Loading...
7.b 1 Variance application for setbacks at 13424 182nd Memorandum To: Scandia City Council Reference: 13424 182nd Street North Variance Request Copies To: Neil Soltis, City Administrator Brenda Ecklund, City Clerk James and Barb Riehle, applicants Project No.: 16322.010 From: Sherri Buss, RLA AICP, Planner Routing: Date: June 11, 2018 SUBJECT: Request for a Variance from Required Setbacks in Shoreland District to construct a residential use MEETING DATE: June 19, 2018 LOCATION: 13424 182nd Street North PID 3403220330008 APPLICANT: James and Barbara Riehle 10950 Norell Avenue North Stillwater, MN 55082 ZONING: General Rural (GR) District and Shoreland Overlay District 60-DAY PERIOD: July 13, 2018 ITEMS REVIEWED: Application, updated survey, and supplemental information received May 14 and 21, 2018 BRIEF DESCRIPTION OF THE REQUEST: The applicants are proposing to build a new year-round cabin and related structures on a vacant parcel at 13424 182nd Street North, within the Shoreland Overlay District of Big Marine Lake. The proposed cabin location would require a variance from the City for the required structure setbacks from the roadway right-of-way and from the bluff line, and from Washington County for the proposed septic system. The area of the parcel above the Ordinary High Water Level 13424 182nd Variance Request Scandia City Council Page 2 June 19, 2018 (OHWL) is approximately 0.30 acres and it is located in the General Rural (GR) District and the Shoreland Overlay District of Big Marine Lake, a Recreational Development Lake. BACKGROUND The applicants are proposing to construct a new year-round cabin, septic system, well, and driveway on the parcel at 13424 182nd Avenue North. The proposed locations of the cabin and structures require a variance from the dimensional standards in the Shoreland Ordinance:  The proposed building location is approximately 17 feet from the roadway right-of-way. The required setback is 40 feet.  The proposed structures are located on the bluff, and would not meet the required 30’ setback from the bluff line. The entire parcel is located within the bluff area on slopes greater than 18’.  The proposed well is located approximately 5’ from the roadway right-of-way (30 feet from the edge of the roadway), and the required structure setback from the right-of-way is 40 feet. The proposed septic system requires a variance from the standards in the County’s Subsurface Septic System (SSTS) Ordinance. The applicants have applied to Washington County for the necessary variances, and the County has stated that it will grant the variances if the City grants the variances required for the proposed location of the primary structure and well. EVALUATION OF VARIANCE REQUEST Comprehensive Plan The Comprehensive Plan describes the General Rural District as a residential area of mixed lot sizes. The Plan supports single-family residential uses in the GR District, and states that overall density in the District should meet the Metropolitan Council requirement of no more than 1 housing unit per 10 acres, but acknowledges that there are a significant number of existing smaller parcels in the District, that areas around the lakes in Scandia that do not meet the lot size and density standard, and that this will continue. The Comprehensive Plan includes goals to protect the water resources in the City through enforcement of the City’s ordinances, including the Shoreland ordinance. The Comprehensive Plan also includes goals to protect bluffs and steep slopes from the impacts of development. The proposed conditions for approval require that the applicants obtain and comply with City and Watershed Permit requirements to manage stormwater runoff, construction on the slopes, and potential erosion and sedimentation in order to be consistent with the goals and policies of the Comprehensive Plan for uses in the General Rural and Shoreland Overlay Districts. The applicants have located the cabin and driveway as close to the roadway as possible, to maintain the required structure and septic system setbacks from the OHWL of Big Marine Lake. Protecting the lake is a higher priority than maintaining the setback from the roadway right-of- way. If the applicants obtain the required permits and meet the conditions, the proposed use will be in harmony with the goals of the Comprehensive Plan and official controls. 