The URL can be used to link to this page

7.b)1) TKDA Memo-Bever Variance Application . � �'l .b> >� aaa c�ao�sa�c,s�te,5oo Saint Paul,A�155101 � 651.292.4400 � ., dcda.com � ... TKDA Memorandum To: Scandia City Council Reference: Bever Variance Application, Kristina Handt, City City of Scandia Administrator Copies To: Dan and Shirley Bever, Applicants Ed Elkin, Septic System Project No.: 15253.018 Designer From: Sherri Buss, RLA AICP, Routing: Planner Date: August 13, 2013 SUBJECT: Bever Variance Application MEETING DATE: August 20, 2013 LOCATION: 12610 - 182"d Street North Scandia, Minnesota APPLICANTS: Daniel and Shirley Bever ZONING: General Rural District and Shoreland Zone 60-DAY PERIOD: September 1, 2013 ITEMS REVIEWED: Application and Plan received July 3, 2013 and revised plans Received July 27, 2013 BRIEF DESCRIPTION OF THE REQUEST: The applicants are seeking to locate three new septic tanks on their property on Big Marine Lake. The proposed locations for the septic tanks are within the required setback for sewage treatment systems from the lake. The applicants are proposing that their tanks be connected to a discharge pipe that would be located within the vacated 182"d Street North. The discharge pipe would also serve the property to the south, and connect to a common drainfield. The applicants' parcel includes 0.53 acres. The property is located in the General Rural (GR) District and within the Shoreland Zone of Big Marine Lake, a Recreational Development Lake. An employee owned company promoting affirmative action and equal opportunity Bever Variance Staff Report Scandia City Council Page 2 August 20,2013 DETAILED EVALUATION OF THE VARIANCE REQUEST: Background and Description of Proposed System and Recommended Modifications The existing septic tanks that serve the Bevers and an adjacent property to the south (Lepinskis) were mistakenly installed so that they are partially on a neighboring property to the west. The letter from Ed Eklin (dated April 9, 2013), the designer of the proposed system, indicates that the Bevers and Lepinskis could not reach an agreement with the neighbor to leave the existing tanks in place, and are therefore seeking to relocate the tanks to serve their properties. The potential locations available for the tanks on the Bevers' parcel are limited, due to the small size of the lot and the location of the existing home, well, and driveway. The applicants and their neighbor to the south, AI Lepinski, originally proposed a common system to serve both properties in the application that was submitted to the City. This system would have included a shared tank on the Lepinski's property. The City's Public Works Director, Tim Kieffer, recommended that the shared system not be approved, consistent with City decisions on other septic systems. Tim recommended that the Bevers connect to the forcemain pipe directly, and not to the Lepinski's tank. City staff required that the proposed system be redesigned so that the tanks are separate. Ed Eklin submitted the revised plan for the system based on the staff recommendations on July 27. His letter describing the system and the revised plan are attached. The Public Works Director provided a final recommendation regarding the July 27 plan: the discharge pipe should be located below the frost line due to the elevation change in the middle of the pipe. The applicants or their contractor should verify the location of the pipe. The plans show the three proposed tanks on the Bever parcel, the forcemain pipe that is located within the vacated 182"d Street area, and the proposed tanks to be located on the Lepinski property. There is an existing easement that the Bevers believe grants the Bevers, Lepinski's and two other property owners the right to have infrastructure within the former roadway area. The easements were granted when the City vacated the roadway. The proposed tanks on the Lepinski parcel are not part of this application. The tanks may require a variance from the side yard setback requirement if the northern tank is not at least 10 feet from the property line. Staff have informed the Lepinskis that they would need to apply for a variance if the tanks need to be located within the setback area. Comprehensive Plan The Comprehensive Plan indicates that the General Rural District includes areas of mixed lot sizes, and will continue to do so. Single-family residential uses are supported in the GR District, and septic systems are necessary to support this use. The plan recommends that the General Rural Area be developed at a maximum density of four dwelling units per 40 acres, with a minimum allowed lot size of 2 acres, but acknowledges that many non-conforming lots will continue to exist in lakeshore areas. The Shoreland Overlay District also permits single-family residences and septic systems. The City's Comprehensive Plan and Shoreland Overlay District include goals and policies to protect the City's water resources. The required septic system �,, , ,. 