STAFF REPORT - Amazon Web Services...2a and 2b, and the following: A. Lots must not be occupied by...

S:\2. BOA-PAC\2019\5. May 23rd\5. BOA\1. 09-0103-000 Jacobson Variance\3. Staff Report\5-23-19_BOA_Jacobson_Variance_Staff_Report.docx

VAR#19037 PID#09-0103-000

STAFF REPORT

Applicant Information Applicant: Gregg Jacobson

Application: Variance to allow an existing cabin (greater than 250 square feet) to remain as a guest house with kitchen facilities in a Shoreland-General Development zoning district where a 250 square feet guest house without kitchen facilities is the standard per section 10.8 of the Pope County Land Use Controls Ordinance.

Location: Lot 2 and that part of Lot 3, Subdivision of Government Lot 3, Section 26, Township 125 (Glenwood), Range 38, Pope County, Minnesota.


VAR#19037 PID#09-0103-000

Background The applicant is requesting consideration to allow for the continued location and use of an existing nonconforming structure subsequent to the construction of a primary residential structure on the parcel. The applicant will be seeking a permit to construct a primary residential structure on this parcel. Once the new construction is undertaken, the existing structure will be deemed a guest house. The dimensions of the guest house will exceed the standards as prescribed in section 10.8. The owners are seeking consideration from the Board of Adjustment that will allow for the them to be able to keep and maintain the existing structure as is. An approval of the request as submitted would result in a guest house that is approximately 1250 square feet in size (including porch areas), complete with kitchen and bathroom facilities. Our records indicate that the dimensions for the original cabin structure were approximately 24 feet x 36 feet (864 square feet). The following permitted improvements to the original structure have taken place:

• 1991 Septic system • 1992 Entryway and bathroom addition (160 square feet) • 1993 Screened porch area (224 square feet)

Applicable Statutes

• This application is subject to the criteria and procedures as prescribed in Section 11.6 Variance From Standards of the Pope County Land Use Controls Ordinance.

• Specific standards of use and development for parcels located in the Shoreland-General Development (S-GD) zoning district are referenced in the Pope County Land Use Controls Ordinance section 4.2

• Specific standards for Guest Houses are referenced in the Pope County Land Use Controls Ordinance section 10.8

• Mn Rules 6120.3200 Subp. 2A, 2B, and 2C

Subp. 2. Residential lot size. All single, duplex, triplex, and quad residential lots created after the date of enactment of the local shoreland controls must meet or exceed the dimensions presented in subparts 2a and 2b, and the following: A. Lots must not be occupied by any more dwelling units than indicated in subparts 2a and 2b. Residential subdivisions with dwelling unit densities exceeding those in the tables in subparts 2a and 2b can only be allowed if designed and approved as residential planned unit developments under part 6120.3800. Only land above the ordinary high water level of public waters can be used to meet lot area standards, and lot width standards must be met at both the ordinary high water level and at the building line. The sewer lot area dimensions in subpart 2a, items D to F can only be used if publicly owned sewer system service is available to the property.

https://www.revisor.mn.gov/rules/6120.3800


VAR#19037 PID#09-0103-000

B. ……. C. One guest cottage may be allowed in local controls on lots meeting or exceeding the duplex dimensions presented in subparts 2a and 2b if the controls also require all of the following standards to be met:

(1) For lots exceeding the minimum lot dimensions of duplex lots, the guest cottage must be located within the smallest duplex-sized lot that could be created including the principal dwelling unit. (2) A guest cottage must not cover more than 700 square feet of land surface and must not exceed 15 feet in height. (3) A guest cottage must be located or designed to reduce its visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, color, or other means acceptable to the local unit of government, assuming summer leaf-on conditions.

Staff Comments Staff offers the following comments for consideration:

Based on Minnesota Statute 394.27 subd. 7: A variance may be granted if enforcement of the zoning ordinance as applied to a particular piece of property would cause the landowner “practical difficulties.” There is a Three Factor Test for establishing practical difficulties. If the applicant does not satisfy all three factors of the test, then the variance should not be granted.

1. Reasonableness

The first factor is that the property owner proposes to use the property in a reasonable manner. This factor means that the landowner would like to use the property in a particular reasonable way but cannot do so under the rules of the ordinance. It does not mean that the land cannot be put to any reasonable use whatsoever without the variance. For example, this variance application is a request to keep an existing structure, that does not meet minimum dimensional standards, for future use as a guest house/cabin. The questions to be considered are: is it reasonable to have a guest cabin and it reasonable to allow for it to remain regardless of its existing dimensions?

2. Uniqueness

The second factor is that the landowner’s problem is due to circumstances unique to the property not caused by the landowner. The uniqueness generally relates to the physical characteristics of the particular piece of property, that is, to the land and not personal characteristics or preferences of the landowner. When considering the variance for a structure to encroach or intrude into a setback, the focus of this factor is whether there is anything physically unique about the particular piece of property, such as sloping topography or other natural features like wetlands or trees that prevent the structure from being located in compliance. In this


VAR#19037 PID#09-0103-000

case, there is nothing unusual or limiting about the property that causes the need for a variance, but rather the fact that the dimensional standards of the existing structure exceed those as specified in the land use ordinance.

