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4.2 BASR 07-25-2017Request for Action ver To Item Number Board of Adjustments 4.2 Agenda Section Meeting Date Prepared by Public Hearing July 25, 2017 Chris Leeseberg, Senior Planner Item Description Reviewed by Emmanuel Lutheran Church /John Norgren —1506 Zack Carlton, Planning Manager Main Street ■ Variance to exceed the maximum allowable Reviewed by impervious surface area; and, variance to allow existing structures to remain in the Elk River /Lake Orono Drainage District, Case No. V 17 -04 Action Requested Approve, by motion, the impervious surface variance for the following reasons: 1. The general purpose and intent of the ordinance are met. 2. The property has a land use designation of residential and the use is consistent with the comprehensive plan. 3. The proposed use is reasonable and is permitted in the zoning ordinance. 4. The plight of the petitioner is due to circumstances unique to the property not a consequence of the petitioners own action or inaction. 5. The variance will not alter the essential character of the locality. and with the following conditions: 1. Approval of the Simple Plat, Emmanuel Lutheran Church Addition. 2. Lot 2, Block 1, Emmanuel Lutheran Church Addition, shall be allowed to construct an accessory structure that meets ordinance requirements. 3. With the exception of an accessory structure on Lot 2, Block 1, Emmanuel Lutheran Church Addition, no additional impervious surfacing shall be created on the subject parcels. 4. The applicant shall work with city staff on the placement, size, and number of rain gardens. The garden(s) shall be installed by August 31, 2018. Background /Discussion The subject parcels (Property) are located at 1506 Main Street, zoned R1 -c Single Family Residential, and are collectively 1.71 acres in size. The church has been in existence since 1948. Half of the Property is located within the city's Shoreland Management Area which allows a maximum of 25% impervious surfacing and approximately one acre (59 %) of the Property is covered with impervious surfaces. I 2Is A The applicant is seeking a variance to exceed the allowed amount of impervious surfacing by 34% for the Property. Assuming approval of the Simple Plat (P 17 -11), this will result in two variances, one for each parcel. The applicant has applied for a Simple Plat (P 17 -11) to combine four parcels into two parcels. This will remove the various property lines that exist over the church campus and allow the church to construct an accessory structure for general storage. The plat will place the church and its accessory uses on one parcel and the parsonage and its accessory uses on the second parcel. The majority of the Property currently contains impervious surfaces, including the church, parsonage, garage, sidewalks, and large parking areas, which exceeds the required 25% maximum hardcover for parcels within the Shoreland District. This area of Elk River is approximately 35' above ordinary high water for the Elk River and stormwater management has not been an issue in the past for this site. The city's Environmental Coordinator has reviewed this request and is supportive of an additional accessory structure and the variances, but recommends requiring rain gardens in the parking lot as a condition of the variance to help with stormwater management. Applicable Regulation (The applicant's responses are italicized with staffs notes after.) Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria described below. The variance is: 1. Is in harmony with the general purpose and intent of the ordinance, and Wle feel the variances would be in barmony witb the general pitipose and intent of the ordinances due to no cbanges are being made to impact the surrounding parcels or roadways. No additional drainage is being created to impact the Drainage District. The intent of the Shoreland Management Area is to reduce the amount of impervious surface on properties near lakes and rivers to limit the contributing of pollutants to public waters. The subject parcels are on the edge of this area, with approximately half of the Property being outside of area. The Property already exceeds the impervious surface limit, and has for many years. Due to the distance from and the height above the Elk River, the general purpose and intent of the ordinance are met. 2. Is consistent with the City of Elk River comprehensive plan. ile feel that the proposed "Simple Plat" would be complying witb the City of Elk Diver's comprebensive plan. ire are reducing the number of lots of record from 4 to 2. The property is guided for residential uses where institutional uses (churches) are allowed. The City of Elk River's vision includes recognition of the area's natural beauty and seeks to promote clean air and water and blend the built and natural environments. Because this is an existing build environmental, requiring rain garden(s) will be a measure to improving water quality from the site. The request is consistent with the comprehensive plan. Variances may be granted when the petitioner establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties means that: N: \Departments \Community Development \Planning \Case Files \V\V 17 -04 John Norgren \4 -Board of Adjustments \V 17 -04 sr PC 7- 25- 17.docx 3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; The petitioner purposes to continue using the parcels in question in the same manner it has since 1948. The dculty has come about due to ordinance changes over the years, and the establishment of the Drainage District ordinance. IYIe feel we have been complying with over theyears. The petitioner continues to use the Property in a reasonable manner, as it has since 1948. 4. The plight of the petitioner is due to circumstances unique to the property not a consequence of the petition's own action or inaction; and The plight of the petitioner is due to ordinance changes over theyears and the establishment of a Drainage Distfict. In both cases the church property has been able to function with no known impact on the comprehensive land use ordinances or the Drainage District ordinance. The plight is due to circumstances unique to the property. The Property has been developed into its current uses and has operated without issues prior to newer shoreland management regulations. 