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4b Schilling Memorandum To: Scandia Planning Commission Neil Soltis, City Administrator Reference: Schilling Variance Application Copies To: Jerald and Nancy Schilling Project No.: 16022.012 From: Sherri Buss, RLA AICP, Planner Routing: Date: July 25, 2016 SUBJECT: Schilling Variance Application for Septic System Location MEETING DATE: August 2, 2016 LOCATION: 12700 182nd Street North APPLICANTS: Jerald and Nancy Schilling ZONING: General Rural (GR) District and Shoreland Overlay District 120-DAY PERIOD: September 30, 2016 ITEMS REVIEWED: Application and Survey received May 23 and July 11, 2016 BRIEF DESCRIPTION OF THE REQUEST: The applicants are seeking to upgrade the septic system on their property at 12700 182nd Street North by constructing a new septic drainfield and locating a potential future secondary septic system site on the parcel. Construction of the new septic system will require a variance from the required setback from wetlands on the parcel and the setback from the road right-of-way. The applicant’s parcel includes approximately 1.1 acres above the Ordinary High Water Line (OHWL). The property is located in the General Rural (GR) District and Shoreland Overlay District of Big Marine Lake, which is classified as a Recreational Development Lake. Schilling Variance Staff Report Scandia Planning Commission Page 2 August 2, 2016 DETAILED EVALUATION OF THE VARIANCE REQUEST: The applicants are requesting a variance to construct a new septic system drainfield and secondary septic area on their property. The existing structures on the property will not be changed. The applicants are constructing the new system voluntarily. The proposed locations for the new system structures are closer to existing wetlands and the road right-of-way than the setbacks required by the Shoreland Ordinance and Development Code. The applicants are proposing the locations to meet the required setback from the OHWL of Big Marine Lake and to preserve the mature trees on the site. The sections that follow discuss the criteria and rationale for granting a variance related to this application. Comprehensive Plan The Comprehensive Plan describes the General Rural District as a residential area of mixed lot sizes. The Plan states that overall density in the District should meet the Metropolitan Council requirement of no more than 1 housing unit per 10 acres, but acknowledges that there are a significant number of existing smaller parcels in the District, that areas around the lakes in Scandia that do not meet the lot size and density standard, and that this will continue. The Comprehensive Plan includes goals to protect the water resources in the City through enforcement of the City’s ordinances, including the Shoreland Overlay District ordinance. The applicants indicate that the proposed structure locations will meet the required setback from the OHWL of Big Marine Lake and will preserve many mature trees on the parcel to meet requirements and goals of the Shoreland Ordinance and Comprehensive Plan. The proposed use of the property is generally consistent with the goals of the Comprehensive Plan for the General Rural District and Shoreland Overlay District. Development Code Requirements: Lot Size and Setbacks The applicant’s lot is 1.1 acres in size and is therefore a nonconforming lot in the General Rural (GR) District and Shoreland Overlay District. The GR District permits lots of 2 acres and larger in size, and the Shoreland District requires that lots on Recreational Development lakes conform to the minimum lot size of the underlying zoning district. The required setbacks for structures (including septic systems) in the Shoreland Overlay District are the following:  Septic system setback from the OHWL: 75 feet  Side setbacks: 20 feet for lots that are more than 1.0 acres in size  Setback from the right-of-way line of a public street: 40 feet  75 feet from wetlands and other unclassified waterbodies State and county regulations require that subsurface septic systems be placed at least 10 feet from roadways right-of-way. The applicant’s proposed setbacks include the following:  Proposed septic system: o Approximately 200 feet from the OHWL Schilling Variance Staff Report Scandia Planning Commission Page 3 August 2, 2016 o Approximately 50 feet from the nearest side lot line o 10 feet from the roadway right-of-way o Approximately 30 feet from the nearest wetland  Proposed secondary septic system o Approximately 120 feet from the OHWL o Approximately 20 feet from the nearest side lot line o Approximately 70 feet from the roadway right-of-way o Approximately 20 feet from the nearest wetland The proposed septic system locations require a variance from the required wetland setbacks and setback from the roadway right-of-way. Accessory Structures The number and sizes of accessory structures will not be changed to construct the proposed septic system. Lot Coverage The Development Code