianceE X E C U T I V E S U M M A R Y Planning Commission Meeting: May 23, 2017 AGENDA ITEM: 17-23-V: Variance to construct a porch addition within the required setback from a wetland. AGENDA SECTION: Public Hearing PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 5.a. ATTACHMENTS: Resolution, Site Location, Site Aerial, Floorplans and Elevation, Survey APPROVED BY: KL RECOMMENDED ACTION: Motion by the Board of Appeals and Adjustments to approve a variance from the Wetland Ordinance buffer and structure setback requirements from 45’ to 22’ SUMMARY The applicant, James Madsen, is requesting a variance on behalf of the property owners, Scott and Janet Swedal, to construct a porch addition that encroaches into the required structural setback from a wetland buffer on the site. The city has a Comprehensive Wetland Management Plan that prescribes how much of a buffer should be maintained around a wetland. This plan is referenced in Section 10-1-11: Wetlands. The Comprehensive Wetland Management Plan calls for a minimum setback of 45 feet of any structure from a wetland. The 45 foot setback includes a minimum buffer of 15 feet and an additional 30 foot structural setback from a buffer to allow for usable yard space. The 15 foot buffer is the minimum buffer permitted and is only used with buffer averaging. The variance request is to allow a porch addition that is located 22 feet from the edge of the wetland. Staff is recommending approval of the request. Applicant: James Madsen Property Owners: Scott and Janet Swedal Location: 12375 Coffee Trail Area in Acres: 4.39 Comp. Guide Plan Designation: RR-Rural Residential Current Zoning: RR-Rural Residential BACKGROUND The wetland ordinance in the City Code states that utilization and development impacts to wetlands shall be consistent with the city's comprehensive wetland management plan. The plan states that an average buffer of 30 feet must be maintained around all wetlands. The Comprehensive Wetland Management Plan describes a process to allow for a buffer width of less than 30 feet if that reduction is made up for in other areas around the wetland. The minimum buffer, if buffer averaging is used, is 15 feet. In addition to the buffer, the comprehensive wetland management plan also requires structures to be set back at least 30 feet from any buffer to maintain usable yard space. This requirement was added to the Comprehensive Wetland Management Plan in 2005. Therefore, the minimum structural setback is 45 feet from the edge of the wetland, so long as the wetland buffer is an average of 30 feet. The applicant is requesting a variance to construct a porch addition that encroaches into the required setback by 23 feet, therefore requiring a 22 foot setback variance. ISSUE ANALYSIS Variance Standards According to Section 11-12-2.G, there are five criteria for the Board of Appeals and Adjustments to review when considering a variance request. The five criteria used to assess each request along with staff’s findings for each are listed below. While weighing a variance request against these criteria, there are also two key issues to consider. The first is whether the applicant has reasonable use of their property without the variance. The second is whether the project can be redesigned to eliminate or reduce the need for a variance. The Board of Zoning Appeals must approve or deny each request based on findings related to each of the five standards. 1. The variance request is in harmony with the purposes and intent of the ordinance. Finding: Staff finds the request in harmony with the ordinance. The intent of the additional structural setback is to prevent the impact of new developments on wetlands by requiring a developer to include usable yard space between a structure and the wetland buffer to prevent mowing of natural vegetation around the wetland. The site is large, and the areas maintained as lawn are located elsewhere on the property. The property owner has maintained a naturally vegetated buffer around the wetland. 2. The variance is consistent with the comprehensive plan. Finding: Staff finds the request is consistent with the comprehensive plan. The purpose of the Rural Residential land use designation is to provide housing while maintaining significant areas of wetlands and woodlands. The porch addition is proposed to be located where a patio currently exists. The porch addition will not encroach into the actual wetland buffer and the natural landscape as it currently exists on the site will be maintained. 3. Granting of the variance allows reasonable use of the property. Finding: The variance allows the property owner continued enjoyment of the natural features on their property without disturbing the wetland. 4. There are unique circumstances to the property which are not created by the landowner. Finding: At the time the home was built on the property, there was no requirement for an additional structural setback from the wetland buffer. It was only after the Comprehensive Wetland Management Plan was amended that such a requirement was imposed. 5. Granting of the variance does not alter the essential character of the locality. Finding: The essential character of the locality will not be altered by granting of the variance. RECOMMENDATION Staff is recommending approval of the variance request by the Board of Appeals. Resolution BA2017- 1 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION BA2017-02 A RESOLUTION APPROVING A VARIANCE FROM THE WETLAND ORDINANCE BUFFER AND STRUCTURE SETBACK REQUIREMENTS FROM 45’ TO 22’ WHEREAS, James Madsen (the “Applicant”) has submitted an application to the City Rosemount (the “City”) on behalf of the property owners, Scott and Janet Swedal, 12375 Coffee Trail, for a variance from the Wetland Ordinance buffer and structure setback requirements from 45’ to 22’ to construct a porch addition ; and WHEREAS, notice has been published, mailed and posted pursuant to the Rosemount Zoning Ordinance, Section 11-12-2; and WHEREAS, the Rosemount Board of Appeals and Adjustments held a public hearing and considered said on said matter on May 23, 2017; and NOW, THEREFORE, based on the testimony elicited and information received, the Rosemount Board of Appeals and Adjustments makes the following: FINDINGS 1. That the procedures for obtaining said Variance are found in the Rosemount Zoning Ordinance, Section 11-12-2. 2. That all the submission requirements of said Section 11-12-2 have been met by the Applicant. 3. That the proposed variance will allow the construction of an addition to an existing house at 12375 Coffee Trail that is a legal non-conforming building because it encroaches upon the structural setback required by the Wetland Ordinance. 4. That the Variance will be located on property legally described as follows: Lot 2, Block 1, Oak Ridge Estates 5. The variance request is in harmony with the purposes and intent of the ordinance. Finding : Staff finds the request in harmony with the ordinance. The intent of the additional structural setback is to prevent the impact of new developments on wetlands by requiring a developer to include usable yard space between a structure and the wetland buffer to prevent mowing of natural vegetation around the wetland. The site is Resolution BA2017- 2 large, and the areas maintained as lawn are located elsewhere on the property. The property owner has maintained a naturally vegetated buffer around the wetland. 6. The variance is consistent with the comprehensive plan. Finding : Staff finds the request is consistent with the comprehensive plan. The purpose of the Rural Residential land use designation is to provide housing while maintaining significant areas of wetlands and woodlands. The porch addition is proposed to be located where a patio currently exists. The porch addition will not encroach into the actual wetland buffer and the natural landscape as it currently exists on the site will be maintained. 7. Granting of the variance allows reasonable use of the property. Finding : The variance allows the property owner continued enjoyment of the natural features on their property without disturbing the wetland. 8. There are unique circumstances to the property which are not created by the landowner. Finding : At the time the home was built on the property, there was no requirement for an additional structural setback from the wetland buffer. It was only after the Comprehensive Wetland Management Plan was amended that such a requirement was imposed. 9. Granting of the variance does not alter the essential character of the locality. Finding : The essential character of the locality will not be altered by granting of the variance. CONCLUSIONS AND DECISION Based on the foregoing, the Applicant’s application for a Variance is granted. Passed and duly adopted this 23th day of May 2017 by the Board of Appeals and Adjustments of the City of Rosemount, Minnesota. __________________________________ Melissa Kenninger, Chair ATTEST: ________________________________ Stacy Bodsberg, Planning & Personnel Secretary