13424 182nd Variance Request Scandia City Council Page 3 June 19, 2018 Development Code Requirements: Lot Size and Setbacks The area of the applicants’ parcel that is above the OHWL is approximately 13,244 square feet in size (approximately 0.3 acres) and is a legal nonconforming lot in the Shoreland Overlay District. The table that follows identifies the required setbacks in the Shoreland Ordinance and the applicants’ proposed setbacks: Structure OHWL Setback Required Bluff Setback Required ROW Setback Required Side Setback Setback Proposed Building 100’ 100’ Building 30’ 0’ Building 40’ 17’ Building 10’ 10.3 and 12.3’ Septic System 75’ 75’ Septic System 30’ 0’ Septic System 40’ 55’ Septic System 10’ 10’ Well 40’ 5’ (35’ from the road) The proposed cabin and well require a variance from the required setback from the roadway right-of-way, and the home, and septic system require a variance from the required setback from the bluff line. Accessory Structures There are no existing or proposed accessory structures on the parcel. Lot Coverage The Shoreland Overlay District permits up to 25% lot coverage. The surveyor calculated the proposed impervious cover to be 16.3%. The proposed structures meet the impervious cover requirement of the ordinance. Building Height The maximum structure height permitted in the Shoreland Overlay District is 35 feet. The applicants estimate that the building will be approximately 25 feet in height. The conditions for approval require that the building inspector shall verify that the proposed structure height meets the ordinance requirement. 13424 182nd Variance Request Scandia City Council Page 4 June 19, 2018 Driveway Access The site plan includes a proposed driveway. The City Engineer’s comments included the following conditions for the proposed driveway:  The applicants shall provide a detailed grading plan that includes the grades f or the proposed driveway. The existing grades in the driveway area appear to be around 23%. My concern is what the driveway/garage floor opening elevation will be as they try to match the road elevation, and what the height from the driveway to the east side of the driveway will be. Wastewater Treatment and Well The applicants are proposing a new well and septic system. The proposed system will require a variance from Washington County to accommodate a system design that will work on the steep slopes on the parcel. The County provided the following comment to the applicant regarding the septic system: “Our department has reviewed your application for a subsurface sewage treatment system for property described as Geo Code: 3403220330008. In order to continue to process your permit, we will need you to submit an approved variance, approved by the City of Scandia for bluff-line setback requirement as outlined below:  Variance from the required setback from occupied buildings—10 feet for septic tanks and 20 feet for drain fields. (The proposed trenches are 10’ from the house.) Washington County will grant this variance from its SSTS Ordinance setback requirements.  Variance from the required setback from the bluffline: 30 feet.” The applicants have requested that the City grant this variance. The County also commented as follows: “Our main concerns are system operation and public health/safety. Having the system closer to the home than the ordinance requires is not optimal, but shouldn’t impact its operation in this case. Due to the steepness of this lot and that the proposed 2-bedroom house is a walkout, the trenches will be several feet lower than the lowest level of the house, and therefore shouldn’t pose a health risk to the home or its occupants. Other than the setbacks, the design falls under the ‘standard’ Type 1 system requirements.” The proposed septic system location meets the setback requirements from the OHWL of the lake (75’) and from the proposed well location (50’). The proposed well location requires a variance from the required setback from the roadway right-of-way in order to meet the required separation from the septic system. The City Engineer proposed the following conditions for the septic system and well:  Washington County shall review the proposed septic system locations and related sewer work, and the applicant shall obtain all necessary County approvals.  The Minnesota Department of Health shall review the proposed well and related work and the applicants shall obtain all necessary approvals. The Carnelian-Marine-St. Croix Watershed District submitted a comment to the Administrator that Minnesota Rules require that seepage septic systems shall be located on slopes of less than 6%. The County responded to this information, and stated that the County is aware of this 13424 182nd Variance Request Scandia City Council Page 5 June 19, 2018 requirement, and did not allow seepage beds in the system design. The system will use trenches instead, which do not have the same slope restrictions. Vegetation The Shoreland Ordinance permits vegetation alteration necessary for the construction of structures and sewage treatment systems under validly-issued permits. The ordinance also requires that vegetation clearing be limited in shore and bluff impact zones and on steep slopes, except to provide a view to the water from the principal dwelling and accommodate the placement of stairways or pathways. The Planner has included a condition for approval that the applicants shall identify the areas on the plan for proposed vegetation removal and protection. Vegetation may be removed for construction of the cabin and related structures, but existing vegetation outside the area required for construction shall be preserved and protected from construction impacts. The grading plan shall identify the vegetated areas that shall be protected, best management practices that will be implemented to protect the vegetation outside the areas disturbed for construction, and the timetable and methods for stabilizing the disturbed areas in the short and long-term. Stormwater Management and Watershed District Comments The Planner sent the application to the Carnelian-Marine-St. Croix Watershed District (CMSCWD) for comments. The CMSCWD’s provided a comment about the proposed septic system, noted above. The Planner has included a condition for approval that the applicants shall obtain all required Watershed District permits. The City Engineer provided the following comments and recommended conditions related to stormwater management:  The applicants shall provide a detailed grading and stormwater management plan to the City for review and approval by the City Engineer.  