permits up to 25% lot coverage on the area above the OHWL in the Shoreland Overlay District. The Planner calculated that the existing coverage on the parcel is approximately 5% of its area, based on the survey submitted. The construction of the new septic system will not change the lot coverage. The parcel will meet the coverage requirement with the proposed new construction. Building Height No new buildings are included in the application. Driveway Access There is an existing parking area that provides access to the parcel from 182nd Street North. The proposed septic system will not change the parcel access. Wastewater Treatment The Planner sent a copy of the application to Pete Ganzel, Washington County Health Department, for review and comment. Pete Ganzel provided comments in an email dated July 21. Pete stated that “The Schillings haven’t submitted an application for the installation permit. I have reviewed the site plan and with the variance I see no problems in issuing the permit.” Pete noted that Minnesota Rule 7080.2150 requires that septic tanks be setback a minimum of 10 feet from the roadway, and that this requirement is included in the County’s ordinance. The Planner included conditions that the applicants obtain the required septic system permit from Washington County and that the septic system setback from the roadway right-of-way must be at least ten (10) feet. Schilling Variance Staff Report Scandia Planning Commission Page 4 August 2, 2016 Stormwater Management The Planner sent the application to the Carnelian-Marine-St. Croix Watershed District (CMSCWD) for review and comment. Jim Shaver, the District Administrator, commented in an email that “The Watershed District will provide a letter in favor of this variance as to preserve existing wetlands and maintain the maximum possible setback from Big Marine Lake.” The Planner has added a proposed condition that the applicants shall obtain any necessary Watershed District permits for the project. Vegetation Management The Shoreland Ordinance permits the removal of trees for construction when a building permit is approved. The Zoning Ordinance does not require tree replacement for single-family residential projects in residential zoning districts. The proposed septic system location will minimize the loss of mature trees on the parcel. The existing tree locations near the septic system are identified on the survey. DNR Comments The Planner sent the application to the DNR for review and comment. DNR staff submitted no comments on the variance application. CRITERIA FOR VARIANCES AND FINDINGS Chapter 1, Section 6.0 of the Development Code and Minnesota Statutes 462.357 include the criteria and required process for granting variance requests. Variances may only be granted when the terms of the variance are consistent with the Comprehensive Plan and in harmony with the general purpose and intent of the development code. The other variance criteria include: 1. The applicant proposes to use the property in a reasonable manner not permitted by the Development Code. 2. The plight of the landowner is due to circumstances unique to the property not created by the landowner. 3. The variance, if granted, will not alter the essential character of the locality. 4. Economic conditions alone shall not constitute practical difficulties. 5. The proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. 6. The required variance is the minimum action required to eliminate the practical difficulty. 7. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Applicant’s Rationale for the Variance The applicants noted the following in their rationale for the variance request: Schilling Variance Staff Report Scandia Planning Commission Page 5 August 2, 2016  The applicants are requesting the variance due to the location of wetlands on the site near the areas where soils are suitable for septic drainfields.  They have also proposed the location to avoid cutting down mature trees.  The location will also meet the required setbacks from Big Marine Lake and adjacent parcels. Findings The following bullets present the Planner’s findings related to the Ryans’ request for a variance, based on the statutory criteria for granting a variance. Each of the criteria is shown in italics:  Variances shall only be permitted when they are in harmony with the general purposes and intent of the official control. The Comprehensive Plan and Development Code support single-family residential uses in the General Rural District and Shoreland Overlay District. The Plan and Code support protection of water resources including Big Marine Lake. Septic systems are required for single-family residential uses. The applicants are proposing to upgrade the current system, which will benefit the lake. Granting the variance will maintain the required setback from the OHWL of the lake, which is a higher priority than the wetland and roadway setbacks. The proposed location will also preserve mature trees on the parcel, which is consistent with goals in the Shoreland District. The request is in harmony with the general purposes and intent of the official controls.  