5. The variance, if granted, will not alter the essential character of the locality. The only changes to the essential character of the locality will be administratively; going from 4 parcels of record to 2, which we feel is a plus. The new proposed outbuilding is directly behind the church. It will be located where the preschool playground is located. It will have no impact on the surrounding properties, due to it sits in the center of the church property. With the exception of the construction of a future accessory building, the property is not changing. The variance will not alter the essential character of the locality. Financial Impact None Council Meeting If denied, or an appeal is made by any interested party by August 4, 2017, this item will go to the August 21, 2017, City Council meeting. Attachments • Location Map • Applicants Narrative • Shoreland Map • Environmental Coordinator Memo dated July 17, 201 N: \Departments \Community Development \Planning \Case Files \V\V 17 -04 John Norgren \4 -Board of Adjustments \V 17 -04 sr PC 7- 25- 17.docx M c� cu 41 w EL ad CD t. O z f'43 u Emmanuel Lutheran Church Guiding Hands Preschool 1546 Main Street NW Elk River, Minnesota 55330 Rev. Terry Grzybowski, Pastor Mrs. Cheryl Heidinger, Director/Teacher Church (763) 441 -2555 Fax (763) 633 -9670 email: emmantuther@nsa " To: City of Elk River Board of Adjustment 3ON 19 2W From: John N. Norgren — Trustee, Emmanuel Lutheran Church Requesting: Two variances; 1 — Variance to exceed 23% non - pervious surfaces on two parcels. 2 — To allow structures in the Elk River /Lake Orono Drainage District 1" Variance; To allow the existing church, parsonage and garage to exceed the ordinance 23% non - pervious surface on the two proposed parcels in the replat. Emmanuel Lutheran Church was built in 1948. At that time the parsonage and garage were also built. The city at that time considered the parsonage and garage as outbuildings to the church. The church council would like to split off the parsonage and garage from the church building, thereby creating a new parcel for the parsonage and garage. This would make the new parcel available to be sold off. We are in the process of replatting the entire church property into a "simple plat, "thereby reducing the 4 existing lots of record to two. The one lot would have the parsonage and garage. The second would have the church and the proposed outbuilding along with the entire parking lot. The church parcel does exceed the 23% non - pervious surface. However, we do have a storm sewer system for the entire parking lot. The church parcel does exceed the 23% non - pervious surface. However, we do have a storm sewer system for the entire parking lot. No water runs off onto Main St. or 50 St. NW, on the back. 2 °d Variance; To allow the existing buildings and one proposed out building to exist in the Elk River /Lake Orono Drainage District. They have been there since 1948, with no problems for the Drainage District; due to the parcel is approximately 35 feet above normal river flow. There is no storm water runoff to Main St. Questions to be answered for the variance in question; B -1: We feel the variances would be in harmony with the general purpose and intent of the ordinances due to no changes are being made to impact the surrounding parcels or roadways. No additional drainage is being created to impact the Drainage District. B -2: We feel that the proposed "Simple Plat" would be complying with the City of Elk River's comprehensive plan. We are reducing the number of lots of record from 4 to 2. C -1: The petitioner purposes to continue using the parcels in question in the same manner it has since 1948. The difficulty has come about due to ordinance changes over the years, and the establishment of the Drainage District ordinance. We feel we have been complying with over the years. C -2: The plight of the petitioner is due to ordinance changes over the years and the establishment of a Drainage District. In both cases the church property has been able to function with no known impact on the comprehensive land use ordinances or the Drainage District ordinance. C -3: The only changes to the essential character of the locality will be administratively; going from 4 parcels of record to 2, which we feel is a plus. The new proposed outbuilding is directly behind the church. It will be located where the preschool playground is located. It will have no impact on the surrounding properties, due to it sits in the center of the church property. The members of Emmanuel Lutheran Church are greatly appreciative to any positive consideration given to granting the two variances. Respectfully, John N. Norgren Emmanuel Lutheran Church Trustee a -i9 -fT Liver To: From: Date: Subject: Memorandum Planning Department Amanda Bednar, Environmental Coordinator July 17, 2017 V 17 -04 Emanuel Lutheran Church Emanuel Lutheran Church is applying for two variances and replatting the entire church property which is currently numerous parcels. Some of these parcels are within the city's Shoreland Management area and others are not. The majority of the existing parcels are existing hardcover including the church, parsonage, garage and large parking lots. These areas are currently already over the required 25% maximum hardcover for parcels within the Shoreland District. This area of Elk River is approximately 35' above ordinary high water for the river and stormwater management has not been an issue in the past for this site. I am in support of allowing the property to exceed the shoreland requirement of only 25% hardcover as the existing parking lot is already exceeding that amount. The planned additions would not significantly change runoff from this site or significantly increase hardcover for the site. I would recommend requiring rain gardens in the parking lots as a condition of the variance to help with stormwater management.