1 . Bever Variance Staff Report Scandia City Council Page 3 August 20,2013 setbacks are based on those goals and policies, and Washington County Health Department requirements. The proposed use of the propertv is qenerallv consistent with the aeneral qoals of the Comprehensive Plan for the General Rural District and Shoreland Overlav District to allow sinale-familv residential uses in the Districts. The Citv's Enaineer has proposed conditions to protect Biq Marine Lake if the variance is qranted. Deve/opment Code Requirements: Lot Size and Setbacks The applicants' lot includes 0.53 acres. The General Rural District requires a minimum lot size of 2.0 acres, and the Shoreland Overlay District requires that existing lots on Recreational Development lakes meet the lot size requirements of the underlying district. The lot is therefore a nonconforminq lot. The required setbacks in the Shoreland Overlay District for Big Marine Lake (a Recreational Development Lake) include the following: • Right-of-Way Line of a Public Street: 40 feet • Side: 10 feet • Sewage Treatment System setback from the Ordinary High Water Level (OHWL): 75 feet Other setback requirements pertaining to septic systems include the following: • 50-foot setback from any well • 10-foot setback from any buried water pipe • 10-foot setback from occupied structures • 5-foot setback from non-occupied structures • 10-foot minimum setback from property lines (or the required structure setback in the zoning district) • 10-foot setback from swimming pools The apqlicant is proqosinq to locate the septic tanks so that the closest tank is 51 feet from the OHWL of the lake and all three tanks would be within the repuired setback from the lake, based on the revised plan. The proposed tanks therefore require a variance from the 75-foot setback from the OHWL. The proposed location of the 3 tanks on the Bevers' property meets the other setback requirements for septic systems. The Bevers may need to obtain easements for portions of the system that are not located on their property. The Planner included a condition that the Bevers obtain anv necessarv easements for elements of the septic svstem that are located outside their propertv. Accessory Structures The Development Code allows one non-agricultural accessory structure up to 720 square feet in size on lots less than 1 acre in size. The property includes one existing detached garage that is approximately 400 square feet in size. No new accessory structures are proposed with the variance application. The proposed plan meets the accessory structure requirements. 7 ,:,:. Bever Variance Staff Report Scandia City Council Page 4 August 20,2013 Lot Coverage The Shoreland District allows impervious coverage up to 25% of the area of the parcel that is above the Ordinary High Water Level (OHWL). The certificate of survey indicates that the applicants will be removing some impervious coverage on the parcel that is not shown on the survey. The impervious area shown on the survey is approximately 23% of the area above the OHWL. With the removal of those structures, the proposed lot coveraqe is within the ordinance reauirement. Building Height No new buildings are proposed. Wastewater Treatment The proposed septic tanks will replace the existing tanks that serve the property. The Planner provided a copy of the application and plans to Ryan Goodman, the City Engineer, and to Pete Ganzel at the Washington County Health Department for review. The City Engineer provided comments and recommended conditions for both the preliminary and revised plan for the septic system. The City Engineer noted concerns related to granting a variance that would allow the septic tanks to be closer to the lake than is allowed in the Shoreland Overlay District, because the purpose for the larger setback is to minimize the risk of any sewage overflow or leakage from the tank reaching the lake. The Enqineer recommended the followinq conditions, which the Planner included in the proposed draft conditions for approval of the variance: • The City should require high water alarms on all of the septic tanks with audible alarms and lights. The alarm floats should be mounted at the crown of the outlet pipe to each tank, so the homeowner knows that the tank level is surging and can take action to minimize the risk of sewage backup or overFlow. • The property owner should complete a vacuum test of the tanks after installation and backfill are completed. The test should ensure that the system is watertight after installation and that no leaks are present. The applicants or the system installer shall provide the results of the test to the City. • The property owner shall pump the tanks at least every three years, and submit a report from the pumper to the City. • The plans should be revised to utilize a method other than hay to insulate the drainfield. Hay can be blown away in the wind or pushed away with snow plowing operations, and loses its ability to insulate when fully saturated with melted snow or rain. The applicants will need to obtain a permit for the new septic svstem tanks from Washinqton County• Pete Ganzel of the County Health Department noted that he has received a permit application for the proposed system. He indicated that the City's recommendation for the separate systems and the City Engineer's proposed conditions are reasonable, and can be included in the permit requirements, along with any additional conditions that the City approves for the variance. Stormwater Management and Land A/teration 1 .