The property owner proposes to use the property in a reasonable manner under the conditions allowed by official control(s). Single-family residences are permitted, and therefore reasonable, uses in the General Rural District and Shoreland Overlay District. Septic systems are required to support the use on the parcel. The proposed use is reasonable under the conditions allowed by the Development Code.  The practical difficulties are not caused by the landowner, and are unique to the property. The practical difficulties are created by the limited locations available for the septic system drainfield and secondary septic system area due to the required setback from the OHWL and the location of the existing home, garage and other structures on the parcel. The practical difficulties are not caused by the current landowner, and are unique to the property.  The variance would not alter the essential character of the area. Other properties in the area include single-family homes and septic systems. The new system will not be visible after construction is complete. The proposed location of the new system will maintain existing mature trees, which are part of the character of the area. Granting the variance would not alter the essential character of the area. Schilling Variance Staff Report Scandia Planning Commission Page 6 August 2, 2016  Economic conditions alone shall not constitute practical difficulties. The practical difficulties are related to the required setback from the OHWL of Big Marine Lake, and the location of existing structures and wetlands on the parcel that limit the potential sites for the septic system. The practical difficulties are not only economic in nature.  The proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. The proposed variance will not impair the supply of light or air to adjacent properties, and replacement of the existing home with a new single-family home will not increase congestion, endanger the public, or substantially diminish or impair property values in the neighborhood.  The required variance is the minimum action required to eliminate the practical difficulty. The required variance is the minimum action required to eliminate the practical difficulty. The proposed location of the septic system and secondary system meet the required setback from the OHWL, and are set as far as possible form the wetlands and roadway right-of-way given the location of existing buildings and structures on the site.  Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. The variance is not related to a need for direct sunlight for solar energy systems. ACTION REQUESTED: The Planning Commission should receive public comments at the hearing on August 2. The Planning Commission should discuss the variance request, and can recommend the following: 1. Approval 2. Approval with conditions 3. Denial with findings 4. Table the request PLANNING STAFF RECOMMENDATIONS: The Planner recommends that the Planning Commission recommend approval of a Variance to permit construction of a new septic system drainfield on the parcel at 12700 182nd Street a minimum of 10 feet from the roadway right-of-way, and a minimum of 30 feet from the nearest wetland boundary. The variance permits the location of the secondary septic system a minimum of 20 feet from the side property boundary and a minimum of 20 feet from the nearest wetland. The Planner recommends the following conditions for the variance: Schilling Variance Staff Report Scandia Planning Commission Page 7 August 2, 2016 1. Development of the property shall be consistent with the plans submitted to the City on July 11, 2016. 2. The applicants shall obtain a building permit from the City. 3. The applicants shall obtain any required Watershed District permit. 4. The applicants shall obtain the required septic system permit from Washington County. 5. The septic system shall be setback a minimum of ten (10) feet from the roadway right-of- way. 6. The Applicant shall pay all fees and escrows associated with this application. CITY OF SCANDIA, MINNESOTA PC RESOLUTION NO. 08-02-16-02 APPROVING A VARIANCE FOR 12700 182ND AVENUE NORTH WHEREAS, Jerald and Nancy Schilling have made an application for a Variance from the setback requirements from wetlands and the roadway right-of-way to construct a new subsurface septic system on the property at 12700 182nd Avenue North; and WHEREAS, the property is legally described as follows: THAT PART OF MAPLE ST AS DEDICATED IN REC PLAT OF BIG LAKE VIEW 3RD ADD LYING ELY OF SLY PROJECTION OF NWLY LINE OF LOT 2 OF SD BIG LAKE VIEW 3RD ADD LYING WLY OF SLY PROJECTION OF ELY LINE OF SD LOT 2 & LYING NELY OF LINE DRAWN 33FT NELY OF & PAR & CONCENTRIC WITH FOLL DESC LINE COM AT NW COR OF LOT 3 BLK 1 OF REC PLAT OF HARDWOOD HILLS THN N88DEG47'24''E PLAT BEARING ALONG N LINE OF HARDWOOD