To prevent drainage onto adjacent properties, the owners shall provide and complete grading along the side lot lines to direct drainage onto their parcel, and depending on the roof pitch direction, should consider installing gutters and rain leaders.  Soil piles from the excavation for the proposed work shall be handled with care. Material should be hauled off-site immediately, or stored in a manner that has perimeter protection.  All erosion control devices must be installed before any construction work begins. The Planner included the Engineer’s proposed conditions for approval of the variance request. DNR Comments The Planner sent the application to the DNR for review and comments. The DNR responded that the agency has no comments on the variance request. 13424 182nd Variance Request Scandia City Council Page 6 June 19, 2018 CRITERIA FOR VARIANCES AND FINDINGS Chapter 1, Section 6.0 of the Development Code includes the criteria and required process for considering variance requests. Variances may only be granted when the terms of the variance are consistent with the Comprehensive Plan and in harmony with the general purpose and intent of the development code. The other variance criteria in the Development Code 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. Applicant’s Rationale for the Variance and Discussions with the City The applicants’ survey notes that the entire parcel is within the bluff setback area, and therefore any development of structures on the parcel will require a variance from the bluff setback requirements. The applicants noted the following:  The proposed year-round cabin and septic system locations meet the required setback from the OHWL and the location requires a variance from the roadway setback. This is consistent with previous city approvals that prioritize the lakeshore setback over the setback from the roadway ROW.  The proposed septic system location is the area on the parcel where the slope is the shallowest, soils meet the requirements, and where the system is down-hill from the house. The applicants have worked with the County to design a system that meets state and county requirements. Variance Request and Findings The following bullets include the Planner’s findings related to the Reihle request for a variance. Each of the criteria is shown in italics:  Variances shall only be permitted when they are in harmony with the Comprehensive Plan and general purposes and intent of the official control. The proposed residential use is consistent with goals and policies for the General Rural District in the Comprehensive Plan and general purposes and intent of the Development Code. The Comprehensive Plan and Shoreland Ordnance include policies to preserve steep slopes and meet setback requirements. The proposed variance preserves the required separation between the lake and the house and septic system, and between 13424 182nd Variance Request Scandia City Council Page 7 June 19, 2018 the septic system and proposed well, by granting a variance from the required structure setback from the roadway. The entire parcel at 13424 182nd Street North is located within the bluff area, and it is not possible to develop a residential use on the parcel without a variance from the bluff setback requirement. The conditions for approval require that the applicants complete a detailed grading plan for City approval, and that they obtain all required permits for grading, erosion and sediment control from the City and Watershed 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 in the General Rural District and Shoreland District, and are a reasonable use on the parcel.  The practical difficulties are not caused by the landowner, and are unique to the property. The practical difficulties are unique to the property, and include the bluff that exists over the entire parcel, the location of soils and slopes best suited to the septic system location, and the existing size of the parcel. The parcel could not be developed for the proposed use without a variance. The practical difficulties were not created by the landowner.  The variance would not alter the essential character of the area. Granting the variance from the setback from the roadway right-of-way and bluffline would not alter the character of the area. The neighborhood includes homes of similar sizes and locations.  