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7.b)3) Continenza Variance Meeting Date: 11/15/11 � �`, Agenda Item: �� � � �� r City Council Agenda Report City of Scandia 14727 209ih St. North Scandia, MN 55073 (651) 433-2274 Action Requested: As recommended by the Planning Commission, approve the application of Jeff Balmer, Lands End Development, on behalf of Jim and Sandi Continenza, for a variance from the minimum lot size to allow construction of a single family dwelling at 13350 188th Street North. Deadline/ Timeline: 60-day review period (extended to 120 days) expires February 11, 2012. Background: • The Planning Commission held a public hearing on this application at its November 1 meeting. The Commission recommended approval of the variance, with findings and conditions as recommended by the Planner which have been have been incorporated into a draft resolution for the Council's use. • A significant issue concerning wastewater disposal was identified after the planner's report was prepared for the Planning Commission hearing. A letter received from Washington County has been added as an attachment, and the report has been updated to reflect this information and subsequent discussions and analysis. • The applicant initially proposed a connection to the city's "201" Anderson-Erickson wastewater system. Washington County operates the system under a contract with the city. County staff (Pete Ganzel) reviewed the capacity of the system to determine if a sewer connection could be made for the new home. His letter (dated October 19/received October 31) initially indicated that there was no capacity for additional connections without concurrent expansion of the drainfield. Upon further review (documented in the TKDA report, pages 3-4) he concluded that there may be capacity for one additional connection. However, this is based on the county's records, not an engineering analysis, and there is some risk to allowing another connection. • Section 8. A. of Ordinance No. 108, which governs the operation of the sewage treatment system, states that"new connections to the community sewage treatment system shall be prohibited unless sufficient capacity is available in all downstream facilities. " • It appears that there is a feasible alternative for an on-site sewage Page 1 of 2 11/09/11 1 disposal system for the Continenza property. It may require a variance from the standards, but that can be addressed by requiring county approval of the final design. Recommendation: Staff recommends that the Council adopt the resolution approving the variance, which includes a condition that the applicant shall identify a location for an on-site septic system meeting the County's requirements. The Council could choose to allow this new home to be connected to the city's sewer system, if it determines that that there is sufficient capacity in all downstream facilities. However, there are other property owners that probably have expectations that their homes or lots will be allowed to connect to the system. Stub connections have already been provided to some other lots (but not to Lots 9 or 10, the subject of this application.) Staff recommends that the Council consider placing a moratorium on new connections to the Anderson-Erickson portion of the "201" sewer system until there is an engineering study of the current system and its capacity for additional use or expansion. Attachments/ • Draft Resolution No.: 11-15-11-04 Materials provided: . Excerpt, November 1, 2011 Planning Commission Minutes (Draft) • Letter dated October 19/ received October 31 from Pete Ganzel, Senior Environmental Specialist, Washington County • TKDA Memorandum dated October 25/Updated November 8, 2011 • Application Materials • Site Graphics Contact(s): Jeff Balmer, Lands End Development (218 692-5263) Jim & Sandi Continenza (612 867-8899) Prepared by: Anne Hurlburt, Administrator (continenza variance) Page 2 of 2 11/09/11 2 CITY OF SCANDIA, MINNESOTA RESOLUTION NO.: 11-15-11-04 APPROVING VARIANCE FOR 13350-188TH STREET NORTH WHEREAS, Jeff Balmer, Lands End Development has made application on behalf of James V. and Sandra K. Continenza for a lot-line adjustment and variance from th�;minimum lot size requirement of 2.0 acres to allow construction of a home and related improvements on two existing lots that total .97 acres, located at 13350 188`h Street North Street North, City of Scandia; and WHEREAS, the property is legally described as follows: Lots Nine and Ten, Anderson's Big Lake 2nd Addition, Section 34, Township 32 North, Range 20 West, Washington County, Minnesota; and WHEREAS, a lot line adjustment is required due to the encroachment of a neighboring structure onto Lot 9; and WHEREAS, the Planning Commission reviewed the request at a duly noticed Public Hearing on November 1, 201 l, and has recommended approval; 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 lot size of.97 acre, 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. 2. The property owner proposes to use the property for a single-family residence, which is a reasonable use in the General Rural District and Shoreland Overlay District. 3. The size and dimensions of the lots were not created by the property owner. 3 Resolution No.: 11-15-11-04 � Page 2 of 2 4. The proposed lot size and use are consistent with the essentia] character of the surrounding General Rural District and Shoreland Overlay District. 5. The request is related to the size of the existing nonconforming lots, not economic conditions. FURTHER BE IT RESOLVED, that the following conditions of approval shall be met: 1. The development on the property shall be in substantial compliance with the site plan and related materials submitted to the City on October 11, 2011. 2. The Applicant shall prepare and file the deed for the lot line adjustment. 