��.� Bever Variance Staff Report Scandia City Council Page 5 August 20,2013 No alteration is proposed in the grades on the site. The Planner sent the application to the Carnelian-Marine Watershed District and the Minnesota DNR for review and comment. The conditions require that the applicants obtain any required qermits from the District. The City's ordinance requires that the applicants obtain a land alteration and grading permit if 1,000 square feet or more of land area will be disturbed for installation of the new septic tanks. The applicant should obtain the land alteration qermit if the land disturbance exceeds 1.000 square feet. Landscape P/an No landscape plan is required for the installation of the septic tanks. CRITERIA FOR VARIANCES AND FINDINGS Chapter 1, Section 6.0 of the Development Code includes the criteria and required process for considering 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. The applicant is requesting a variance from the Shoreland Overlay District regulations to place three septic tanks within the required structure setback from Big Marine Lake. The required setback for septic systems is 75 feet. The applicants are proposing to locate the tanks approximately 51 feet from the OHWL. The applicanYs variance rationale is that the proposed location is the only potential location due to the small size of the parcel, location of the existing buildings, driveway and well, and requirements for separation between the septic tanks, buildings and well. Findings y , '`�_ 1 ��: _ _ Bever Variance Staff Report Scandia City Council Page 6 August 20,2013 The following bullets present the Planner's findings related to the Bevers' 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 supports single-family residential uses in the General Rural District and Shoreland District. Septic systems are necessary for residential uses. The proposed use is in harmony with the general purposes and intent of the Comprehensive Plan. The Comprehensive Plan and Shoreland Overlay District include goals, policies and standards to protect the quality of Big Marine Lake. The required septic system setback exists to minimize the risk of sewage overflow or leakage from the tanks to the lake. The proposed conditions for the variance include requirements for alarms, a vacuum test of the installed tanks, and regular pumping to minimize the potential risks to the lake due to the reduced setback for the proposed tanks. • The property owner proposes to use the property in a reasonable manner under the conditions allowed by official control(s). Single Family Residences and accessory structures are reasonable uses in the General Rural District and Shoreland Overlay District. • The practical difficulties are not caused by the landowner, and are unique to the property. The practical difficulties associated with locating the septic tanks on the Bevers' property are caused by the mistakes made by a surveyor in locating the existing septic tanks on a neighboring property, the small size of the existing parcel, the location of the existing home, driveway and well, and the need to maintain required separation between the septic tanks, buildings and the well. The practical difficulties were not caused by the landowner and are unique to the property. • The variance would not alter the essential character of the area. The proposed tanks will not be visible, and would not alter the essential residential character of the area. • Economic conditions alone shall not constitute practical difficulties. The practical difficulties are related to the size of the existing lot, the location of the existing structures, driveway and well, and the need to maintain required separation between the tanks, buildings and well. The practical difficulties are not only economic in nature. • The proposed variance will not impair an adequate supply of light and air to adjacent prope►ty, or substantially increase the congesfion of the public streets, or increase the 1 *,:::� Bever Variance Staff Report Scandia City Council Page 7 August 20,2013 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. It 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 proposed tanks must be located at least 10 feet from structures and property boundaries, and at least 50 feet from the existing well. The proposed location is setback as far from the OHWL of Big Marine Lake as possible, while meeting the other required setbacks. The City has included conditions to protect the lake if the variance is approved. The required variance is therefore the minimum action required to eliminate the practical difficulty. • 