Economic conditions alone shall not constitute practical difficulties. The practical difficulties are not related to economic conditions alone, but are caused by the bluffs that occupy the entire parcel, the location of soils and slopes suitable for the proposed septic system, and the small size of the existing parcel.  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. The proposed residential use will not impair the supply of light or air to adjacent properties or increase congestion, endanger the public, or substantially diminish or impair property values in the neighborhood.  The requested variance is the minimum action required to eliminate the practical difficulty. The requested variance is the minimum action required to develop a residential use on the parcel. The proposed primary structure, septic system and well locations preserve 13424 182nd Variance Request Scandia City Council Page 8 June 19, 2018 the required setback from the OHWL of Big Marine Lake and the required separation between the septic system and well by granting a variance from the required setback from the roadway right-of-way. A variance is required from the bluff setback for the development of any structures on the property because the entire property is located on a bluff.  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. The findings support granting the variance. PLANNING COMMISSION PUBLIC HEARING The Planning Commission held a public hearing on the variance request at its meeting on June 5. The Commission heard comments from several residents about the request, summarized as follows:  A concern about the distance between an existing septic system on a neighboring property that is a nonconforming system and does not meet the setback requirement from the side lot line and the proposed system, which does meet the required side lot line setback.  Concerns that the property is “unbuildable” and a comment that no variances should be granted.  Concerns that different standards were applied for others who requested variances in the past from the standards applied to this variance. Example cited septic systems that did not meet the setback requirement from the OHWL and were required to be located between the house and the road right-of-way in order to meet the setback requirement.  Concerns about parking on the City’s right-of-way due to the proposed variance from the setback.  Concerns about the number of variances needed to develop the residential use on this property.  Concerns about the potential for well contamination by salt used on City streets in the winter The Planning Commission discussed the comments, and requested that the Planner explain that the parcel meets the definition of a “nonconforming” lot rather than an “unbuildable” lot and requested that she explain the ordinance and statutory regulations for a nonconforming lot. They requested that the Planner explain the recent legislative changes that require that variances meet the “practical difficulty” criteria now rather than the “hardship” criteria that were used in the past, as this may explain some of the differences in variances that occurred prior to the Krumenacher case decided by the Minnesota Supreme Court in 2010. The Planner reviewed the current criteria for granting variances, and her findings for this request. Planning Commissioners noted that the County will issue the permits for the septic system, and the landowner with the nonconforming septic system should contact the County about whether the proposed system, which meets setback requirements, could impact his system. Commissioners asked the age of his system and he indicated that it is about 30 years old. Commissioners noted that the home would need to follow any City regulations related to parking 13424 182nd Variance Request Scandia City Council Page 9 June 19, 2018 in the right-of-way. The City Administrator noted that the proposed well location is approximately 35 feet from the roadway. The Planning Commission noted that they have approved multiple variances in the past to permit the development of a single-family residence on a small nonconforming parcel in the Shoreland District. Each of the variance requests was analyzed based on the same “practical difficulties” criteria, and required to meet the criteria. Each parcel and situation is unique, because the criteria require that the variance be based on unique physical elements of the property (the “practical difficulties”) that prevent the applicant from meeting the dimensional standards in the ordinance. The Planning Commission concluded that they agreed with the staff findings and proposed conditions for the variance request, and recommended that the City Council approve the request with conditions. ACTION REQUESTED: The City Council can take the following actions for the variance request: 1. Approval 2. Approval with conditions 3. Denial with findings, or 4. Table the request PLANNING COMMISSION RECOMMENDATIONS: The Planning Commission recommends that the City Council approval a variance to permit the construction of a new year-round cabin that is a minimum of 16.9 feet from the roadway right-of- way and a well that is approximately 5 feet from the roadway right-of-way on the parcel at 13424 182nd Street North. The variance permits construction of the cabin and related structures with a setback of 0.0 feet from the bluffline. The Planner recommends the following conditions for the variance: 1. The development of the parcel shall be consistent with the Certificate of Survey provided to the City on May 21, 2018. 