3. The two parcels shall be combined into one parcel, and the deed recorded at Washington County before construction of the improvements on the property. 4. The Applicant shall submit a Landscape Plan that meets the requirements of the Development Code and Shoreland Overlay ordinance to the City for approval by staff. 5. The Applicant shall provide a grading plan for proposed improvements on the site, for review by City staff. 6. The Applicant shall obtain the required Watershed Permits for stormwater management and erosion control. 7. The applicant should identify a location for an on-site septic system that will meet the County's requirements, and obtain the required wastewater system permit from the County. The applicant shall obtain the wastewater system permit before a building permit may be issued. 8. The lowest floor elevarion of the home must be 2 feet above the 100-year flood elevation or 3 feet above the highest know water elevation on Big Marine Lake, to be verified with the Building Permit application. 9. The Applicant shall pay all fees and escrows. Adopted by the Scandia City Council this 15th day of November, 201]. Randall Simonson, Mayor ATTEST: Anne Hurlburt, Administrator/Clerk 4 6� � r Ov Q � November 1, 2011 N �� Scandia Planning Commission Page 5 of 7 PUBLIC HEARING: VARIANCE FROM THE MINIMUM LOT SIZE TO ALLOW CONSTRUCTION OF A SINGLE FAMILY DWELLING, 13350 188T" STREET NORTH. JEFF BALMER, LANDS END DEVELOPMENT, APPLICANT ON BEHALF OF JIM AND SANDI CONTINENZA, OWNERS. Jeff Balmer has applied for a variance on behalf of owners Jim and Sandi Continenza to allow construction of a new home on two existing nonconforming lots at 13350 188`h Street. The property is 0.97 acres in size and lies in the General Rural District within the Shoreland Overlay District of Big Marine Lake. Zoning requires existing lots to be a minimum of 2.0 acres. City Planner Sherri Buss presented the planner's report. The application meets road frontage, setbacks, lot coverage and building height requirements. A variance for lot size is necessary. Mr. Balmer requested that the proposed home be permitted to hook up to the existing Anderson/Erickson wastewater system that serves the 188th Street area. Pete Ganzel, Washington County, submitted a letter stating that there is not enough capacity remaining on the system to serve another year-around residence. The planner's report included a condition that a location for an on-site septic system must be identified that meets the County's requirements. The condition stated that a wastewater permit must be obtained prior to the issuing of a building permit. Planner Buss described additional items that must be submitted for this project. A full grading plan and landscape plan which meet the City's ordinance will be required. A Carnelian-Marine- St. Croix Watershed District permit for storm water management and erosion control is also required. Planner Buss recommended approval of the variance request based on the findings and conditions as described in the planner's report. Chair Maefsky opened the public hearing. Jim Continenza, 1771 S I�ingsbury Circle, Lakeville, MN: Mr. Continenza addressed the Planning Commission with a description of his request. The two existing parcels will be combined into one parcel. He will attempt to preserve as many trees as possible and plans to move those that he can to new locations on the property. The proposed home is log-sided and he believes it will fit very well into the surroundings. Mike White, 13310 188`h Street: Mr. White stated that he lives a few houses away. He offered information that challenged the County's letter regarding the septic hook-up. Mr. White believed that the Continenza's had paid for a reservation to the septic system in 2002 and now have a right to be connected to the 201 system. Sandi Continenza, 1771 S Kingsbury Circle, Lakeville, MN: Ms. Continenza stated that she had a copy of a check written to New Scandia Township in 2002. Administrator Hurlburt said that staff will research the purpose of the payment, but the report did indicate that the system is at capacity, and an expansion would be necessary to add any additional residences. 5 �+ � � �� November 1, 2011 � Scandia Plannin m ' g Co mission Page 6 of 7 Jeff Balmer, Lands End Development, Crosslake, MN: Mr. Balmer said that he met on-site with Mr. Ganzel and was told that an on-site septic may require a variance to the County's groundwater requirements. Mr. Ganzel told him that if it is not feasible to have an on-site system, it may be allowable to connect to the 201 system. Administrator Hurlburt stated that this is not consistent with Mr. Ganzel's written report, and more discussion with the County will be needed to resolve this. Planner Buss offered that a condition #6 of the variance should be revised to state that a viable sewer system must be identified that meets the County's requirements. There were no further public comments and Chair Maefsky closed the hearing. Commissioner Schwarz stated that he had a problem with the adjustable property line. What is being done is creating a non-conforming situation for the adjacent property. The survey for the proposed lot line adjustment shows that in adjusting the lot line to meet the 10-foot sideyard setback to accommodate the applicant's house, the garage on Lot 8 remains at 6.8 feet from the property line. Schwarz recommended that the lot line be changed to allow for a conforming setback for Lot 8. A correction should be made for the errors that were done when the garage was built too close to the property line. Steve Thorp explained that the surveyor described the adjustment as acceptable because a line adjustment may not increase a non-conformity. The garage will remain at 6.8 feet from the property line. Commissioner