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 DISCUSSION The Planning Commission held a public hearing on the Bevers' application at their meeting on August 8. The Commission did not receive any verbal or written comments on the application. The Bevers attended the hearing and provided additional information in response to Commissioners' questions. The Commission recommended approval of the variance with the conditions recommended by City staff. ACTION REQUESTED: The Council may take the following actions on the application for a variance: 1. Approval 2. Approval with conditions 3. Denial with findings 4. Table the request PLANNING COMMISSION RECOMMENDATIONS: The Planner Commission recommends that the City Council approve the proposed variance from the required setback from the Ordinary High Water Level (OHWL) of Big Marine Lake to allow construction of the proposed septic tanks at locations that are a minimum of 51 feet from the OHWL of Big Marine Lake. The Commission recommends the following conditions for the variance: 1. The location of the septic tanks shall be in compliance with the revised plans provided to the City on July 27, 2013. The variance allows construction of three septic tanks in the locations proposed on the applicants' property. The applicanYs surveyor shall survey 1 �.:.., Bever Variance Staff Report Scandia City Council Page 8 August 20,2013 and stake the locations of the proposed tanks for review and approval by the City's Public Works Director before construction begins. 2. The septic system discharge pipe shall be located below the frost line due to the elevation change in the middle of the pipe. The applicants or their contractor shall verify the location of the pipe, and review the information with the City's Public Works Director. 3. The applicants shall obtain easements if needed for portions of the system that are located on other parcels. 4. The applicants shall install and maintain high-water alarms on all of the septic tanks, with audible alarms and lights. The alarm floats shall be mounted at the crown of the outlet pipe to each tank, so the homeowner knows that the tank level is surging and can take action to minimize the risk of sewage backup or overflow. 5. The applicants shall complete a vacuum test of the tanks after installation and backfill are completed. The test should ensure that the system is watertight after installation and that no leaks are present. The applicants or the system installer shall provide the results of the test to the City. 6. The applicants and future property owner shall pump the tanks at least every three years, and submit a report from the pumper to the City. 7. The plans for the septic system shall be revised to utilize a method other than hay to insulate the drainfield. 8. The applicants shall obtain the required Washington County permit for the septic system, and provide a copy of the permit to the City prior to installation of the septic tanks. 9. The applicants shall obtain any required Watershed District permit for storm water management and erosion control, and provide a copy of the approved permit to the City 10. The applicants shall obtain a land alteration permit from the City if more than 1,000 square feet will be disturbed for installation of the septic tanks. 11. The applicants shall remove impervious coverage that exceeds 25% of the area above the Ordinary High Water Level before installation of the septic tanks, as indicated on the Certificate of Survey. 12. The Applicant shall pay all fees and escrows. 1 � : CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 08-06-13-01 APPROVING A VARIANCE FOR 12610 182ND STREET NORTH WHEREAS,Daniel and Shirley Bever have made an application for a Variance to allow installation of three septic tanks located a minimum of 51 feet from the Ordinary High Water Level (OHWL) of Big Marine Lake, which do not meet the required 75-foot septic system setback from the OHWL of the lake; and WHEREAS, the property is legally described as follows: Lot 13 Big Lake View 3`d Addition and that part of vacated 182"d Street adjoining said lot; and WHEREAS, the Planning Commission reviewed the request for the Variance and Conditional Use Permit at a duly noticed Public Hearing on August 6, 2013, and NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA,that it should and hereby does approve the variance to allow construction of three septic tanks a minimum of 51 feet from the OHWL of Big Marine Lake based on the following findings: 1. Granting the requested variance is in harmony with the Comprehensive Plan goals and policies for the General Rural District and Shoreland Overlay District. Single-family residential uses are allowed in those Districts, and septic systems are essential for that use. The recommended conditions include reyuirements for alarms, a vacuum test of the installed tanks, and regular pumping to minimize the potential risks to Big Marine Lake due to the reduced setback for the proposed tanks. 