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Variance – 1201 County Rd E Gem Lake City Council 9/17/24 September 11, 2024 Page 3 EVALUATION OF REQUEST Institutional Overlay Zone The City’s Consolidated Land Use Ordinance (Ord. No. 131) covers the requirements for the Institutional Overlay Zone in Section 15. The WBMS property is the only property in the city within this overlay zone. Section 15.5.4 lists the setback requirements for accessory structures within the overlay zone – the front setback requirement is 100 feet, while the side and rear setback requirement is 50 feet. Principal structures (such as the school) are required to have a setback of 50 feet from all lot lines. Apart from the setback of the shed, the shed and the site itself meets the other zoning requirements of the city. Applicant’s Narrative The narrative submitted by the applicant’s contractor includes a rationale for the request (refer to pages one and two of this report), and identifies the following ‘impact criteria' in consideration of their variance request: 1. Adjacent uses – Within Gem Lake city boundaries to the east along County Rd E East and to the north along Labore Rd, the property borders two single family home properties. Both properties are screened from the school property by dense brush and tree foliage. In addition, both adjacent properties (along with other nearby properties along the roadways) also maintain accessory structures along their right -of-way frontages at approximately 30-foot setbacks. 2. Air and water quality – The project team does not consider the shed to have impacts on air and water quality. Locating the shed outside of the setback would require additional pavement and would harm water quality. 3. Traffic generation – The shed at its as-built location allows space for 2 additional parking stalls [compared to a setback-compliant location]. These two stalls decrease the number of visitors needing to park at the office center across Labore Rd from the school property. 4. Public safety and health – The garbage dumpsters and property maintenance equipment were previously housed in a dilapidated shed just to the north and east of the as -built shed. The previously existing building was in danger of collapse. The new building provides a much safer enclosure than previously provided. 5. Area aesthetics – The as-built shed is clad in materials similar in aesthetics to the school building and new addition. Existing, mature pine trees provide partial screening of the shed from the roadway. 6. Economic impact on the entire area – The project team does not consider there to be an economic impact on the area. 7. Consistency with the comprehensive plan – The project team considers the as-built shed in consistency with the surrounding neighborhood and other accessory structure setbacks at adjacent properties. Based on aerial images of the surrounding area, there are two properties to the north along Labore Road and two to the east along County Road E that have detached accessory structures less than 50 feet from the property lines along each road. These lots are zoned ‘RX’ (Residential Executive), which requires a 40-foot setback from the front lot line. These neighboring lots had their accessory structures built prior to the city adopting Ord. No. 131. Variance Criteria Practical Difficulties, as outlined per Ord. No. 131, Section 17.4.1 are listed below in bold, with the Planning Commission’s findings following. • The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance. Accessory structures, such as the as-built shed, are permitted under the ordinance in the Institutional Overlay zone. This criterion appears to be met.