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6261 Galpin Variance Staff Report - Draft Only Project: Setback Variance Request (Planning Case 2024-18) Planning Commission Review Date: November 4, 2024 60 Day Action Deadline: December 2, 2024 Drafted By: Rachel Arsenault, Associate Planner Staff Report Date: October 28, 2024 SUMMARY OF REQUEST: The applicant is requesting a variance from Article 20-XXVIII Bluff Protection, they are proposing an addition to their single-family home. STAFF RECOMMENDATION: Staff recommends approval of the requested variance. / LOCATION: 6261 Galpin Boulevard, Excelsior, MN 55331 (Subject Property) APPLICANT & OWNER: Chris Campbell CURRENT ZONING: Residential Single-Family (RSF) 2040 LAND USE PLAN: Residential Low Density ACREAGE: 6.05 Acres LEVEL OF CITY DISCRETION IN DECISION-MAKING: The city’s discretion in approving or denying a variance is limited to whether the proposed project meets the standards in the zoning ordinance for a variance. The city has a moderate level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi-judicial decision. Notice of this public hearing has been mailed to all property owners within 500 feet. PROPOSAL/SUMMARY The applicant is requesting a variance from Section 20-1401 Structure Setbacks and Section 20-1403 Removal or Alteration of Vegetation, which requires structures to be set back from the bluff 30 feet and limits alteration of vegetation within a bluff impact zone. The applicant is proposing an addition that contains a garage, workshop, and home office. APPLICABLE REGULATIONS Chapter 20, Division 3, Variances. Chapter 20, Article 20-XXVIII Bluff Protection. Chapter 20, Article 20-VI Wetland Protection. Chapter 20, Article 20-XII “RSF” Single-Family Residential District. CONTEXT PHOTOS BACKGROUND The house at 6261 Galpin Boulevard was built in 1986 into the bluff on the property. This property is heavily encumbered by bluffs and wetlands, roughly 95% of the property is covered by the natural features and their corresponding setbacks and buffers. The space that is unencumbered is a small portion of the house, driveway, and front yard, creating a narrow linear area to build, roughly 62 feet wide and 16 feet deep at the deepest point.  The proposed location of the addition would impact three trees on the bluff. The yard area of the property is natural prairie, reestablished by the current owner to protect the natural features of the property.  ZONING OVERVIEW To begin, bluffs are delineated by the following characteristics. The slope rises at least 25 feet above the toe of the bluff. The grade of the slope from the toe of the bluff to a point 25 feet or more above the toe of the bluff averages 30 percent or greater. An area with an average slope of less than 18 percent over a distance for 50 feet or more shall not be considered part of the bluff. The applicant has provided a survey including the topography, with the bluff delineated using the definition mentioned above. From the delineated bluff line there is a required setback of 30 feet for the addition at the toe of the bluff. City code outlines an exception for additions to structures built prior to June 1, 1991, however, this only applies to the setback from the top of a bluff. The proposed addition encroaches on the toe of the bluff; therefore, the exception does not apply. Next, it is important to mention the wetland regulations on the property, as they greatly affect the buildable area on the property in addition to the bluffs. The wetland on the property roughly follows the 968-foot topographical line on the survey and is classified as a Manage 2 wetland. This type of wetland requires a 20-foot permanent buffer strip with over 50% native vegetation, and a 30-foot principal structure setback from the buffer. This is a lot of record, so the property owner may establish a buffer in exchange for a decreased structure setback, with the reestablishment of the native plants by the owner the buffer is 100% native vegetation. The proposed addition will not encroach into the wetland setbacks or buffers. However, the wetlands are important to consider in this case because the bluff area on the west side of the proposed addition directly abuts, or overlaps in some areas, the wetland buffer and setbacks. This significantly limits the buildable area of the property. ANALYSIS “Variances shall only be permitted when they are in harmony with the general purposes and intent of this chapter and when the variances are consistent with the comprehensive plan.” The requested variance fulfills the intent of this chapter and is consistent with the comprehensive plan. “When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems.” The requested variance is due to practical difficulty of the current house being built into the bluff, expansion or change of the structure is reasonable as a property owner and in this instance is not allowed by the code. “That the purpose of the variation is not based upon economic considerations alone.” The purpose of the variance is not based upon economic considerations alone. “The plight of the landowner is due to circumstances unique to the property not created by the landowner.” The home was built in 1986 by a previous owner of the property. The dwelling is restricted by the bluff and wetland on the property. “The variance, if granted, will not alter the essential character of the locality.” The applicant is proposing an addition in character with the current primary structure. “Variances shall be granted for earth-sheltered construction as defined in M.S. § 216C.06, subd. 14, when in harmony with this chapter.” This is not applicable to the request. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion and the adoption of the attached findings of fact and action, subject to the conditions stated below. CONDITIONS Building plans must provide sufficient information to verify that proposed building meets all requirements of the Minnesota State Building Code, additional comments or requirements may be required after plan review. A building permit must be obtained before beginning any construction. Retaining walls (if present) more than four feet high, measured from the bottom of the footing to the top of the wall, must be designed by a professional engineer and a building permit must be obtained prior to construction. Retaining walls (if present) under four feet in height require a zoning permit. Shall obtain all other required permits and adhere to regulations from other agencies, such as Minnehaha Creek Watershed District. Provide a grading sheet to show how grading from the new structure will tie into the bluff. Install silt fence around the improvements and other BMPs as necessary. No construction stagging on the bluff or the wetland. Add the edge of the tree canopy line to the building plans. Tree protection fencing should be placed outside of the dripline of trees that are intended to be preserved.