Philippi asked for more guidance regarding this. Hurlburt explained that the house on Lot 8 was previously over the lot line, and will now meet the 10-foot setback, so the situation is improved in this instance. Commissioner Philippi stated that it appears that the proposed house barely fits into the site. Maefsky, seconded by Krinke, moved to recommend to the City Council the Planner's conditions of approval for the variance request, with a revision to Condition #6 that states that the applicant must identify a viable septic system that meets the County's standards. The motion carried 4-1, with Schwarz opposed. PUBLIC HEARING: COMPREHENSNE PLAN AMENDMENT. CAPITAL IMPROVEMENT PLAN (CIP) UPDATE, 2012-2016. CITY OF SCANDIA,APPLICANT City Administrator Hurlburt presented an overview of the 2012 to 2016 Capital Improvement Program as recommended by the Capital Improvement Committee, and from direction received by the City Council during their budget meetings. Changes to the previous plan include the City Meeting and Office Space Study(Project A-001) being delayed to 2013 and the Community Center Floor Replacement (Project CC-001) being designated as a future pending project. New projects being added include construction of sidewalks at 209th Street to the South Ball Field (PR-015) and from the Wayne Erickson Field to Olinda Lane (PR-016). These projects will implement the trail plan which was adopted this summer. 6 w��g�n Department of Public Health and Environment � 9�Q�� Lowell Johnson Director Sue Hedlund Deputy Director October 19, 2011 RE�EIVED Anne Hurlburt OCT 31 2011 Administrator, City of Scandia 14727 209`h St N CITY OF SCANDIA Scandia, MN 55073 RE: Anderson-Erickson System, Available Capacity and Additional Service Connections Following a recent inquiry from a general contractor concerning connection of a new home to the Anderson- Erickson system, I have reviewed available capacity and the potential for new connections. An updated 2000 report from TKDA indicated a conservative capacity up to 5300 gallons per day and an alternate capacity of up to 8600 gallons per day. The report recommended up to six additional sewer service connections. In 2002, the collection portion of this system was extended to the end of 1881h street during road reconstruction. No increase in drainfield capacity was included in this extension, though the collection system was designed for all new service stubs. Since 2000, nine additional sewer service connections were completed, five of which were during road reconstruction. Gauge readings show the current usage averaging approximately 5600 gallons per day with a peak this July of 7524 gallons per day. Based on these flow readings, the system is nearing capacity and any additional connections should be accompanied by an expansion of the drainfield. Applicants for connection to the system should first investigate if sewage treatment and disposal can be accomplisheci on-site. If you have any questions, call me at(651)430-6676 �� � Sincerely, ��_ �� <�� ��� Pete Ganzel Senior Environmental Specialist Government Center • 14949 62nd Street North—P.O. Box 6, Stillwater, Minnesota 55082-0006 Phone: 651-430-6655 • Fax: 651-430-6730 • TTY: 651-430-6246 www.co.washington.mn.us Equal Employment Op,�ortunity/Affirmative Action C. FLOW/CAPACITY ANALYSIS Determination of available capacity involves comparison of actual flow to design flow. The design basis for each treatment facility is documented in the Appendix. As the foregoing tables have shown, actual flow is somewhat variable. With drainfields as the final treatment/disposal step in the "201" systems, it is appropriate to use the rn«xim�am mon�h as�he actu�l flow, unless that month included unallowable surface or groundwater flow that was subsequently removed , by corrective action. Use of the maximum month flow assures the availability of reserve capacity most of the time. A complicating factor exists in the original determination of the group of users for which design capacity was allowed, but which are presently unconnected. Our understanding is that these users had no existing need to connect at the time the "201" systems were designed and constructed because their individual on-site systems were operating adequately. Because of lot size and lake and other setback requirements it was concluded that, upon failure of their existing on-site systems, they would have no altemative but to be connected to the "201" system. Capac'ity for these users might be considered to be reserved. Apparently none of these units suffered failure of its individual system and was connected to a "201" system during the initial seven years of operation. Washington County records indicate that seven units have been connected to the systems since 1994 and that two units formerly connected are no longer connected. Table 6 summarizes a calculation of available capacity. TAB LE 6 CALCULATION OF AVAILABLE CAPACITY Carnelian Hills Bliss Anderson/E�ickson Design Units 99 89 20 Connected Units 76 74 21 Reserved Units, No. 23 15 0 %of Design 23 17 0 Design Flow, gpd 22,300 29,600 6,700 Reserved Capacity*, gpd 5,100 5,000 0 SF Infilt. Allowance, gpd 0 7,400 0 Actual Flow'*, gpd 18,900 12,000 1,400 Available Capacity, gpd - 1,700 5,200 5,300 Reserved +Available 3,400 10,200 5,300 Capacity, gpd ' Based on reserved units percentage of design units '* Maximum Month g 12162-01 g A consideration that should be reviewed is whether the design flow factor used to increase the design flow for the drainfield systems should be included in establishing "available capacit�'. The factor used was 1.5 which increased the drainfield system design flow by 50 percent to "provide for periodic, prolonged resting of individual cells". It would seem to be consistent with the use of the maximum month