5.a Variance from wetland setback for replacement of sewer tanks - 13030 182nd (Olson)
Memorandum
To: Scandia Planning
Commission
Reference: 13030 182nd Street North (Olson)
Variance Request
Copies To: Neil Soltis, City
Administrator
Brenda Eklund, City Clerk Project No.: 16322.011
Gary and Martha Olson,
applicants
From: Sherri Buss, RLA AICP,
Planner
Routing:
Date: August 28, 2017
SUBJECT: Olson Request for Variance from the Required Setbacks from the
OHWL, Side Lot Line, and Roadway Right-of-Way to replace a
Nonconforming Septic System
MEETING DATE: September 5, 2017
LOCATION: 13030 182nd Street North
APPLICANTS: Gary and Martha Olson
1886 Pinehurst Avenue
St. Paul, MN 55116
ZONING: General Rural (GR) District and Shoreland District of Big Marine Lake
60-DAY PERIOD: October 14, 2017
ITEMS REVIEWED: Application and Plan received August 16, 2017
BRIEF DESCRIPTION OF THE REQUEST:
The applicants are requesting a variance to replace an existing nonconforming septic system on
a 0.89-acre parcel within the General Rural District and Shoreland Overlay District of Big Marine
Lake. .
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Scandia Planning Commission Page 2 September 5, 2017
DETAILED EVALUATION OF THE VARIANCE REQUEST:
The applicants are proposing to replace an existing septic system on a parcel within the
Shoreland District of Big Marine Lake. The existing septic system is a nonconforming
subsurface septic treatment system (SSTS) that does not meet the required setbacks from a
wetland that is adjacent to Big Marine Lake. The proposed replacement system includes a new
tank that would also be within the required wetland setback, but farther from the wetland
boundary than the existing system, and a new mound between the existing home and road that
requires a variance from the required setbacks from the road right-of-way and the side lot line.
The Nonconformities section of the Development Code requires that “A lawful nonconforming
structure which is removed, destroyed or altered by any means to the extent that the cost of
repair or replacement would exceed 50% of the appraised value of the original structure shall
not be replaced, except in conformity with this Development Code. If a replacement structure
cannot be placed on the lot meeting all current standards, the variance procedure must be
followed.”
The major structures on the site will not change to accommodate the new septic system. The
Certificate of Survey indicates that an existing wood walkway between the house and the lake
will be removed.
Comprehensive Plan
The Comprehensive Plan states that the General Rural (GR) District is a residential area of
mixed lot sizes. The intent of the district is to establish a rural residential area that meets the
Metropolitan Council requirement for rural communities that overall densities shall not exceed 1
housing unit per 10 acres. Residential buildings, which require septic systems, are a permitted
use in the GR District. The Comprehensive Plan also includes goals to protect wetlands and
other water resources, and a policy to support the strict conformance of SSTS with the
requirements of Washington County’s SSTS Ordinance and Minnesota Rules.
The proposed variance is requested to permit the replacement of an existing SSTS with a new
system that meets current regulations. The proposed use and variance request for the
replacement of the existing SSTS with a new SSTS that will be farther from the lake and
adjacent wetland than the existing system is generally consistent with the goals of the
Comprehensive Plan.
Lot Size and Setbacks
The applicants’ lot is approximately 0.89 acres in size, and is a nonconforming parcel in the GR
District and Shoreland Overlay District. The existing house and garage do not meet the current
side setback requirements, and are also nonconforming.
The location of the existing septic system is shown on the Certificate of Survey. It is located
160 feet from the OHWL of Big Marine Lake, and 33.4 feet from a wetland that is adjacent to the
lake.
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Scandia Planning Commission Page 3 September 5, 2017
The required structure setbacks for SSTS within the Big Marine Lake Shoreland area and in the
GR District include the following:
OHWL: 75 feet
Unclassified water bodies (wetlands): 75 feet
Side setbacks (lots under 1 acre): 10 feet
Setback from roadway right-of-way: 40 feet
Setback from drinking water well: 50 feet
Setback from habitable structures: 10 feet
Proposed setbacks for the new SSTS structures include:
OHWL: 185 feet
Unclassified water body: 53.2 feet
Side setback: 8 feet
Setback from roadway right-of-way: 13.5 feet
Setback from drinking water well: 64 feet
Setback from habitable structure: 10 feet
The proposed locations of the septic tank and mound require a variance from the required
setback from a wetland, side lot line, and the roadway right-of-way.