2. The applicants shall obtain Washington County’s approval of the variance needed for the subsurface sewage treatment system (SSTS) and obtain all required approvals for the system and its construction. 3. The applicants shall submit a detailed grading and stormwater management plan for approval by the City Engineer prior to approval of the building permit. The plan shall include the grades for the proposed driveway, and shall show the proposed driveway/garage floor opening elevation. 4. The applicants shall identify the areas on the plan for proposed vegetation removal and protection. Existing vegetation outside the area that will be disturbed for construction of the cabin shall be preserved and protected from construction impacts. The grading plan shall identify the vegetated areas that shall be protected, the best management practices that will be implemented to protect the vegetation outside the areas disturbed for construction, and the timetable and methods for stabilizing the disturbed areas in the short- and long-term. 13424 182nd Variance Request Scandia City Council Page 10 June 19, 2018 5. To prevent drainage onto adjacent properties, the applicants shall provide and complete grading along the side lot lines to direct drainage onto their parcel, and depending on the roof pitch direction, should consider installing gutters and rain leaders. 6. Soil piles from the excavation for the proposed work shall be handled with care. Material should be hauled off-site immediately, or stored in a manner that has perimeter protection. 7. All erosion control devices shall be installed before any construction work begins. 8. The applicants shall obtain a building permit for the proposed development of the site. The building inspector shall verify the height of the structure is consistent with the Shoreland Ordinance requirement. 9. The applicant shall obtain the required permit(s) for the new well and related work from the Minnesota Department of Health. 10. The applicant shall obtain any required Watershed District permits. 11. The applicant shall pay all fees and escrows associated with the variance application. OHE OHE OHE OHE OHE OH E OHE SB-4 SB-6 SB-5 SB-3 SB-2 SB-1 W 3 0 3 0 CERTIFICATE OF SURVEY WIDSETH SMITH NOLTING Engineering | Architecture | Surveying | Environmental FILE NUMBER: SCALE: DATE: CHECKED BY: DRAWN BY: DATE DATE:LIC. NO. PREPARED FOR: I HEREBY CERTIFY THAT THIS SURVEY, PLAN, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF AMENDMENTS BY MINNESOTA KLJSeptic - OHW DimensionMay 18, 2018 1290F0098.001 KLJ KLJ AS SHOWN MAY 11, 201`8 4264805-11-2018Kelly L. Jordan BARBARA RIEHLE © 2018 WIDSETH SMITH NOLTING LEGEND FOUND MONUMENT EXISTING DESCRIPTION (Document No. 3993424) Lot 7 of Herbert Engquist Subdivision, Washington County, Minnesota. PROPERTY SUMMARY 1.Subject property identification number is 3403220330008, the parcel is vacant. 2.Soil Test Area based on mapping done by Brian Humpal, Inspect Minnesota & Midwest Soil Testing 651-492-7550. Test Area as shown = 4,460 sq.ft. 3.The subject property is zoned Shoreland Overlay District, per City of Scandia. Buidling Setbacks are as follows: Septic Setbacks are as follows: 182nd St. North = 40 ft.Tank Treatment Area Side lot line = 10 ft.Buildings = 10 ft. 20 ft. OHW line = 100 ft. Blufflines = 20 ft. 20 ft. 4.The slope across the parcel exceeds 18% to the edge of the roadway. The building setback is shown graphically from the lot line. 5.Elevations shown hereon are based on the NGVD 29 Datum 0 Scale In Feet 6030 TELEPHONE PEDESTAL UTILITY POLE Lot Areas (square feet) Total Area above OHW 13,244 House and Garage 1,664 Concrete drive and sidewalk 491 2,155 PROPOSED IMPERVIOUS = 16.3% W PROPOSED WELL (MINIMUM 50 FT. FROM SEPTIC AND 3 FT. FROM STRUCTURE) Reihle Variance From: Joe Sanders [mailto:Joe.Sanders@co.washington.mn.us] Sent: Wednesday, June 13, 2018 3:52 PM To: Sherri A. Buss; jshaver@cmscwd.org Cc: n.soltis@ci.scandia.mn.us Subject: RE: Reihle Septic Hi Sherri, Hi Jim, There isn’t a maximum allowable slope for trenches in either the state code or our ordinance. Trenches are narrow enough, 36 inches, that there isn’t the same concern as with 10 foot wide seepage bed. Even with a steep site like this one with 12-18% slopes the elevation difference over that 36 inches isn’t great enough to be an issue. If the slope was very steep like greater than 25% it could pose some challenges in terms of moving equipment around but that would be a practical problem and it would not hinder the effectiveness of the system. Does this answer your question? Thank you, Joe Sanders | Environmental Specialist Washington County Department of Public Health & Environment 14949 62nd St N, Room 4600 | Stillwater MN 55082  651-430-6679  651-430-6730 Joe.Sanders@co.washington.mn.us _____________________________________________________________________________________ From: Sherri A. Buss [mailto:sherri.buss@tkda.com] Sent: Wednesday, June 13, 2018 8:55 AM To: jshaver@cmscwd.org Cc: n.soltis@ci.scandia.mn.us; Joe Sanders <Joe.Sanders@co.washington.mn.us> Subject: RE: Reihle Septic You would need to ask the County—as I have noted previously, they are permitting the septic system. Sherri A. Buss, RLA, AICP | Senior Planner, Planning Group Manager 444 Cedar Street, Suite 1500, Saint Paul, MN 55101 P 651.292.4582 | C 651.368.0665 sherri.buss@tkda.com tkda.com From: Jim Shaver [mailto:jimshaver1@hotmail.com] On Behalf Of jshaver@cmscwd.org Sent: Wednesday, June 13, 2018 8:51 AM To: Sherri A. Buss Cc: n.soltis@ci.scandia.mn.us; Joe.Sanders@co.washington.mn.us Subject: Re: Reihle Septic Sherri- I hate to be a nit-picker but it does not answer my question. They answered the question that the 6% slope does not apply to their current design. I would like to know if there is a slope maximum for their current design. Thank you. Jim Shaver, Administrator Carnelian-Marine-St. Croix Watershed District office 651-433-2150 cell 651-528-3463 21150 Ozark Ave. N., Scandia, MN 55073 cmscwd.org From: Sherri A. Buss <sherri.buss@tkda.com> Sent: Wednesday, June 13, 2018 8:43 AM To: jshaver@cmscwd.org Cc: n.soltis@ci.scandia.mn.us; Joe.Sanders@co.washington.mn.us Subject: RE: Reihle Septic Jim, The County’s response addressed that question—please review their response that was forwarded to you in the email. You sent a copy of the State rule that sets a maximum slope for seepage bed systems to Neil, and he forwarded it to me. I sent it to the County for comment for the Reihle application. Their response summarized: The County is aware of the slope standard—it applies to seepage beds only. They specifically required a trench design for the Reihle system because that design utilizes trenches, which do not have the slope restrictions. The County’s information will be included in the staff report for the Council packet. Sherri Sherri A. Buss, RLA, AICP | Senior Planner, Planning Group Manager 444 Cedar Street, Suite 1500, Saint Paul, MN 55101 P 651.292.4582 | C 651.368.0665 sherri.buss@tkda.com tkda.com _____________________________________________________________________________ From: Jim Shaver [mailto:jimshaver1@hotmail.com] On Behalf Of jshaver@cmscwd.org Sent: Wednesday, June 13, 2018 8:35 AM To: Sherri A. Buss Cc: n.soltis@ci.scandia.mn.us; Joe.Sanders@co.washington.mn.us Subject: Re: Reihle Septic Sherri: Is there a slope restriction in State Rule or Washington County ordinances that apply for the proposed system? Jim Shaver, Administrator Carnelian-Marine-St. Croix Watershed District office 651-433-2150 cell 651-528-3463 21150 Ozark Ave. N., Scandia, MN 55073 cmscwd.org From: Sherri A. Buss <sherri.buss@tkda.com> Sent: Wednesday, June 13, 2018 7:30 AM To: Jim Shaver Cc: n.soltis@ci.scandia.mn.us Subject: FW: Reihle Septic Jim—County response re the Mn Rules you sent to Neil. The system design the Reihles submitted is the one that Joe talks about below and the County would approve. Sherri A. Buss, RLA, AICP | Senior Planner, Planning Group Manager 444 Cedar Street, Suite 1500, Saint Paul, MN 55101 P 651.292.4582 | C 651.368.0665 sherri.buss@tkda.com tkda.com ____________________________________________________________________________________ From: Joe Sanders [mailto:Joe.Sanders@co.washington.mn.us] Sent: Tuesday, June 12, 2018 4:57 PM To: Sherri A. Buss Cc: n.soltis@ci.scandia.mn.us; Gary Bruns Subject: RE: Reihle Septic Hi Sherri, This requirement doesn’t actually apply to their design. This was something that was noticed during our review as well but the six percent slope restriction applies to seepage beds only and their design utilizes trenches which do not have the same slope restrictions. It was actually the cause for us to deny the design they had done previous to this one. I hope we’re looking at the same design. Neil mentioned that he was unable able to find the most recent design on RT Vision so I have included it in this email and re-attached it to their file online under the same name. In this design done in April, Brian Humpal replaced the seepage bed with trenches, which bypassed the slope restriction, which was the last snag in the design that did not meet 7080. I hope this is useful for any questions that might be brought up at the meeting regarding the slope. If you think there might be other questions or issues raised at the meeting that you’d like comments on just let me know. Thank you, Joe Sanders | Environmental Specialist Washington County Department of Public Health & Environment 14949 62nd St N, Room 4600 | Stillwater MN 55082  651-430-6679  651-430-6730 Joe.Sanders@co.washington.mn.us ________________________________________________________________________________ From: Sherri A. Buss [mailto:sherri.buss@tkda.com] Sent: Tuesday, June 12, 2018 7:53 AM To: Joe Sanders <Joe.Sanders@co.washington.mn.us> Cc: n.soltis@ci.scandia.mn.us Subject: FW: Reihle Septic Joe, Jim Shaver of the Carnelian-Marine-St.Croix Watershed District sent us the copy of MN Rule 7080 attached, related to the