HILLS DIST OF 250FT TO PT OF BEG OF LINE TO BE DESC AT ANG PT IN SD N LINE THN N81DEG01'17''W 183.61FT THN NWLY 302.34FT ALONG TANG CURVE CONCAVE TO NE HAVING RADIUS OF 265.14FT & CTR ANG OF 65DEG20' THN N15DEG41'17''W TANG TO SD CURVE 145FT & SD LINE THERE TERM THAT PART OF GOVT LOT 5 S33T32R20 LYING SLY OF SLY LINE OF MAPLE ST AS DEDICATED IN REC PLAT OF BIG LAKE VIEW 3RD ADD LYING WLY OF SLY PROJECTION OF ELY LINE OF LOT 2 OF SD BIG LAKE VIEW 3RD ADD & LYING NELY OF LINE DRAWN 33FT NELY OF & PAR & CONCENTRIC WITH FOLL DESC LINE COM AT NW COR OF LOT 3 BLK 1 OF REC PLAT OF HARDWOOD HILLS THN N88DEG47'24''E PLAT BEARING ALONG N LINE OF HARDWOOD HILLS DIST OF 250FT TO PT OF BEG OF LINE TO BE DESC AT AN ANG PT IN SD N LINE THN N81DEG01'17''W 183.61FT THN NWLY 302.34FT ALONG TANG CURVE CONCAVE TO NE HAVING RADIUS OF 265.14FT & CTR ANG OF 65DEG20' THN N15DEG41'17''W TANG TO SD CURVE 145FT & SD LINE THERE TERM SUBDIVISIONNAME BIG LAKE VIEW 3RD ADD LOT 2 SUBDIVISIONCD 91087 ; AND WHEREAS, the Planning Commission reviewed the request for the Variance at a duly noticed Public Hearing on August 2, 2016, and NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does recommend approval of a Variance to permit construction of a subsurface septic system a minimum of 10 feet from the roadway right-of-way of 182nd Street and a minimum 30 feet from the nearest wetland boundary on the property at 12700 182nd Street North, based on the following findings: 1. The request is in harmony with the general purposes and intent of the official controls. The Comprehensive Plan and Development Code support single-family residential uses in the General Rural District and Shoreland Overlay District. The Plan and ordinance support protection of water resources including Big Marine Lake. Septic systems are required for single-family residential uses. The applicants are proposing to upgrade the current septic system, which will benefit the lake. Granting the variance will maintain the required setback from the OHWL of the lake, which is a higher priority than the Resolution No.: 08-02-16-02 Page 2 of 3 wetland and roadway setbacks. The proposed location will also preserve mature trees on the parcel, which is consistent with the goals in the Shoreland District. 2. The proposed use is reasonable under the conditions allowed by the Development Code. Single-family residences accessory structures are reasonable uses in the General Rural District and Shoreland Overlay District. Septic systems are required to support this use on the parcel. 3. The practical difficulties are unique to the property and were not created by the applicant. The practical difficulties are created by the limited locations available for the septic system drainfield and secondary septic system area due to the required setback form the OHWL and the location of the existing home, garage, and other structures on the parcel. 4. Granting the variance would not alter the essential character of the area. The new system will not be visible after construction is complete. The proposed location of the new system will maintain existing mature trees, which are part of the character of the area. 5. The practical difficulties are not only economic in nature. The practical difficulties are related to the location of existing structures and wetlands on the parcel that limit the potential sites for the septic system outside the required setback from the OHWL of Big Marine Lake. 6. The replacement of the existing single-family home with a similar home will not impair the supply of light or air to adjacent properties. It will not increase congestion, endanger the public, or substantially diminish or impair property values in the neighborhood. 7. Granting the requested variance is the minimum action required to eliminate the practical difficulty. The proposed location of the septic system and secondary system meet the required setback from the OHWL, and are set as far as possible form the wetlands and roadway right-of-way given the location of existing buildings and structures on the site. 8. The variance is not related to a need for direct sunlight for solar energy systems. FURTHER BE IT RESOLVED, that the following conditions of approval shall be met: 1. Development of the property shall be consistent with the plans submitted to the City on July 11, 2016. 2. The applicants shall obtain a building permit from the City. 3. The applicants shall obtain any required Watershed District permit. 4. The applicants shall obtain the required septic system permit from Washington County. 5. The septic system shall be setback a minimum of ten (10) feet from the roadway right-of- way. Resolution No.: 08-02-16-02 Page 3 of 3 6. The Applicant shall pay all fees and escrows associated with this application. Adopted by the Scandia Planning Commission this 2nd day of August, 2016. ______________________________ Christine Maefsky, Chair ATTEST: _________________________________ Neil Soltis, Administrator/Clerk