Agenda - Planning Commission - 06/02/2016

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Regular Planning Commission Meeting Date: 06/02/2016 Submitted For: Chris Anderson, Community Development By: Lucinda Meyers, Community Development 5. 1. Information Title: Consider a Request for a Variance from the Ordinary High Water (OHW) Line Setback, Front Lot Line Setback, and Maximum Number of Driveways Allowed at the Property Located at 14301 Neon St NW (Project #16-86); Case of Greg and Rachelle Binfet Purpose/Background: The City has received an application for a variance to the Ordinary High Water (OHW) building setback, as well as to the front lot line setback, and to the maximum number of driveways permitted. The applicant is proposing to construct a twenty-four foot by thirty foot (24' x 30'), or 720 square foot, detached accessory building on the property located at 14301 Neon St. NW (the "Subject Property"). The proposed location, as noted previously, would be within both the OHW setback and the front yard setback for accessory structures. The Subject Property is located in the southeastern quadrant of Ramsey. It is zoned R-1 Residential (MUSA) and is within the Shoreland Overlay District. Neon Street NW, a private street, services a total of five residences ranging from 0.5 to 1.5 acres in size, all of which are also zoned R-1 Residential (MUSA). The Subject Property is just over one (1) acre in size (45, 5725 square feet), and is considered irregular in shape. Two (2) of the six (6) property lines abut Ramsey Terrace Pond (east and south), two (2) more abut Neon Street NW (west), and the remaining two (2) abut residential properties (north and southwest). The topography of the parcel ranges in elevation from 871 feet to the north (near the home), down to 857.3 at the southernmost point. The unimproved area south of the residence is densely wooded and decreases in slope from Neon St. NW to the shore. The OHW line is located at an elevation of 858.1 feet, and is within the Subject Property boundary at the southern end. The water's edge is located at an elevation of 857 feet, and is outside of the Subject Property boundary. Environmental Protection Districts and the Shoreland Overlay District The Department of Natural Resources and the City have designated certain areas within the city to be critical to the ecological health of the community, region, and beyond. To ensure that these areas are protected, the City has incorporated three (3) Environmental Protection Districts into the Zoning Code and the Zoning Map. The Shoreland Overlay District, of which the Subject Property is a part, is one such area. Ramsey Terrace Pond Ramsey Terrace Pond, DNR I.D. #2-114, is one (1) of four (4) General Development Lakes within Ramsey. According to the DNR Shoreland Management Classification System, General Development Lakes usually have more than 225 acres of water per mile of shoreline and twenty-five (25) dwellings per mile of shoreline, and are more than fifteen (15) feet deep. Shoreland Standards Minnesota DNR statewide minimum shoreland standards apply to all lakes greater than twenty-five (25) acres (10 acres in municipalities) and rivers with a drainage area two square miles or greater. The Shoreland Management Act regulates all land within 1,000 feet of a lake and 300 feet of a river and its designated floodplain. Upon notification by DNR Waters, local governmental units having shorelands are required to adopt these or stricter standards into their zoning ordinances. The City has adopted the statewide minimum shoreland standards in the form of a Shoreland Overlay Zoning District. The DNR identifies the area within twenty-five (25) feet of the OHW, or Shore Impact Zone, to be the area immediately adjacent to a lake or river that is critical to preserving water quality, wildlife habitat and visual