Accessory Structures
The existing parcel includes a garage. No new accessory structures are proposed.
Lot Coverage
The GR District allows up to 25% lot coverage by impervious surfaces.
The survey indicates that the coverage will be 14% of the parcel area above the OHWL. The lot
coverage meets the Code requirement.
Structure Height
No new above-ground buildings are proposed.
Wastewater Treatment
The plans show the proposed location of the new septic tank and mound. Pete Ganzel of
Washington County reviewed the initial proposal to replace the SSTS on the site, and provided
the following comments:
The sand basal absorption area downslope of the upper edge of the 30’ rock bed must
be approximately 1100 square feet. To achieve this, a variance from the side lot line to
absorption area and ROW to rock bed may be required. A three foot minimum sand
base depth is required.
Timed dosing must be designed to limit flow to 250 gallons per day with storage of
approximately two days for weekend peak flows.
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Scandia Planning Commission Page 4 September 5, 2017
A variance to the wetland setback to tanks may be required.
An operating permit will be required to monitor flow and dosing requirements.
BOD reduction is not required but it would be a good idea to anticipate installation of a
pretreatment unit if flows are consistently above that recommended or if there is
evidence of imminent mound failure (this could be part of the operating permit).
The Planner has included a condition that the applicants shall obtain a County SSTS permit for
the new septic system.
Stormwater Management and Wetlands
The Certificate of Survey identifies the approximate boundary of a wetland that is adjacent to
Big Marine Lake. The proposed location of the new septic system will not meet the required 75’
setback from the boundary, but it will be farther from the boundary (53.2 feet) than the existing
system (33.4 feet).
The applicant’s surveyor contacted the Washington Conservation District requesting a
determination of the wetland boundary. Jay Riggs, the WCD Administrator provided the
following comment: “Thank you for contacting our office. We sometimes mark approximate
wetland edges for setback purposes if grading will not occur near wetlands. However because
of the proximity of the wetland areas to likely grading activities, a wetland delineation will be
needed for this site.” The Planner included a condition for approval of the variance that the
applicants complete a wetland delineation for this site, and that the results of the delineation
shall be provided to the City and shown on a revised Certification of Survey.”
The City Engineer reviewed the applicant and provided the following comments: “With the
County being the regulatory agency their comments will guide the application but we would like
to provide the following:
Potentially may need an updated survey to verify the house is far enough from the
west lot line to allow for the sewer pipe to be directed from the new sewer tanks to
the new proposed drainfield location. Survey shows on widest part the house is 9.2
feet from west property line but doesn’t show the part of the house that skews
towards the property line or the garage distance from property line.
There will be a significant amount of excavation with this project, so final elevations
should be reviewed closely so drainage is not being directed onto adjacent
properties upon finish grading.
Erosion control should be installed prior to removal of existing tanks to prevent any
erosion down in to the wetland area.
Work should be anticipated that an erosion and sediment control permit will be
required from the Watershed District.
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Scandia Planning Commission Page 5 September 5, 2017
The Planner sent the application to the Carnelian-Marine-St. Croix Watershed District and the
Minnesota DNR for review. Jim Shaver, the District Administrator, provided the following
comment: “The District supports this variance request that will maintain the required setback
from Big Marine Lake and instead encroach on the City's ROW. Although this project will not
require a Watershed District permit, we request that the City require sufficient erosion control
and seeding and mulch cover of the finished project to protect Big Marine Lake from sediment.”
The DNR stated that “DNR has no comment on this variance request. Thanks for the
opportunity to comment.”
The Planner has included the recommended conditions identified above in the proposed
conditions for an approval of the variance.
Driveway/Access
No change in driveway access is proposed for the SSTS replacement.
DETAILED DISCUSSION OF THE VARIANCE REQUEST
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 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.
Applicants’ Rationale for the Variance
The applicants noted that they are required to replace the SSTS on the property. The rationale
for the variance includes:
The proposed new system will meet the current County SSTS requirements.
