Memorandum

To  approve the Residential Design Review request for the new construction of a home at the property located at 450 Horseshoe Drive West subject to the following conditions:

1. The project must be completed in accordance with the plans submitted as part of the Residential Design Review application. Any significant changes to these plans, other than the detached garage, as determined by city staff, will require review and approval by the Planning Commission.
2. A building permit must be obtained before any construction activity begins. 
3. A Tree Removal and Replacement plan shall be submitted at the time of the building permit application. A tree replacement escrow shall be paid prior to issuance of a grading or building permit. 
4. This approval will expire after one year if a building permit has not been issued and construction commenced.
5. A Mitigation Affidavit shall be executed prior to the issuance of a building permit for the new residence.
6. This approval is subject to a 5-day appeal period.

The approval is based on the following finding:

1. The proposal complies with the adopted standards for construction on a substandard riparian lot. 

The applicant, TJB Homes, has submitted a residential design review application for the construction of a new home at the property located at 450 Horseshoe Drive West. The application proposes the demolition of the existing house on the property, and construction of a new 3,016 square foot single-family house, which includes an 837 square foot attached garage. The property is a considered a substandard riparian lot located in the R1 District, on Lake Owasso. It is substandard because it does not meet the dimensional width standard for riparian properties. 

The proposed construction plans necessitate the following land use considerations:

1. Residential Design Review for a new home construction on a substandard riparian lot.

Site Description

The property is a riparian lot located within the R-1 Detached Residential zoning district, located on Horseshoe Drive on the north side of Lake Owasso.  The lot has an area of 18,224 square feet (.42 acres). The property contains a width less than 100 feet at the front property line (71.20 feet), which is what classifies it as substandard.

The site currently is developed with a 1,677 square foot house; the existing house on the property was constructed in 1924. The property contains an oversized nonconforming driveway, which is located immediately along the southern (side) property line, and encroaches within required 5-foot side setbacks. The site also includes two nonconforming water oriented accessory structures lake side, which include a 68 square foot shed and 145 square foot deck; where as one structure would otherwise be permitted under current shoreland standards.

The property is situated with a steep slope adjacent Lake Owasso rising 22 feet above the lakes ordinary high water line (OHW). The property contains 8 tree's located throughout the property, and a line of screening arborvitae along Horseshoe Drive. 

Project Description

The applicants propose to demolish the existing house and driveway facilities, to construct a new home on the site. The existing nonconforming water oriented accessory structures are proposed to be retained through the new house construction. The proposed house is 2-story's with a below grade basement, and 3,016 square feet in size which includes an attached 3-car garage.

Development Code Requirements

Residential Design Review for Substandard Lots

Development Code Sec 115-155(b) requires that all no structures  be expanded, constructed or reconstructed on a substandard lot of record unless design review approval is first obtained from the city in accordance with Sec 103-5. As new house construction is proposed, Planning Commission review and consideration is required. The Development Ordinance requires residential construction on substandard lots to comply with certain design standards in Section 115-155, as summarized below:

As proposed, the submitted building plans appear compliant with all required area, setback, and height and massing requirements outlined within the Shoreland Code, as applicable to substandard riparian lots.

The plans do note the addition of a future lake side deck on the rear of the home. Due to the proposed location of the house at the furthest extent permitted away from the OHW, there appears to be adequate room to pursue future deck of the deck as noted without encroachment within required setbacks. 

Shoreland Mitigation
In accordance with Sec 115-156,  a shoreland mitigation plan must be submitted for residential development that requires land use approval, including residential design review. A shoreland mitigation plan must include at least two of the following practices: establish a vegetation protection area, establish a vegetation restoration area, the use of natural color and materials on the exterior of the structures (architectural mass), removal of nonconforming structures and reduction of impervious surface coverage, or other practices such as the implementation of stormwater best management practices, as approved.

As a condition of approval, a shoreland mitigation plan must be executed prior to the issuance of a building permit. 

Agency Comment

The proposed building plans have been shared for review with partner agencies and city departments. The Ramsey-Washington Metro Watershed district provided comment on Watershed District permitting requirements, and grading/filling and freeboard restrictions within the floodplain of Lake Owasso. Based on the proposed plans, no grading or filling is proposed within the specified floodplain, and the proposed foundation exceeds freeboard requirements.

Public Comment

Property owners within 150-feet were notified of the applicant’s request. At the time of this report, no public comments have been received by staff.

The submitted plans have been reviewed in accordance with the requirements of the Shoreview Development Code. As the proposed plan meets the requirements of new construction on a substandard riparian lot, staff recommends the planning commission approve the Residential Design Review request for the new construction of a home at the property located at 450 Horseshoe Drive West subject to the following conditions:

1. The project must be completed in accordance with the plans submitted as part of the Residential Design Review application. Any significant changes to these plans, other than the detached garage, as determined by city staff, will require review and approval by the Planning Commission.
2. A building permit must be obtained before any construction activity begins. 
3. A Tree Removal and Replacement plan shall be submitted at the time of the building permit application. A tree replacement escrow shall be paid prior to issuance of a grading or building permit. 
4. This approval will expire after one year if a building permit has not been issued and construction commenced.
5.  A Mitigation Affidavit shall be executed prior to the issuance of a building permit for the new residence.
6. This approval is subject to a 5-day appeal period.

The approval is based on the following finding:

1. The proposal complies with the adopted standards for construction on a substandard riparian lot.