Agenda - Planning Commission - 02/24/2022

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Regular Planning Commission Meeting Date: 02/24/2022 Submitted For: Chris Anderson, Community Development By: Brian McCann, Community Development 6. 1. Information Title: PUBLIC HEARING: Consider Request for a Variance to Setbacks from the Ordinary High Watermark of the Rum River for the Construction of a Detached Accessory Building at 5280 161st Ave NW (Project No. 22-103); Case of Mark Rice Purpose/Background: The City has received an application from Mark Rice (the "Applicant") for a variance to construct a detached accessory building within the required Ordinary High Watermark (OHW) setback from the Rum River at 5280 161st Ave NW (the "Subject Property"). The proposed accessory building (the "Building") would be thirty-six feet (36') deep by thirty-six feet (36') wide. The Applicant has also submitted an application for an Easement Vacation and Minor Plat related to this request for review by the City Council on February 22, 2022. Notification: Staff attempted to notify all Property Owners within 350 feet of the Subject Property, as listed in the Anoka County records, via Standard US Mail of the Public Hearing, and published a notice in the Anoka Union Herald as well. Observations/Alternatives: Summary The Subject Property is 4.89 acres in size and is located within the R-1 Residential (Rural Developing) zoning district. The surrounding properties to the west are also zoned R-1 Residential (Rural Developing) and range in size from about 2.5 acres to about 3.3 acres. The property to the south, which is part of the Boy Scout Camp, is zoned Public/Quasi-Public and is approximately 45 acres in size. The Rum River is to the north and east of the Subject Property. The Subject Property is located within the Scenic River Protection Overlay District (the "Overlay District"), which has more stringent standards than the R-1 Residential (Rural Developing) zoning district. The intent of the Overlay District is to protect and preserve the natural, recreational, and scenic values of the river, including the views from the river. Within the Overlay District, buildings are to be setback from the OHW at least 150 feet. A Scenic Easement also exists on the Subject Property, which a portion of the Building would encroach into with authorization from the City Council. The home on the Subject Property appears to meet the required setback from the OHW. The Subject Property actually consists of two separate parcels, legally described as Lots 11 and 12, Block 6 Barthels Rum River 2nd Addition. The two lots have not been legally combined, thus, each lot presently is considered lawful, non -conforming related to lot size (minimum lot size for riparian lots is 4 acres). The proposed Minor Plat and Easement Vacation would create a legally conforming lot and vacate existing drainage and utility easements, with new drainage and utility easements dedicated with the Final Plat (see Plat attachment). The proposed Building would be located slightly northwest of the existing garage, sharing a close proximity with the cul-de-sac. The northwest corner of the Building would be located approximately 120 feet from the OHW of the Rum River (purpose of this request) and roughly ten (10) feet from where the land starts to slope toward the river. The Applicant has noted that their septic system is southwest to the home, eliminating that area from consideration. Additionally, there is a ditch running alongside the northern section of the property separating the river from the