Agenda - Planning Commission - 10/09/2014

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Regular Planning Commission 5. 2. Meeting Date: 10/09/2014 By: Chris Anderson, Community Development Information Title: PUBLIC HEARING: Consider Request for a Variance to the Setback from the Ordinary High Water Mark of the Rum River for the Property Located at 15825 Juniper Ridge Dr NW; Case of Gary and Sandra Steinke Purpose/Background: The City has received an application for a Variance from Gary and Sandra Steinke (the "Applicants") to construct a detached accessory building that would encroach on the required setback from the Ordinary High Water Mark (OHWM) of the Rum River on the property located at 15 825 Juniper Ridge Dr NW (the "Property"). The Property is adjacent to the Rum River and is within the Scenic River Land Use District and therefore, in addition to the general standards for detached accessory buildings, is also subject to the standards found in City Code Section 117-256 (District Provisions) related to the Scenic River Land Use District. Notification: Staff attempted to notify all Property Owners within a 350 foot radius of the Property of the Public Hearing via Standard US Mail. The Public Hearing was also published in the City's official newsletter, the Anoka County Union Herald. Observations/Alternatives: The Property is zoned R-1 Residential (MUSA) and is approximately 0.92 acres in size. The Property is surrounded by parcels of a similar size and within the same zoning district. Note that while the Zoning Map identifies the Property as being in the urban area, the State Statute enacting the Scenic River regulations identifies this area as rural and thus the rural area bulk standards within Section 117-256 (District Provisions) apply, including an OHWM setback of 150 feet. The Applicants are proposing to construct a 936 square foot detached accessory building (the "Building") on the Property. The Building would be approximately 130 feet from the OHWM of the Rum River, which encroaches into the required setback by about twenty (20) feet. The Building would be located well beyond the required bluff line setback as well. Additionally, it is worth noting that proposed Building location would be further from the OHWM of the Rum River than the home, which, in 1987, was granted a variance to allow a reduced river setback of 110 feet. Finally, there is a significant grade difference between the water surface and the proposed location of the Building of about twenty (20) to twenty-five (25) feet, and there is also significant existing vegetation that would make it rather unlikely the Building would be visible from the river. The proposed Building would comply with all general standards within City Code Section 117-349 (Accessory Uses and Buildings) including allowable square footage, height, exterior finish, and also would comply with the standard required setbacks for the R-1 Residential (MUSA) district. The Applicants are proposing to install an asphalt driveway to service the the proposed Building as required by City Code. However, the Property already has a horseshoe style driveway creating two access points to the street. Properties within the R-1 Residential (MUSA) district are limited to a single access with the exception of corner lots, which are permitted one (1) access per street frontage. But, when the home was originally constructed, the property was zoned R-1R Rural Residential, which did not specify a limit to the number of allowable access points. Due to the location of the septic system, the Applicants are not able to extend their existing driveway to service the proposed Building. Staff is supportive of the third access point and has included a term within the proposed