The proposed location meets the setback from the OHWL requirement, and is farther
from the wetland boundary adjacent to the lake.
Findings
The following bullets present the Planner’s findings related to the Olson request for a variance,
based on the statutory criteria for granting a variance. Each of the criteria is shown in italics:
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Scandia Planning Commission Page 6 September 5, 2017
Variances shall only be permitted when they are in harmony with the general purposes
and intent of the official control.
Granting the requested variance is in harmony with the purposes and intent of the
Comprehensive Plan and Development Code based on the following:
o The residential use is permitted in the General Rural District, and an SSTS is
required to support that use.
o The proposed location will meet goals and policies in the Comprehensive Plan
because it will replace a system that does not meet current SSTS standards with
a system that will meet current standards.
o The proposed system location will provide additional separation from the wetland
and the lake.
o The proposed variance from the setback from the road right-of-way helps to
increase the system’s separation from Big Marine Lake and the adjacent
wetland. Protection of the lake is a higher priority than maintaining the 40-foot
road right-of-way setback.
The property owner proposes to use the property in a reasonable manner under the
conditions allowed by official control(s).
Single-family residences are reasonable uses in the GR District, and the use requires an
SSTS. The existing use could not continue without an SSTS that meets current
standards.
The practical difficulties are not caused by the landowner, and are unique to the
property.
The practical difficulties are caused by the location of the lake, wetlands, soils suitable
for an SSTS, and the location of the existing structures on the parcel. The areas
proposed for the SSTS location are the only locations where it can be constructed on the
site. It is not possible to locate the new SSTS on the parcel to meet all of the required
setbacks.
The variance would not alter the essential character of the area.
Granting the variance would not alter the essential character of the area. The
applicants’ property is surrounded by parcels with single-family residences.
Economic conditions alone shall not constitute practical difficulties.
The practical difficulties are caused by the locations of the lake, wetlands, soils suitable
for an SSTS, and the location of the existing structures, which limit the location where
the SSTS can be accommodated on the parcel. The practical difficulties are not due to
economic conditions.
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
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Scandia Planning Commission Page 7 September 5, 2017
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,
increase congestion or endanger public safety, or impair property values in the
neighborhood.
The required variance is the minimum action required to eliminate the practical difficulty.
Construction of the replacement SSTS in the proposed location is the minimum action
required to eliminate the practical difficulty. The existing system must be replaced to
permit continuation of the residential use. The proposed replacement location increases
the setback from the OHWL of the lake and the adjacent wetland by reducing the
setback from the roadway, which is a lower priority than the setback from the OHWL.
The proposed location increases the setback from the wetland as much as possible
given the site constraints.
Practical difficulties include, but are not limited to, inadequate access to direct sunlight
for solar energy systems.
Granting the variance will provide adequate access to direct sunlight for solar energy
systems.
ACTION REQUESTED:
The Planning Commission 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 approve the variance to permit
construction of the proposed SSTS at a location that is a minimum of 50’ from the boundary of
the wetland adjacent to Big Marine Lake, 8 feet from the side lot line, and 13.5 feet from the
roadway right-of-way on the parcel located at 13030 182nd Street North, with the following
conditions:
1. The applicants shall install the SSTS in the locations consistent with the Certificate of
Survey submitted to the City on August 16, 2017.
2. The applicants shall complete a wetland delineation on the parcel, and shall update the
Certificate of Survey with the results of the wetland delineation.
3. The updated survey shall verify that the house if far enough from the west lot line to
allow for the sewer pipe to be directed from the new sewer tanks to the new drainfield
location.
4. The applicants shall obtain a County SSTS permit for the new septic system.
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Scandia Planning Commission Page 8 September 5, 2017
5. The City Engineer shall review the final survey, elevations, and grading plan to
determine if drainage will be directed onto adjacent properties, and shall require
changes if needed.
6. The applicants shall install erosion control practices that meet City requirements prior to
removal of the existing tanks to prevent any erosion toward the wetland and lake, shall
maintain the erosion control practices during construction, and shall seed and mulch the
disturbed areas promptly at the completion of construction.
7. The applicants shall obtain the required Watershed District permit(s) for the project.
8. The Applicant shall pay all fees and escrows related to this application.