of record flow as the deducted "actual flov�', which is the highest rr��;atr s�i;ce J�naary ?99d t� �bnsoder this design flow factor. Table 7 is a variation of Table 6 using the drainfield design flow that includes the 1.5 factor. TABLE 7 ALTERNATE CALCULATION OF AVAILABLE CAPACITY Carnelian Hills Bliss Anderson/Erickson Design Units 99 89 20 Connected Units 76 74 21 Reserved Units, No. 23 15 0 %of Design 23 17 0 Design Flow*, gpd 33,400 44,400 10,000 Reserved Capacity", gpd 7,700 7,500 0 SF Infilt. Allowance, gpd 0 7,400 0 Actual Flow"', gpd 18,900 12,000 1,400 Available Capacity, gpd 6,800 17,500 8,600 Rese►ved +Available 14,500 25,000 8,600 Capacity, gpd ' Including 50 percent increase for drainfield resting ** Based on reserved units percentage of design units **' Maximum Month Another consideration that may affect the assessment of available capacity is whether it is appropriate to reserve capacity for the group of units for which this was planned. Any homes that remain seasonal units or cabins could possibly never need to change if their on-site systems are properly operated, because of the low use factor. Finally, there is the matter of the maximum months flow itself. High flow months have appeared to be related to the occurrence of wet weather. Possible sources of extraneous flow include groundwater infiltration into house sewers, septic tanks, and septic tank effluent pumping stations. Another possible source is basement sump pumps discharging groundwater into the house sewer. This is not an allowed use of the sanitary sewer system and should be discontinued. If removal of groundwater infiltration and connected sump pumps could be accomplished, it would effectively increase the available capacity. g 12162-01 9 1 { TABLE 9 ( ALLOWABLE NEW CONNECTIONS BASED ON 250 GPD/UNIT FLOW FROM EXISTING CONNECTED UNITS � Number of Increased ��v� Existing Existing Existing Unit Table 6 Connections IArea Connected Max. Mo. Flow Capacity at 250 Units GPD/Unit GPD GPD GPD/Unit � Carnelian Hills 76 249 76 3,400 13 Bliss 75 160 6,750 10,200 14 ( Anderson/ 21 7p 3,780 5 300 Erickson ' 6 I � ' There is no reason to prohibit additional connections. We assume that any increase would be rather slow and that the numbers suggested in Table 9 would suffice for several years, at least. These numbers are based upon measured flow and design capacity. We strongly recommend that the numbers be considered provisional, based upon observations of the operating drainfield's performance. Drainfield stress conditions result from high applied wastewater flow and high precipitation. A series of high precipitation years can result in another stress condition - elevated ground water table. All of these items and observations of drainfield ponding should be monitored. If unacceptable conditions are observed, further acceptance of new conditions should be halted until additional capacity can be provided. As additional connections are made and other changes affect the quantity of wastewater collected from existing connections, Tables 6 and 9 should be periodically updated. 13 12162-01 10 444 Cedar Street,Suite 1500 TKDA Saint Paul,MN 55101-2140 ENGINEERS•ARCHITECTS•PLANNERS (651)292-4400 (651)292-0083 Fax www.tkda.com MEMORANDUM To: Scandia City Council Reference: Continenza Variance Request Anne Hurlburt, Administrator City of Scandia, Minnesota Copies To: Jeff Balmer, Lands End Proj. No.: 14811.008 Development Jim and Sandi Continenza From: Sherri Buss, RLA, City Planner Date: October 25/November 8, 2011 Routing: SUBJECT: Continenza Variance Request for Lot Size MEETING DATE: November 15, 2011 LOCATION: 13350 188th Street North Scandia, Minnesota APPLICANT: Jeff Balmer, Lands End Development OWNERS: Jim and Sandi Continenza ZONING: General Rural (GR) and Shoreland Overlay District 120-DAY PERIOD: February 11, 2012 ITEMS REVIEWED: Application, Site Plans, Building Plans and Wetland Delineation received October 11, 2011 This report has been updated to reflect additional information and analysis completed since the Planning Commission meeting. The majority of this information is included in the section regarding the Wastewater System. BRIEF DESCRIPTION OF THE REQUEST: The Applicant is requesting a lot-line adjustment and variance to allow construction of a home and related improvements on two existing nonconforming lots at 13350 188`�' Street North. The subject property is located in the General Rural (GR) District and is within the Shoreland Overlay District of Big Marine Lake, a Recreational Development Lake. The combined area of the two parcels is .97 acres. The applicant is requesting a variance from the minimum lot size requirement of 2.0 acres in the GR District. (Shoreland regulations indicate that the minimum size for new lots on Big Marine Lake is 2.5 acres. Existing An Employee Owned Company Promoting Affirmative Action and Equal Opportuniry 11 Continenza Variance Request Page 2 November 15, 2011 Scandia, Minnesota lots must meet the dimensional requirements of the underlying zoning district-2.0 acres in the GR District.) Development Code Section 13.5 allows development of nonconforming lots that are at least 66% of the dimensional standards for lot size and lot width as required by the zoning district without a variance. The combined area of the parcels is approximately 48.5% of the dimensional standard. Therefore, this application requires a variance. The application may also require a variance to allow construction of an on- site septic system that meets County requirements. DETAILED EVALUATION OF THE REQUEST: 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 use is supported in the GR District. The Comprehensive Plan recommends a minimum lot size of 2.0 acres in the GR District. The Comprehensive Plan also notes the existence of many smaller