3. Essential Character

The third factor is that the variance, if granted, will not alter the essential character of the locality. Under this factor, consider whether the resulting structure will be out of scale, out of place, or otherwise inconsistent with the surrounding area. For example, when thinking about this variance which relates to keeping an existing structure onsite, how will the use of the property including the new residential structure combined with the guest cabin look in relationship to others in the neighborhood, and if that fits in with the character of the area.

Staff Recommendation Having reviewed and considered the application, local ordinances, state statutes, and all comments received, staff does not object to the issuance of a variance in this case provided that:

• access to the site is via Selnes Road; and

• no new improved access be developed off of CSAH 17 (South Lakeshore Drive); and

• no expansion or reconstruction of the original cabin may be permitted; and

• the property (including the cabin structure) may not be subdivided and sold separately; and

• the screened porch be reduced in size to 8 feet x 14 feet (upon completion of new residential structure).

Staff Findings The Staff proposes the following findings of fact for consideration by the Board of Adjustment:

1. Variance request consistent with purposes and intent of the official controls and the comprehensive plan: The Minnesota DNR Shoreland Rules Ch 6120 as well as the Pope County Land Use Controls Ordinance regulate the size and location of structures in shoreland designated areas. The purpose of the requirements is to neighborhood character and aesthetics as well as for the protection of surface water resources and personal property. This proposal will not cause personal property loss nor create a negative visual impact.

2. Use of property/structure is a reasonable use: A Guest House is a permissible use in Shoreland zoned districts.

3. Character of locality and detriment to neighboring properties: Granting the variance will not change the character of the locality or be a detriment to the neighboring properties. The neighborhood will remain primarily as residential and seasonal/recreational in use.


VAR#19037 PID#09-0103-000

4. Plight of the landowner is due to circumstances unique to the property and not self-created: The circumstances contributing to the need for the variance include that the property owner wishes to construct a new compliant residential structure and seeks to keep the existing cabin for functional and sentimental reasons.


VAR#19037 PID#09-0103-000

REPORT APPENDIX

• Routing Sheet (Comments, concerns and conditions)

• Public Notice

• Supplemental Information

Attachment 1: Variance Application with Narrative (Jacobson, April 2019)

Attachment 2: Certificate of Survey, Site Plan (Nyberg Surveying, 18 April 2019)

Attachment 3: Site Photos (Land & Resource Management Staff, May 2019)


VAR#19037 PID#09-0103-000

Routing Sheet Comments, Concerns and Conditions

Agency MN DNR No Comments Received. SWCD-Pope No Comments Received. County Department Assessor COMMENTS: None PROPOSED CONDITIONS: None Attorney No Comments Received. E911/IT No Comments Received. Engineer COMMENTS: The existing cabin is in close proximity to the highway right-of-way for CSAH

17 (South Lakeshore Drive). Neither the location of the cabin nor the size are concerns for the Highway Department relative to the future maintenance or construction of the highway. However, future road work could result in impacts to the subject property such as removal of trees or alteration of driveways/access points. PROPOSED CONDITIONS: The primary access for this parcel is off Selnes Road. A secondary access point is off CSAH 17. The Highway Department proposes that as a condition of the variance that access be provided solely off Selnes Road and that at such time improvements are made to CSAH 17, no driveway access point is constructed onto CSAH 17 from this property. This will increase safety on CSAH 17 by eliminating an access point where vehicles may need to back onto or off the highway in rural residential traffic.

Recorder COMMENTS: Please see MN Statute 507.093 Standards for documents to be recorded or filed for recording of documents in the Recorder’s office. Our office shows per document #217152; which can be found in our Laredo real property search program that the current owner of parcel 09-0103-000 is Mary K Jacobson.

Township Glenwood No Comments Received. Other Comments Received No Comments Received.


VAR#19037 PID#09-0103-000

Public Notice

POPE COUNTY LAND & RESOURCE MANAGEMENT

POPE COUNTY COURTHOUSE 130 E. MINNESOTA AVENUE, SUITE 113

GLENWOOD, MINNESOTA 56334 (320) 634-7791

POPE COUNTY BOARD OF ADJUSTMENT NOTICE OF PUBLIC HEARING FOR

VARIANCE REQUEST

Notice is hereby given that a Public Hearing will be held in the Community Room of the Pope County Courthouse, 130 East Minnesota Ave, Glenwood, MN 56334 at 6:00 pm or shortly thereafter on Thursday, May 23rd, 2019, where the Pope County Board of Adjustment will consider a variance request per Pope County Land Use Ordinance sec. 11.6.

Description of Request: Variance hearing on the application by Gregg Jacobson, if granted would allow an existing cabin (greater than 250 sq ft) to remain as a guest house with kitchen facilities in a Shoreland-General Development zoning district where a 250 sq ft guest house without kitchen facilities is the standard per section 10.8 of the Pope County Land Use Controls Ordinance.

Legal Description/Site Location: Lot 2 and that part of Lot 3, Subdivision of Government Lot 3, Section 26,

Township 125 (Glenwood), Range 38, Pope County, Minnesota.

Dated: May 3, 2019 By: Jessica Hill

Land Use Specialist Land & Resource Management


VAR#19037 Supplemental Information PID#09-0103-000

Supplemental Information

Supplemental Information Attachment 1:

Variance Application with Narrative (Jacobson, April 2019)




Certificate of Survey, Site Plan (Nyberg Surveying, 18 April 2019)




Site Photos (Land & Resource Management Staff, May 2019)

Site Photos – VAR#19037 PID#09-0103-000 Jacobson

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