4.a Eckman variance for wetland setbackMemorandum
To: Scandia Planning
Commission
Neil Soltis, City
Administrator
Copies To: Brena Eklund, Clerk
Reference: Eckman Variance Application
Jon Eckman and Lisa Project No.: 15744.019
Towry, applicants
From: Sherri Buss, RLA AICP, Routing:
Planner
Date: September 19, 2016
SUBJECT: Eckman Variance for Septic System Location
MEETING DATE: October 4, 2016
LOCATION: 199th Street North, Parcel 30.032.19.23.0002
APPLICANTS: Jon Eckman and Lisa Towrey
ZONING: General Rural (GR) District
60 -DAY PERIOD: November 18, 2016
ITEMS REVIEWED: Application and Survey received in 2015 and on September 16, 2016
BRIEF DESCRIPTION OF THE REQUEST:
The applicants are seeking to build a new home on a parcel on 199th Street North. The home
will require a septic system and driveway. The proposed location of the new septic system
drain fields requires a variance from the required setback from wetlands on the parcel.
The applicants' parcel includes approximately 17.2 acres. The property is located in the
General Rural (GR) District.
An employee owned company promoting affirmative action and equal opportunity
444 Cedar Street, Suite 1500
Saint Paul, MN 55101
651.292.4400
tkda.cam
TKDA
Memorandum
To: Scandia Planning
Commission
Neil Soltis, City
Administrator
Copies To: Brena Eklund, Clerk
Reference: Eckman Variance Application
Jon Eckman and Lisa Project No.: 15744.019
Towry, applicants
From: Sherri Buss, RLA AICP, Routing:
Planner
Date: September 19, 2016
SUBJECT: Eckman Variance for Septic System Location
MEETING DATE: October 4, 2016
LOCATION: 199th Street North, Parcel 30.032.19.23.0002
APPLICANTS: Jon Eckman and Lisa Towrey
ZONING: General Rural (GR) District
60 -DAY PERIOD: November 18, 2016
ITEMS REVIEWED: Application and Survey received in 2015 and on September 16, 2016
BRIEF DESCRIPTION OF THE REQUEST:
The applicants are seeking to build a new home on a parcel on 199th Street North. The home
will require a septic system and driveway. The proposed location of the new septic system
drain fields requires a variance from the required setback from wetlands on the parcel.
The applicants' parcel includes approximately 17.2 acres. The property is located in the
General Rural (GR) District.
An employee owned company promoting affirmative action and equal opportunity
Eckman Variance Staff Report
Scandia Planning Commission Page 2 October 2, 2016
DETAILED EVALUATION OF THE VARIANCE REQUEST:
The applicants are requesting a variance to construct a new septic system drain field to serve a
new home on the property. The existing parcel is vacant and includes large wetland areas that
divide the northern upland portion of the parcel where the home is proposed from another
upland area at the south end of the parcel. The northern buildable area that can access 199th
Street North is limited. The proposed locations for the new drain fields are closer to existing
wetland than the setbacks required by the Shoreland Ordinance and Development Code. The
system cannot be constructed in another location on the parcel where it could serve the
proposed home due to the soil conditions and wetland locations.
The parcel has very limited frontage on 199th Street North. The proposed driveway will cross an
adjacent parcel to access 199th Street North. The applicants need to obtain an easement or
other agreement to secure the access. A lot line adjustment could also be completed to secure
the access. They will also need to work with the City and the Carnelian -Marine St. Croix
Watershed District to identify and address potential wetland and drainage impacts of driveway
construction.
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 District was established as a rural residential area with densities no greater than 1
housing unit per 10 acres.
The proposed use of the property is generally consistent with the goals of the Comprehensive
Plan for the General Rural District.
Development Code Requirements: Lot Size and Setbacks
The applicant's lot is approximately 17.2 acres in size. The GR District permits lots of 2 acres
and larger in size, and the parcel meets this dimensional requirement. The parcel has
approximately 10 feet of frontage on 199' Street North, and does not meet the minimum
requirement for 300 feet of frontage.