size lots in areas of existing lakeshore development within the GR District, and that this pattern will continue in the areas of existing development around Scandia's lakes. The proposed residential use is consistent with the Comprehensive Plan recommendations for uses and the �eneral character of the GR District but is not consistent with the minimum lot size recommendations. Lot Size and Frontage The minimum lot size requirement in the GR District is 2 acres. Lot A on the attached figure is .42 acres in size, and Lot B is .53 acres in size. The total area of the combined parcel would be .98 acres. The combined parcel does not meet the minimum lot size requirement for the district, and the applicant has requested a variance from the requirement. The front of the house is proposed to face 188th Street North. The minimum frontage allowed for lots on public roads in the GR District is 160 feet. The combined parcel would have approximately 162 feet of frontage on 188th Street The combined parcel would meet the ordinance frontage requirement. Lot Line Adjustment A proposed lot line adjustment to address encroachment of an existing building on Lot 8 (also owned by the Continenzas) onto Lot 9. The�roposed adjustment meets the requirements of the ordinance. The Applicant will need to prepare and file a deed for the lot line adiustment. Setbacks The setback requirements in the Shoreland Overlay District are: side yard of 10 feet (lots of less than 1.0 acre), and a setback of 40 feet from public streets. The Shoreland District Regulations for Recreational Development lakes also require that structures be setback 100 feet from the Ordinary High Water Level (OHWL). The proposed structure conforms to the setback requirements, based on dimensions indicated on the Certificate of Survey. 12 Continenza Variance Request Page 3 November 15, 2011 Scandia, Minnesota The site plans do not indicate the location of a septic system to serve the proposed home. An individual septic system will be required (see discussion under Wastewater, below). The Shoreland Overlay District requires a septic system setback of 75 feet from the OHWL. The applicant should indicate the location of an individual s�tic system that meets the ordinance requirement on the site plan. Maximum Lot Coverage The maximum allowed lot coverage in the Shoreland Overlay District is 25%. The proposed house with attached garage, deck, driveway, and walkway would cover approximately 7060 square feet or 16.4% of the lot. The�ronosed buildin�s and surfaces meet the ordinance covera�e requirement. Accessory Structures No accessory structures are proposed. The existing cabin and accessory structures on the lot should be removed before development of the site. Building Height The maximum building height allowed is 35 feet. Based on the City's definition of building height, the proposed structure will be 23.1 feet in height. The pro�osed building meets the ordinance requirement. The proposed structure will be taller than homes in the area. If significant numbers of mature trees are lost on the site with development, the structure could be readily visible from the lake and surrounding neighborhood. The Planning Commission should discuss this issue as it discusses the variance request for the property, in light of the variance statute criteria that "the variance, if granted will not alter the essential character of the locality. " The Commission may consider requirements for replacement or addition of trees to screen the structure. Wastewater System The applicant requested that the proposed home be permitted to hook up to the existing Anderson/Erickson wastewater system that serves the 188t" Street area. The home is planned to be a year-round residence. The plans indicate that the home includes 6,678 square feet on 3 floors, seven bathrooms, and a full kitchen. Staff contacted Pete Ganzel at Washington County regarding the available capacity in the Anderson/Erickson system. Pete sent a memo summarizing the system's current capacity and flows, and concluded `Based on these flow readings, the system is nearing capacity, and any additional connections should be accompanied by an expansion of the drainfield. Applicants for connection to the system should first investigate if sewage treatment and disposal can be accomplished on-site. " A copy of Pete's memo dated October 19 is attached. Pete provided the following additional comments in conversations with City staf£ • The City has already approved 4 more connections to the Anderson/Erickson system than were recommended in the original engineering analysis of system size and capacity. 13 Continenza Variance Request Page 4 November 15, 2011 Scandia, Minnesota • The capacity to add one more connection (up to approximately 300 gallons per day) may exist in the cunent system. The "resting" capacity of the system would probably not be exceeded with one more connection. However, during peak use times, the demands on the system may be near or exceed capacity. There are risks if the system runs at or over capacity, as this can shorten the lifespan of the drainfield. • A stub currently exists on lot 8 (also owned by the Continenzas) to allow for future hook-up for that lot, but no stub exists on lots 9 or 10, the lots proposed for development in this application. The stub on lot 8 was added as part of the road improvement project on 18gtn Street. • The as-built plans for the 188�h Street project (Bonestroo) indicate that 10 service stubs were added on the roadway as part of the roadway project that are not currently connected to the system (this included the stub on Lot 8), but inay wish to be connected if developed in the future. There are also 2 existing homes without stubs that may want or need service in the future if their on-site systems fail. • The