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Variance – 1201 County Rd E Gem Lake Planning Commission 9/10/24 August 27, 2024 Page 3 100 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 Planner’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. • The plight of the landowner is due to circumstances unique to the property not created by the landowner. The narrative submitted by the applicant’s contractor notes that the request is being pursued to provide more on-site parking, and to avoid or minimize creating additional parking and stormwater retention on the property. The new as-built location would not require losing parking stalls to access the shed. The ‘shed exhibit’ submitted by the applicant appears to show space next to the parking lot that could accommodate the shed, meet setback requirements from the south lot line, and not impact parking stalls. There is nothing in the applicant’s submittal to suggest that some parking (and the shed) could not have been moved to the east side of the property to allow further expansion of the retention pond in the SW corner of the property without removing landscaping.