The required setbacks for structures (including septic systems) in the General Rural District are
the following:
• Front setback: 40 feet
• Side setbacks: 20 feet for lots that are more than 1.0 acres in size
• Rear setback: 40 feet
• 75 feet from wetlands and other unclassified waterbodies
The proposed home location meets the setback requirements, but the septic system location
does not based on the wetland delineation that was completed on the parcel. The location is
proposed because this is the location on the site where soils would support the proposed
system. The applicant's proposed setbacks include the following:
• Proposed septic system:
7
Eckman Variance Staff Report
Scandia Planning Commission Page 3 October 2, 2016
o Approximately 40 feet from the front lot line
o Approximately 20 feet from the nearest side lot line
o Approximately 50 feet from the nearest wetland
The survey did not include the location of the secondary drain field that the County ordinance
requires. Pete Ganzel, Washington County Health Department, noted that the secondary drain
field area will be needed, and based on the soil information that the applicants provided, it will
need to be near the location of the primary drain field. Therefore, the secondary drain field is
likely to need a variance from the wetland setback.
The proposed septic system locations require a variance from the required wetland setbacks.
Accessory Structures
The applicants have proposed no accessory structures.
Lot Coverage
The Development Code permits up to 25% lot coverage in the GR District. The Planner
calculated that the proposed coverage by impervious surfaces is less than 1 % of the parcel,
based on the survey submitted. The parcel will meet the coverage requirement with the
proposed new construction.
Building Height
The applicants did not submit building plans with the application.
taller than 35 feet to meet the height requirement in the ordinance
condition that the building shall be a maximum 35 feet in height.
Driveway Access
The structure must be no
. The Planner has included a
The survey shows a proposed driveway to access 199'h Street North. The driveway crosses a
linear wetland and an adjacent parcel. The applicants have proposed a culvert where the
driveway would cross the wetland. The Planner submitted the survey and application to the City
Engineer and Watershed District for comment regarding the proposed driveway and drainage
requirements. The applicant will need to work with the City Engineer, Administrator and
Watershed District to address the culvert issues before the City will issue a driveway permit.
The applicant does not show that the applicants have obtained an easement for the proposed
driveway to permit it to be built on the parcel to the north. The Planner has included a condition
that the applicants shall obtain an easement or other agreement for a driveway access in order
to obtain a driveway permit.
Wastewater Treatment
The Planner sent a copy of the application and septic system report to Pete Ganzel,
Washington County Health Department, for review and comment. Pete Ganzel provided
comments in an email on September 16, and noted that the applicants will need to identify a
7
Eckman Variance Staff Report
Scandia Planning Commission Page 4
October 2, 2016
location for a secondary drain field. He noted that the soils report suggests that the secondary
drain field will need to be located near the primary drain field.
Stormwater Management
The Planner sent the application to the Carnelian -Marine -St. Croix Watershed District
(CMSCWD), City Engineer and Washington Conservation District (WCD) for review and
comment.
The City Engineer provided the following comments:
• The applicant needs to work with the City and the CMSCWD on the size and design of a
culvert(s) for the driveway crossing.
• 1 recommend the City require reinforced concrete (RCP) for the pipe material. Given the
magnitude of flow, size of watershed and potential for debris, a stronger material and
smoother wall will help reduce the potential for culvert failure. Concrete also has a
lower roughness coefficient than corrugated metal, which will help reduce the size of
pipe needed to convey stormwater runoff. If an RCP pipe is required, the City will own
and maintain the pipe after it is installed.
• 1 recommended the City require the culvert be sized for a 25 -year rain fall event and
show adequate capacity for overtopping higher flood flows.
The Planner has added proposed conditions that the applicants shall work with the City and
Watershed District on the sizing and design of the driveway culvert(s), and shall obtain any
necessary Watershed District permits for the project.
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.