2. The proposed single-family residential use and septic system are a reasonable use of the property under the Development Code. 3. The practical difficulties are due to the mistakes made by the surveyor in locating the existing septic system that serves the property on an adjacent parcel, the small size of the Resolution No.: 08-20-13-01 Page 2 of 3 applicants' parcel; the location of the existing home, driveway and well; and the need to maintain the required separation between the septic tanks, buildings and the well. The practical difficulties were not caused by the landowner and are unique to the property. 4. The proposed tanks will not alter the essential character of the area. 5. The practical difficulties are not due to economic conditions alone, but are related to the size of the lot, location of existing structures, and reyuired separation between the proposed tanks and the existing home and well. 6. The proposed variance will not impair an adequate supply of light and air to adjacent properties, substantially increase the congestion of public streets, increase the danger of fire or endanger public safety or substantially diminish or impair property values in the neighborhood. 7. The requested variance is the minimum needed to eliminate the practical difficulties. The proposed tanks are setback as far as possible from the OHWL, while maintaining the required separation between the tanks,the home, and the existing well. 8. The practical difficulty was not related to inadequate access to direct sunlight for solar energy systems; and FURTHER BE IT RESOLVED that the following conditions of approval shall be met: 1. The location of the septic tanks shall be in compliance with the revised plans provided to the City on July 27, 2013. The variance allows construction of three septic tanks in the locations proposed on the applicants' property. The applicant's surveyor shall survey and stake the locations of the proposed tanks for review and approval by the City's Public Works Director before construction begins. 2. The septic system discharge pipe shall be located below the frost line due to the elevation change in the middle of the pipe. The applicants or their contractor shall verify the location of the pipe, and review the information with the City's Public Works Director. 3. The applicants shall obtain easements if needed for portions of the system that are located on other parcels. 4. The applicants shall install and maintain high-water alarms on all of the septic tanks,with audible alarms and lights. The alarm floats shall be mounted at the crown of the outlet pipe to each tank, so the homeowner knows that the tank level is surging and can take action to minimize the risk of sewage backup or overflow. 5. The applicants shall complete a vacuum test of the tanks after installation and backfill are completed. The test should ensure that the system is watertight after installation and that no leaks are present. The applicants or the system installer shall provide the results of the test to the City. Resolution No.: 08-20-13-01 Page 3 of 3 6. The applicants and future property owner shall pump the tanks at least every three years, and submit a report from the pumper to the City. 7. The plans for the septic system shall be revised to utilize a method other than hay to insulate the drainfield. 8. The applicants shall obtain the reyuired Washington County permit for the septic system, and provide a copy of the permit to the City prior to installation of the septic tanks. 9. The applicants shall obtain any required Watershed District permit for storm water management and erosion control, and provide a copy of the approved permit to the City 10. The applicants shall obtain a land alteration permit from the City if more than 1,000 syuare feet will be disturbed for installation of the septic tanks. 11. The applicants shall remove impervious coverage that exceeds 25%of the area above the Ordinary High Water Level before installation of the septic tanks, as indicated on the Certificate of Survey. 12. The Applicant shall pay all fees and escrows. Adopted by the Scandia City Council this 20th day of August, 2013. Randall Simonson, Mayor ATTEST: Kristina Handt, Administrator/Clerk a�yfMf.�M�M-rrMM�� _ , � - - , T � � � J _ -� — -- � ` �82N=ST— ,., � �- � - � � �, _ _ � ' � "' �� ' r8 N�1�3T N� ��1�,�� + . _� 1 �_ \ � � w ` i � � y . � � 1� � '� �� o �.• . .�-�� — �'� , - � 9� '' y ''� - ' , ;�9 � , Y � .� �f \ � �� D� .A � � \\ �• -�' x ov �,- : . . .,r.,� .-=� N� 1*1' " ' ' �;�++ `�, �� - -�� ,s, �`S'l � '' ' �I . . � � �yC,.- �'; �, � � � .\�' , � �� , ; �: ; � �x � , - .f� , , ; .�• i / . � •, � ; �, ,, � • � � •. , � , > +► � i / . , a . � :•:.: ., , , , „ N � �, .; , �, . � � � 1• • `�� '• ,' y ,' `', �� ; I � i � y � � � � �, � O ��, �� ii'� �s �� / . � � J �� , � , ♦ � � f � p ': O p m� z o �' , '�-,,. �. . ` r �� C N O �� '�� p � iT� C� m � // � � Q � � � J / � / / � / / i ' � /^ —�— f /'/ �t ` � �'^��J � � �� ' � �i � � � � � a — � �� ,,,. � . . �� w � � � - � � �� a � � � � � � � � � � � �� - � � � �� a � � � �� . � � � : !� . y .. � � � �� :� � } z � . .� � � . � � . �