information regarding system capacity and current flows is based on Washington County's records, but is not an engineering analysis of the current system and its capacity for additional use or expansion. The Continenzas indicated at the Planning Commission meeting on November 1 that they submitted a payment to the City in October, 2001 that they believed purchased a connection to the Anderson/Erickson system. Treasurer Colleen Firkus reviewed the City's records and found the record of the payment. The payment was for a road assessment on two parcels (one of those parcels is Lot 10, the other is not part of this application.) The Road Assessment did not include a charge for sewer hook-up. Based on the recommendation of Washington County Health Department staff, City staff recommended that the applicant should identify a location for an on-site septic system that will meet the County's requirements, and obtain the required wastewater system permit from the County. The applicant needs to obtain the permit before a building permit may be issued. The applicant has been working with Pete Ganzel to identify a site for an on-site septic system that would meet the County's requirements. The system design may reyuire a variance in order to allow for a higher mound than meets the County design standards. A condition has been included that the applicant should identify a location for an on-site septic system that will meet the County's requirements, and obtain the required wastewater system permit from the County. The City Attorney indicated that approving the variance with this condition will grant the necessary variance for a septic system that meets the County's requirements. Stormwater Management and Land Alteration The Applicant should provide a full grading plan for proposed improvements on the site, for review by City staff. The City's Stormwater Management regulations require the following: • Development on the site shall minimize impacts to significant natural features. 14 Continenza Variance Request Page 5 November I5, 2011 Scandia, Minnesota • Development on the site shall meet the adopted water management rules and standards of the Carnelian-Marine-St. Croix Watershed District. • If needed, grading and best management practices for stormwater management should preserve natural vegetation, use natural topography, and other practices identified in the City's Development Code, Section 3.7 (D). A copy of the application was sent to the Carnelian-Marine-St.Croix Watershed District. The District reviewed the proposed project and provided the following comments (letter attached): • The project will need a Watershed District permit for storm water management and erosion control to mitigate the effects of increased impervious surfaces on the site. The applicant may be able to use the District's Small Residential Project Stormwater Worksheet. • The builder will need to complete the Worksheet and provide copies of the final survey, and other required information regarding stormwater management and erosion control. Landscape Plan The parcels proposed for development are wooded. The site visit noted that there are significant trees on the property, including significant oaks in the general area proposed for construction of the home and driveway. The City's ordinance related to landscaping and screening within Shoreland Areas includes the following requirements: • Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas is allowed. � Selective removal of natural vegetation is allowed, provided sufficient vegetative cover remains to screen cars, dwellings and other structures when viewed from the water. • The applicant should complete a Landscape Plan for the property that will identify existing si�nificant trees, those that will be preserved or lost, and tree replacement to meet the Development Code requirements. Theplan should indicate the vegetative screening that will remain between the home and the lake, as required bv the Shoreland Overlay District standards. Agency Cominents A copy of the application was sent to the Minnesota DNR, because the parcels are within the Shoreland Zone of Big Marine Lake. If comments are received from the DNR, they will be provided at the Planning Commission meeting on November 1. DETAILED DISCUSSION OF THE VARIANCE REQUEST The State of Minnesota has recently passed legislation modifying the statute regarding variances. The City Attorney has advised that we use the new state language for this application, and that the City's ordinance be updated to include the new state language related to the criteria for granting a variance. 15 Continenza Variance Request Page 6 November 15, 2011 Scandia, Minnesota The new language states that "Variances shall only be permitted when they are in harmony with the general purposes and intent of the official control and when the variances are consistent with the comprehensive plan. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the official control. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the official control. `Practical difficulties, 'as used in conrrection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not peYmitted by an official control; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted will not alter the essential character of the locality. Economic considerations alone do not constitute p��actical diffculties. " FINDINGS The following bullets present the Planner's findings related to the Thompson 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 ure in harmony with the general purposes and intent of the official control. Granting the requested variances is generally in harmony with the purposes and intent of the Comprehensive Plan to allow continued residential use in the lakeshore areas within the developed lakeshore areas in the General Rural District. • 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 uses in the General Rural District and the Shoreland Management Overlay District, and the proposed use is therefore a reasonable use of the property. The applicant is requesting the following variance from the official controls: A variance from the required lot size to allow a .97 acre lot. The development code specifies that lots in the General Rural District be a minimum 2.0 acres in size. • The practical di�culties are not caused by the landowner, and are unigue to the property. The practical difficulties are caused by the size of the existing nonconforming lots. The difficulties are unique to the parcels, and were not created by the current landowner. • The variance would not alter the essential character of the area. The surrounding area is a developed lakeshore area. Many lots are smaller non-conforming residential lots. The area includes many mature trees that help to screen the homes from view from the lake. If significant numbers of mature trees are lost on the site with development, the structure could be readily visible from the lake and surrounding neighborhood. The Planning Commission should discuss this issue as it discusses the variance request for the property, in light of the variance statute criteria that "the varia�ce, if granted will not alter the es.sential cha��acter of the locality. " The Commission may 16 Continenza Variance Request Page 7 November 15, 2011 Scandia, Minnesota consider requirements for replacement or addition of trees to screen the structure to help to preserve the character of the area and views from the lake. • Economic conditions alone shall not constitute practical difficulties. The practical difficulties are primarily related to the size of the existing nonconforming lots, not economic conditions. 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 recommend approval of the proposed variance for a .97 acre lot for the property located at l 1085 189th Street North. If the Planning Commission recommends approval of the variance, the Planner recommends the following conditions for the variance: 1. The development on the property shall be in substantial compliance with the site plan and related materials submitted to the City on October 11, 2011. 2. The Applicant shall prepare and file the deed for the lot line adjustment. 3. The two parcels shall be combined into one parcel, and the deed recorded at Washington County before construction of the improvements on the property. 4. The Applicant shall submit a Landscape Plan that meets the requirements of the Development Code and Shoreland Overlay ordinance to the City for approval by staff. 5. The Applicant shall provide a grading plan for proposed improvements on the site, for review by City staff. 6. The Applicant shall obtain the required Watershed Permits for stormwater management and erosion control. 7. The applicant should identify a location for an on-site septic system that will meet the County's requirements, and obtain the required wastewater system permit from the County. The applicant shall obtain the wastewater system permit before a building permit may be issued. 8. The lowest floor elevation of the home must be 2 feet above the 100-year flood elevation or 3 feet above the highest know water elevation on Big Marine Lake, to be verified with the Building Permit application. 9. The Applicant shall pay all fees and escrows. 17 I Fite No. APPL�CATION FUR PLANNING AND ZONING RCQUEST City of Scanaia, Minnesata 14727 209th 5trcet North,Scandia,MN SS073 Phone bS 1/433-2274 Fax 651/433-51 l2 Web http_//�ww.ci.scandia.mn.us Please read before cornpleting: The City will not begin processing an application that is incomplete. Detailed submission requirements may be fotuid in the Scandia Development Code,availat►le at the City office and websita(www.ei.scandis.rrtn.us)and in the checklist forms for the particutar type of epplication. Applic;ation fees are due at the time of application and are nat refundable. 1. Property Location: (.ctreet a�ress, i apptic ble 3 ,s r i`YI a.ri he o ' 1�`1 , ; , 2. Washington Coanty Parce[ID: '-`i °" ��� � 0 � Z00 S D Z 2- D 3. Complete Legul Description: (attach if necessary) �o�s � � 10� AvK�er5oY15 ��� �.�2 ��.� ���. 3 l,i,�.5�,�� {-ov� C,a, lM� 4, Owner(s): Phone: ;y,� � �c-�cf i Co►��-i vt�� z.�. �h� �SZ - B�Zr I ZZD �b� �IZ - 8�`T - �8`� Street Address: '�`-j 1 .J,!" �� Sb�✓� G'��e�-Mail:������o������1> a � � • , ) g City/State: ��PiV 1 I ��� i'Y �� Zip: �J��`7� 5. Applicant/Contact Person: Phone: �f� 1���er cn� 2(�3 -�9�z^ Sz�� �af�s �vr�. �ev2 1'Y�P,�T ro) Z 1 g - Q�3( - c��Z � (�� M Street Address(Mailing): E-Maii:��i"� ���5e��� I 3 c3Z_`-1 G��.�c` 3� �(�� 2 City/State: Zip: ros (o:, e b. Requestec!Action(s): (check all lhat apply) � Variancc __ Administ�'ative Permit _ Amendtttent (De�'e�vPment Code) Variance Extension �type� — —�' "- � AroenAment(Comp.Plan) T Gonditiona)Use Permit(CUP) � Site Plen Review �kYpe)--- _ . � Subdivision,Minor Cl1P Extension CUPI Open Space Subdivision. -- Site Plan M.odification � Subdivisian,Preliminary YIaUMajor � CUP/Planned Unit Dsvelopment , Site Plan Extension � Subdivision,Final Plat ' Interim L`se T'emtit Q{JP) — S►gn(Permanent) _ F,nyiro�ental Review Ill19/2010 18 7. �3rief Description of Request: (attach separate.shcc�if necessary) a,' i Y� r-� or w �'.oVls'�Y'uCT 1 c�v1 f�tn `T 1n� C r^i� e se,� ,� r�`c � I 1'z ac r�e��, � �X' � ►� �t- o . � v v'r�e �vv� o s c 8. Project Name: , � Covr�v� - �' r,'n i hereby apply for consideration of the above described request and deciare that the information and materials submitted with this application are compiete snd accuraie. 