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7.b 1 SchillingVarianceCouncil 8.16.16 Memorandum To: Scandia City Council 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: August 8, 2016 SUBJECT: Schilling Variance Application for Septic System Location MEETING DATE: August 16, 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. 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 City Council Page 2 August 16, 2016 DETAILED EVALUATION OF THE VARIANCE REQUEST: The applicants are requesting a variance to construct a new septic system drainfield on their property. The applicants also identified a “secondary septic area” on the survey. They stated that this location was not intended as the back-up area, but as a potential second location for the primary drainfield. The new system will require a secondary area as a back -up to meet County requirements. 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 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 septic system 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. Schilling Variance Staff Report Scandia City Council Page 3 August 16, 2016 The applicant’s proposed setbacks include the following:  Proposed septic system: o Approximately 200 feet from the OHWL 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 location: 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 setback s 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 driveway 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 systems and tanks be setback a minimum of 10 feet from the roadway, and that this requirement is included in the County’s ordinance. Schilling Variance Staff Report Scandia City Council Page 4 August 16, 2016 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. 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 W atershed 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 uses in residential zoning districts. The proposed primary 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. Schilling Variance Staff Report Scandia City Council Page 5 August 16, 2016 Applicant’s Rationale for the Variance The applicants noted the following in their rationale for the variance request:  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 primary 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 Schillings’ 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 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 Schilling Variance Staff Report Scandia City Council Page 6 August 16, 2016 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.  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, or 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. PLANNING COMMISSION PUBLIC HEARING AND RECOMMENDATION The Planning Commission held a public hearing on the Schillings’ request at their meeting on August 2. The Commission received no written or verbal comments on the variance request. The Commission noted that the City’s ordinance requires that septic systems be setback at least 40 feet from the roadway right-of-way, while the County’s ordinance requires only a 10-foot setback. In the past, the County required the wider setback as well, and the City’s ordinance was consistent with the County requirement. The City’s setback requirement has not been changed to match the County’s current requirement. The wetland setbacks are a City requirement. ACTION REQUESTED: The City Council can recommend the following: 1. Approval 2. Approval with conditions Schilling Variance Staff Report Scandia City Council Page 7 August 16, 2016 3. Denial with findings 4. Table the request PLANNING COMMISSION RECOMMENDATIONS: The Planning Commission recommends that the City Council approve 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 Planner recommends the following conditions for the variance: 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.