Reihle septic system variance request. Since the County’s SSTS ordinance notes that it was created to be compliant with Mn Rules Chapter 7080, is the Reihle system designed such that you are willing to give it a variance from this requirement? If you could give some comments on this is in the next day or so for the staff report that goes to the City Council this week, that would be helpful. We expect that this issue may be brought up at the Council meeting. Thanks, Sherri Sherri A. Buss, RLA, AICP | Senior Planner, Planning Group Manager 444 Cedar Street, Suite 1500, Saint Paul, MN 55101 P 651.292.4582 | C 651.368.0665 sherri.buss@tkda.com tkda.com From: Neil Soltis [mailto:n.soltis@ci.scandia.mn.us] Sent: Monday, June 11, 2018 3:04 PM To: Sherri A. Buss Subject: FW: Reihle Septic Sherri See the attached and info below from Jim Shaver. Neil From: Jim Shaver [mailto:jimshaver1@hotmail.com] On Behalf Of jshaver@cmscwd.org Sent: Monday, June 11, 2018 2:13 PM To: Neil Soltis <n.soltis@ci.scandia.mn.us> Subject: Reihle Septic Neil: Did you see the highlighted variance from the State Code attached? Jim Shaver, Administrator Carnelian-Marine-St. Croix Watershed District office 651-433-2150 cell 651-528-3463 21150 Ozark Ave. N., Scandia, MN 55073 e-mail JShaver@CMSCWD.org website www.CMSCWD.org Carnelian-Marine-St. Croix Watershed District Scandia Plaza II • 21150 Ozark Avenue • P.O. Box 188 • Scandia, MN 55073 • Tel 651.433.2150 June 14, 2018 Scandia City Council 14727 209th Street Scandia, MN 55073 re: CMSCWD Comment C18-009 variances at 13424 182nd Street Dear Council Members: Due to some confusion over the exact nature of the above variances, the District was unable to prepare and submit comments for the Scandia Planning Commission meeting on June 5th. However, I attended the meeting and felt that the nature of the variances required further investigation and discussion by the District Board of Managers. The following are the findings that the Board used to guide its comments: 1. Big Marine Lake is a high priority, high quality water resource for the Watershed District 2. The Carnelian-Marine Watershed District was formed to provide a project to lower, stabilize and outlet water levels on Big Marine Lake 3. In conjunction with that project, several 201 collector community sewer systems were built to replace inundated, failing septic systems on legal, non-conforming lots in certain neighborhoods around the lake. These failing systems were contributing to a decrease in water quality of Big Marine Lake. 4. The current proposal requests variances for building on a slope as well as front and side yard setbacks. 5. The approval of these variances is a condition of the County’s approval for the type and size of the applicant’s septic system and secondary location. Reciprocally, the County’s approval of the applicant’s septic system is a condition of the City’s variances. 6. At a minimum, the project will require a Watershed District permit for stormwater management as well as erosion control. We respectfully ask that you consider the following comments which are a result of a lengthy discussion and consensus by our Board of Managers regarding the variance requests: e-mail JShaver@CMSCWD.org website www.CMSCWD.org 1. Both temporary and permanent erosion control will be very difficult due to steep slopes and north exposure where establishing vegetation is problematic. Consideration should be given to a series of step down retaining walls which will control the rate of runoff downslope. 2. Due to constraints of lot size and slope there may not be adequate space on the lot for the construction of the required facilities for treatment of stormwater. 3. Alternative septic systems such as a holding tank should be considered since the system and secondary site are less than 10% of the County’s preferred square footage requirement for new sub developments. Because of the concerns addressed above, the Watershed District does not support granting of the variances necessary for this project as proposed. Carnelian-Marine-St. Croix Watershed District and the City of Scandia have developed a good working relationship based on each entity’s concern and regard for the water resources of the area. We have worked together on projects that both improve impaired waters and protect high quality lakes and streams. In consideration of this mutual regard, the District respectfully asks that the City begins to develop plans for the feasibility of connecting neighborhoods where legal, non- conforming lots such as this one can be connected to existing or new community septic systems to protect the long term water quality of Big Marine Lake. Thank you for your consideration of the comments above in your decision on the variances necessary for this project and if you should have any questions, do not hesitate to contact me or a Manager of the Watershed District. I will attend your upcoming meeting and be available for questions at that time. Sincerely, Jim Shaver Administrator cc’s (via email): Sherri Buss Scandia Planner Neil Soltis Scandia Administrator Joe Sanders Washington County Board of Managers CMSCWD