I
Eckman Variance Staff Report
Scandia Planning Commission Page 5 October 2, 2016
Applicant's Rationale for the Variance
The applicants' rationale for the variance request is that the proposed location for the septic
system drain field is the only location on the parcel where it could be placed on suitable soils,
outside delineated wetlands, and in an area that meets other setback requirements.
Findings
The following bullets present the Planner's findings related to the applicants' 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. Septic systems are
required for single-family residential uses. The proposed location is the only area on the
parcel where the septic system can be placed near the proposed home, on soils that are
suitable for a septic system, and most structure setbacks can be met. The proposed
variance is in general harmony with the purposes and intent of the Comprehensive Plan
and Development Code.
• 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 drain field area due to the locations of suitable soils and wetlands 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. Granting the variance would not
alter the essential character of the area.
• Economic conditions alone shall not constitute practical difficulties.
I
Eckman Variance Staff Report
Scandia Planning Commission Page 6 October 2, 2016
The practical difficulties are related to the limited location of soils that will support the
septic system and the location of wetlands on the parcel. The practical difficulties are
not only economic in nature.
• The proposed variance will not impair an adequate supply of light and air to adjacent
properties, 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.
Granting the proposed variance will not impair the supply of light or air to adjacent
properties, 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 drain fields meets all setback requirements except the
wetland setback. The applicants have proposed the widest setback from the wetland
that is possible given the soil conditions and wetland locations.
• 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 October 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 on parcel 30.032.19.23.0002 a minimum of 50 feet
from the nearest wetland boundary and 40 feet from the northern parcel boundary. The Planner
recommends the following conditions for the variance:
1. Development of the property shall be generally consistent with the plans submitted to the
City on September 16, 2016. The applicants shall update the plans to show the location
for a secondary drain field.
2. The proposed building shall be a maximum 35 feet in height.
7
Eckman Variance Staff Report
Scandia Planning Commission Page 7 October 2, 2016
3. The applicants shall obtain an easement or other agreement for driveway access
through the adjacent parcel before the City will issue a driveway permit.
4. The applicants shall work with the City and the Carnelian -Marine -St. Croix Watershed
District on the required sizing and design of the driveway culvert(s).
5. The applicants shall obtain any required Watershed District and wetland permits.
6. The applicants shall obtain the required septic system permit from Washington County.
7. The applicants shall pay all fees and escrows associated with this application.
I
CERTIFICATE OF SURVEY
DESCRIPTIO _
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Carnelian -Marine -St. Croix Watershed District Comments on Eckman Variance
From: Carl Almer <calmer@eorinc.com<mailto:calmer@eorinc.com>>
Date: September 23, 2016 at 4:06:21 PM CDT
To: "'sherri. buss @tkda.com<mailto:s herri.buss @tkda.com>'
<sherri. buss @tkda.com<mailto:sherri.buss@tkda.com>>
Cc: 'Jim Shaver' <iimshaverl@hotmail.com<mailto:limshaverl@hotmail.com>>
Subject: RE: Eckman Survey - 199th Street
Sherri,
Given the variance proceedings, the project will trigger CMSCWD Rules 2.0 (Stormwater Management),
3.0 (Erosion & Sediment Control) and 4.0 (Buffers). A permit application, application fee, grading plan
with stormwater BMPs (raingarden or other) complying with the District's small residential stormwater
worksheet, and an easement and buffer declaration around the jurisdictional wetland will be required as
part of CMSCWD approval. We also echo Ryan's concerns re driveway culvert sizing.
