Site Information

Property Owner:         Stacy Pahl

Location:                     8707 Boiling Springs Lane

Current Zoning:          Rural Residential (RR) Zone

Lot Size:                      2.5 Acres

Introduction

Michael Pahl, applicant, and Stacy Pahl, property owner of residence located at 8707 Boiling Springs LN, have made application for a Variance of Materials Standards and an Overheight Accessory Structure in the Rural Residential Zone.

Discussion

Mr. Pahl is requesting to build a 7,624 square foot garage made out of 29 ga galvanized steel. Mr. Pahl is requesting the accessory structure be 21 feet high. The code allows for accessory structures in the Rural Residential (RR) Zone to be 15 feet high, so his request is for a variance of 6 feet. Mr. Pahl would like to park his 12 foot 8 inch motor home inside, and it requires a 14 foot door. He has also stated that he would like to have an indoor basketball court inside the structure to allow his children to practice indoors in the winter. Additionally, he included a request to allow metal siding on this structure, which is not listed as a permitted material.  The City Code regulations for materials are listed below:

Section 151.108 (A) (4)   Major exterior materials prohibited. Unadorned pre-stressed concrete panels, whether smooth or raked; non-decorative concrete block; sheet metal; corrugated metal; or unfinished metal (except copper or other metal specifically engineered for exterior architectural use, shall not be used as exterior materials. This restriction shall apply to all principal structures and to all accessory buildings except those accessory buildings not visible from any property line. No more than 25% of any exterior wall on a building shall be wood or metal accent material.

Additionally, the City Code regulations for accessory structures located within the Rural Residential Zone are as follow:

Section 151.007 (B) Accessory structures.

(2)   Size.

         (a)   Except in the Agricultural Preservation (AG) Zone, no accessory structure shall exceed the height of the principal building or 15 feet in a residential zone, whichever is less. In the Low-Density Residential (R-1A), Urban Residential (R-1B), Old Shakopee Residential (R-1C), Medium-Density Residential (R-2), and Multiple-family Residential (R-3) Zones, no accessory building shall exceed 10% of the lot area or exceed 75% of the square footage of the footprint of the principal dwelling, whichever is less.

         (b)   A conditional use permit is required to exceed the above size requirements in the Old Shakopee Residential (R-1C) Zone. A variance procedure is applicable in all other districts.

      (3)   Front yard setback. Each accessory structure shall be setback at least as far as the principal building on the lot. In the Agricultural Preservation (AG) and Rural Residential (RR) Zones, no accessory structure may be located closer to the front lot line than the principal buildings or 200 feet, whichever is less.

      (4)   Side and rear yard setbacks.

         (a)   An accessory structure shall be setback a minimum of 5 feet from the side or rear lot line.

The Rural Residential Zone does not regulate the number of accessory structures on a property; rather, it regulates total lot coverage (30% maximum allowed).  This site is approx. 2.5 acres in size, which would allow approx. .73 acres of structures and hard surfaced area (patios, sidewalks, driveways, etc.).  This site is in compliance with the City requirements for lot coverage and appears to be in compliance with the 5-foot min. side yard setback.  Verification of that requirement should occur with the building permit inspections process. 

The property owner/applicant has requested the use of galvanized metal wall paneled siding, with a height proposed at 21 feet, where 15 feet is the maximum allowed without Variance approval.  The definition of height in the City Code is the vertical distance between the ground and one-half the distance between the lowest eave and the highest gable on a pitched roof. For new construction, the ground level shall be the original or pre-construction average ground elevation adjoining the structure’s footprint.

Although the property Mr. Pahl is applying for this Variance on is zoned as residential, it appears as though the property’s use through time has become more industrialized. This is also true of the properties adjacent to the proposed site to the west. These properties do not have a Conditional Use Permit to use their properties for anything outside of a permitted use.