1 understand thai no application shall be eansidered complete unlass accompanied by fees as required by city ordinance. Apptications for projects requiring more than one type of review shali include the cumulative total of all applieation fees specified for each type of review. I undersiand that applieants are rec}uircd to reimburse the ciTy for all out-of-pockei costs incurred for processing,reviewing and hearing the application.'fhese costs shall include,but are noi limited to: parcel searches;publication and mailing of notices;review by the city's engineering,planning and other eonsultants; legai costs,and reeording fees. An escrow deposit to eover these costs witl be collected by the city at the time of application. T'he minimum escrow deposit shall be cumulative total of atl tninimum escrow deposits for each type of review required for the project,unless reduced as provided fos by ordinance. The city may increase fhe amount o�the required escrow deposit at any time if the city's wsts are reasc�nably expected to exceed the minimum amaunt. Any balance remaining after review is camplete will be refunded to the applicant. No interest is paid on cscrow deposits. PLEASE NOTE: if the fee owner is not the appiicant,the appEicant must provide written authorization by the fee owner in order for this application to be considereci eomplete. Pruperty Fee Owner Signature(s) Date: ...... .- �� ��/ r �. �'�"?���- �/ �.,-�3YL��C•1-�%:�-- ~Lr' �; � / Applicant Sigw+ture(s) Date: �� For City llse Ooly ���-� Application Fees: � �� _ ��� �U.s "j -� � � t Escrow Deposit: c�`� 11/19/2010 19 ��C�i�/ED ''�'c:� 1L��clrn�a•fl���3x•r;�;��r�� �r�c �r•���z: tAa�t�ioix;; �E•ua�{��� ; , ,; �l l�{) Oza��lc ;\ve N 70�U I�[c��ilott�Ct YO L`�x(� Ruc'.:ford;i�°I1�1 S>373 CITY OF SCANDIA Scandi��,1IN "5037 Re: Wett�t�d Assessmenc— 13�SU 1��'�' St;`;. �'�A1C111(:011 �I. �1"OlY,\�Il�l SSQ�l7 �i�e�r}��tiot;: I33SQ 188`�, St\. iblarine oF St. ('rois, Z.�I�1. Tlu'cc sl�oreline lois ori 13ig Nlari��e Lakc. (I,ot,, A 9, 10, �lncle:rson's l3ie L.ake.7."`� adclition, Git,of Scandi�; 1�'asliinglo�i County, )���N� �1t the rcquPst of Landmarl: Sui�v�yin�., on I Oi lr?U 11 a ���etland�lss�"'S111PI1t\V15 111ACI(:011 IIIP, i�roperty id�:ntilir:d ahovc anci l�ro�°id�ci i,�tt�c attacl,me��ts to th;s I.�tter. I;��#��Q�: Ciiven the inventury��ntl su��trey inlurmation�i�ailahle. a"Routine Detern�iri�tion''metho�l �j�,is fc�llo�vea 4vhiclt is a sim�le, I'�I�)1CI1)'1���7I1Clj]11�i�tOC�tll�l'1'eSUllti lll SL1f�7C1e111 C�L1ft�it:lflVC C�flla �or malcin� a�leteruunatio�i as�1�scriUcd in tlle 19�Y7 Co�l�s r�f�J1,;if�e�v�s TTJel�arrd D�J��zecrlivn ,l�l�rnu�rl («�atel�vay5 I:�:pe►•iment�ealion Tecimical R�•port Y-87-1,January. 19�71 �nd tlie Re�.ional Supplement to the�'�ips of En�ineers ��JetlAnd Delineation Utzni�al—\Toi7licenlral and No���h�<,,st Regioia. rn addilioii, an onsite ins�cction ti��a:� bi�etly coiiclttcCetl �ii 10;7�11 lo verify lhc int�cntory�nd tiur�:.�� dail�ccur�cy. 'I'he infonnatiou oUc��ined ii�th:. �ilac3�ment5 inciudin�tlic soii :in'vey,N���[, aeri�l photo`raph��,:;urv�v inioz•n�ation. and unifornlit�� ��f the sit�� appcars t� be suf�cicni ior mal:in�a detc�•mina�ion for tlie��re�posed projcct. �oils: "['he pai'CCI CO17S15tS Illr1111�}� of�lnoka lo�my fi�ic sand. This is a n�n-hcch'ic �,S�cll drained soil aud the elevation is i-r�m 2 to'?0 leet aUo�:e tl�c UH�V.1'he remaining pzrcel do�vn to the OH1��ar�tj the southw::st property liize�ippears to be historic suid fill. I�c$ruio,. : '�lo I�ydrology indicatc�rs or criteria ���ere ic�entified abc�ve the surveycd OHW. �'d�e�Rtiu�z: The�egctatio��is typical n1o����d Itentucicy blue grass la��n clo}vn ta a sand beach at th�(1H1�J. '�1e�landllU�lland.Assss�rttep�t: Ciit�en the info�tination aUo�T�,� Routine Deien�linntioi�can be mlde thtrt�ao�ve#la►xc�s e�ist on site al�ove the UH\�J. :\t i;xisting conditions,t11�CUI1'Cill SLil'VZyed Ol�� appcars to be tfie extenl of�uly j�u�isdictiou�ketlaiids. Tl�is OII\��Uouudary appea�'s to folio�v the southerii��nd south��est propertti�lincs. If uppropriate erosion controls are insialled�nd inaintained, the proj�ct as proposed on thc Cez'tificate of Sui��e�� (attached) should be coiisidered a no-net loss uudcr the�VetJ�u�d Conservatiou 11ct. If anv additional u�toi•matio�� or questions arise,pl�ase fr:el fi�e:e to contact me at 763-�77-5961. Tony Brol�rh C�riitiGd Wetla�ld Drline�tor �. ; ;. 20 - :8 -_ - uunopuolBuiyseM'llDZ148uFdopp .u.us ..s..�c„o�_�.�o, � '�,` �� i � ' �� ea � K' E?> �� � Q � � � a . s ��� � � � :.�� � i� K 8� ��� � � � ! � � � nl � � ��� � Q a R � � i �4;'a S a s� ♦ '1'�p � ��:� � � e . �' ��' �' ` ; n- � � g , , ;'/ �p� ! � iK, i � ; ��r- � � ' , I � ,��+��: I ' p +- a i e • :�'T�a ^ �R� �i I e R� � �� x � _"�,,� "�%1" C I a 3 �� `�\ �• ,�„ // C,`oO`�\O �C�1\�� g � '� ( '� sc'����\� �(_� `_A-1 � �„� � � " �Sp� ��_1__�_� ,. .� " 8, ,�" �p� i � i � i � _+_ e _ , � .Q� �--1 ;-a_� i � � , �. 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C.'M.r I`.-`II � 23 CERTIFICA'�'E O�' STJRVE�' LOTS NINE AND TEN, ANDERSON'S BIG LAKF ?ND ADDIYION, SECTION 34, TOWNS41iP 32 NORTN� R..NGE =0 WEST, CIT1' OF SCAKDIA, WASNI4GTON CpUNTr I-1iNNE50TA E7CISTINC� LOT LAYOLTT - AND ��� � 7'OPOGRAPHY .', I88� �� ��- -- — ` . _ , -��� ` -__ \ � � SURVEY PREPARED FOR . � _`-� -���C(( rn '_�� ��. � JAMES V.ANll SANDt2A K.C:UN'1'INFN"LA "" �_-` '-��������CC' ' �.��` � - .�___—�_FI jA 'X� \ : 17715 Xn.sbury Circ'• —' �~��� � ��`\ � l..kco.r. l'�n.n:soto 550'4 �C1� S?'� "��� 7a5 _`-\� ET ��� SIYE ADDRES9 �tAf.e `���� '�..,,��\ 13J.:0 IG:th 5(�r:f':arth a � ���`� � �\ '�a"vre on SL Gax,!�d�v�r.;ota, 5504? r- � � �. � � 1 � ��, w�a � ca,ana J n ,J..'' 1�;_ �\\� \\ r I �! -� ��6����\ \� ._..J � ,�w.�.ry D� \ � '_l.�. , fP� \ ��.� :1: r .,. �?q b h�'..: r . _ a''�,.�y_J,���' �6�6� \ � � ✓,_ , .a�e r�T� �7f', yw;!. ��I �1' \ \ __...._ `�� �y `�na . ua. qtl+:� . 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