Carl K. Almer
EOR: water I ecology I community
d: 651.203.6024 o: 651.770.8448
From: Jim Shaver [mailto:limshaverl@hotmail.com]
Sent: Tuesday, September 20, 2016 3:13 PM
To: Carl Almer
Subject: FW: Eckman Survey - 199th Street
Carl- I was assuming this was a minor variance until I received Ryan G's comments which I will forward
next. Please prepare comments. Thanks. Jim
Jim Shaver
Administrator
Carnelian -Marine -St. Croix Watershed District
651-433-2150
croscwd.org<http://croscwd.org>
From: sherri. buss @tkda.com<mailto:sherri. buss @tkda.com>
To: iimshaverl@hotmail.com<maiIto: iimshaverl@hotmail.com>; ryango@bolton-
menk.com<mailto:rya ngo@bolton-menk.com>
CC: n.soltis@ci.scandia.mn.us<mailto:n.soltis@ci.scandia.mn.us>;
b.eklund@ci.scandia.mn.us<mailto:b.eklund@ci.scandia.mn.us>
Subject: FW: Eckman Survey - 199th Street
Date: Mon, 19 Sep 2016 13:41:20 +0000
Jim and Ryan,
The Eckman's are applying for a variance to build a home on the parcel shown. They need a variance
from the City's 75' setback requirement from wetlands for the proposed septic system (it is 50' from the
wetland per delineation).
The survey also shows a proposed culvert under their driveway. (I noticed that their driveway crosses
the parcel to the north owned by the Schollers, so I have a request in to the Eckman's to show that they
have an easement for the driveway).
Please review this, and let me know if you have comments or proposed conditions. Need your
comments by Sept. 26 if possible, or they will go to the Planning Commission directly for their meeting
on October 4.
Thanks, Sherri
Sherri A. Buss, RLA, AICP I Senior Planner/Manager, Planning Group
444 Cedar Street, Suite 1500, Saint Paul, MN 55101
P 651.292.4582 1 tkda.com
TKDA Registered Landscape Architect: MN
CITY OF SCANDIA, MINNESOTA
PC RESOLUTION NO. 10-04-16-01
APPROVING A VARIANCE FOR PARCEL 30.032.19.23.002 LOCATED ON 199TH
STREET NORTH
WHEREAS, Jon Eckman and Lisa Towry have made an application for a Variance from
the setback requirements from wetlands to construct a new subsurface septic system on the
property identified as PID 30.032.19.23.002; and
WHEREAS, the property is legally described as follows:
PT SW '/4- NW '/4 BEING W OF 4TH MERIDIAN LYING ELY OF R/W OF MPLS ST. PAUL &
SAULT ST MARIE RR CO AS RUNS OVER & ACROSS SECTION 30 TOWNSHIP 032 RANGE
019; AND
WHEREAS, the Planning Commission reviewed the request for the Variance at a duly
noticed Public Hearing on October 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 50 feet from the nearest wetland and 40
feet from the northern parcel boundary on Parcel 30.032.19.23.002, 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. Septic systems are required
for single-family residential uses. The proposed location is the only area on the parcel
where the septic system can be placed near the proposed home, on soils suitable for a
septic system, and other structure setbacks can be met.
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 drain fields due to the soils and locations of wetlands 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.
Resolution No.: 10-04-16-01
Page 2 of 2
5. The practical difficulties are not only economic in nature. The practical difficulties are
related to the locations of soils suitable for a septic system and wetlands on the parcel that
limit the potential sites for the septic system.
6. Granting the 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.
7. Granting the requested variance is the minimum action required to eliminate the practical
difficulty. The proposed location of the septic system meets all setback requirements
except the wetland setback. The applicants have proposed the widest setback possible
from the wetlands given the soil conditions and wetland locations.
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 generally consistent with the plans submitted to the
City on September 16, 2016. The applicants shall update the plans to show the location
for a secondary drain field.
2. The proposed building shall be a maximum 35 feet in height.
3. The applicants shall obtain an easement or other agreement for driveway access through
the adjacent parcel before the City will issue a driveway permit.
4. The applicants shall work with the City and the Carnelian -Marine -St. Croix Watershed
District on the required sizing and design of the driveway culvert(s).
5. The applicants shall obtain any required Watershed District and wetland permits.
6. The applicants shall obtain the required septic system permit from Washington County.
7. The applicants shall pay all fees and escrows associated with this application.
Adopted by the Scandia Planning Commission this 4th day of October, 2016.
Christine Maefsky, Chair
ATTEST:
Neil Soltis, Administrator/Clerk