Planning staff also did send out Mr. Hurst’s application to other departments for review. In addition to the memo from the Engineering Department that is attached, staff received the following responses:

Dave Kriesel, City of Shakopee Building Official, denied the request with the comment, “not a commercial property”.

Tom Pitschneider, City of Shakopee Fire Marshal, commented, “ Verify the use of this proposed structure. Is this for use by the property owner only or will space in the building be used by others to store items or property? This property appears to be in use as a commercial site at the present time based on the materials currently located on the site.
Structure would require a fire sprinkler system per MN Building Code Chapter 1306. This section applies to buildings classified as Group S storage that are 2,000 or more gross sq. ft. of floor area or with three or more stories in height. 
MN Fire Code 507.5.1 - Where a portion of a facility or building hereafter constructed or moved into or within the jurisdiction is more than 300 feet from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the faculty of building, on-site fire hydrants and mains shall be provided where required by the fire code official.”

Dave Guenther with Scott County Environmental Health commented, “Property owner must have a compliance inspection done on their septic system before our department will sign off on the building permit. Also, If there is any increase in water usage, we will need to review that as well before we will approve the permit.”

Variance Findings:

Criterion 1

The strict enforcement of the ordinance provisions would cause practical difficulties because of circumstances unique to the individual property under consideration.  Practical difficulties mean the following:

1.A.     The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance:

Finding 1.A.    The property owner proposes to use the property in a manner not permitted by the zoning ordinance. The ordinance has established language that allows property owners to construct accessory structures on their property, with height, area, setback and materials standards, within certain parameters. Rural Residential property owners are afforded regulations that allow larger structures than one may find in the urban residential subdivisions. This application pertains to a request for a structure that far exceeds the height regulation, and varies from the material standards, which one may view as unreasonable in this particular case.    

1.B.      The plight of the landowner is due to circumstances unique to the property;

Finding 1.B.  The circumstances of this project are not unique to the property.  The property owner desires the ability to construct another accessory structure that would be made out of galvanized steel.  Staff believes the property owner could construct another structure in compliance with the height regulations of the City Code, and there are no known unique circumstances that would prohibit that construction. 

1.C.     The circumstances were not created by the landowner;

Finding 1.C.   The circumstances were created by the landowner’s desire to have a taller accessory structure than code allows made out of galvanized steel, a less expensive building material.

1.D.     The variance, if granted, will not alter the essential character of the locality; and

Finding 1.D.    Staff believe that the variances requested would alter the character of the locality. Though this property is adjacent to an industrial zone, it is zoned as residential, and is in a residential area. A structure this tall and large that is built out of galvanized steel would alter the character of the neighborhood’s residential use. Also, staff has a concern that the storage facility may be part of an expansion of a use that violates city code. There are a number of large trailers being stored on this site that would indicate the possibility it is being used commercially.

1.E.      The problems extend beyond economic considerations.  Economic considerations do not constitute a practical difficulty if reasonable use for the property exists under the terms of the ordinance.

Finding 1.E.    The request for the materials variance is economic in nature. The structure is not offered in another material from the post frame company that it will be coming from, and another type of material for the siding would cost substantially more. The height variance is not economic in nature, but instead has to do with logistics of storing a motor home, and housing an indoor basketball court. 

Criterion 2

It has been demonstrated that a variance as requested will be in keeping with the spirit and intent of the Zoning Ordinance.

Finding 2         The proposed variances would not be in keeping with the spirit and intent of Chapter 151, and allowing a structure to be 6 feet over height would be setting a significant precedent for future applications.

Criterion 3

The request is not for a use variance.

Finding 3         The requests are not a use variance. 

Criterion 4

Conditions to be imposed by the Board of Adjustment and Appeals will insure compliance to protect the adjacent properties.

Finding 4         (Not applicable since the recommendation is for denial.)

Criterion 5

Variances in the flood plain overlay zone also shall meet the following criteria:

Finding 5         (Not applicable since this property is not within the flood plain overlay zone.)