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7.b 1 EckmanVarianceCouncil 10.18.16To: 444 Cedar Street, Suite 1500 Saint Paul, MN 55101 651.292.4400 Copies To: tkda.com Mi Jon Eckman and Lisa TKDA Towry, applicants To: Scandia City Council Neil Soltis, City Administrator Copies To: Brena Eklund, Clerk Jon Eckman and Lisa Towry, applicants From: Sherri Buss, RLA AICP, Planner Date: October 10, 2016 Reference: Eckman Variance Application Project No.: 15744.019 Routing: SUBJECT: Eckman Variance for Septic System Location MEETING DATE: October 18, 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 updated on September 16, 2016 BRIEF DESCRIPTION OF THE REQUEST: The applicants are seeking to build a new home on a parcel at 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 City Council Page 2 October 18, 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 199th 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: 50 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 City Council Page 3 October 18, 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 submitted with the application 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 applicant submitted a revised survey at the Planning Commission meeting on October 4, and the survey shows a secondary septic drain field location adjacent to the proposed primary drain field. The proposed septic system drainfields 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. The structure must be no taller than 35 feet to meet the height requirement in the ordinance. The Planner has included a condition that the building shall be a maximum 35 feet in height. Driveway Access The survey shows a proposed driveway to access 199' 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 drivewav 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 7 Eckman Variance Staff Report Scandia City Council Page 4 October 18, 2016 comments in an email on September 16, and noted that the applicants will need to identify a 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. • I 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 CMSCWD Engineer submitted comments that noted that the project may require district permits, and that he agreed with the City Engineer's comments regarding the proposed driveway and culvert(s). 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. 7 Eckman Variance Staff Report Scandia City Council Page 5 October 18, 2016 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' 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. I Eckman Variance Staff Report Scandia City Council Page 6 October 18, 2016 • Economic conditions alone shall not constitute practical difficulties. 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. PLANNING COMMISSION PUBLIC HEARING AND RECOMMENDATIONS The Planning Commission held a public hearing on the variance request at its meeting on October 4, 2016. The Commission received no written or verbal comments on the application. The Commission reviewed the revised site plan that the applicants submitted at the meeting. The Commission recommended approval of the variance request with conditions. ACTION REQUESTED: The City Council can recommend the following: 1. Approval 2. Approval with conditions 3. Denial with findings 4. Table the request PLANNING STAFF RECOMMENDATIONS: The Planning Commission recommends that the City Council approve a Variance to permit construction of new septic system drain fields 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 Commission recommends the following conditions for the variance: I Eckman Variance Staff Report Scandia City Council Page 7 October 18, 2016 1. Development of the property shall be generally consistent with the plans submitted to the City on September 16 and October 4, 2016. 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. I