7.b)5) Staff Report-SundbergVarianceCouncil 9 16 14Memorandum
To:
444 Cedar Street, Suite 1500
Saint Paul, MN 55101
651.292.4400
Copies To:
tkda.cam
From:
Sherri Buss, RLA AICP,
TKDA
Planner
Memorandum
To:
Scandia City Council
Kristina Handt, City
Administrator
Copies To:
Rudy and Carol Sundberg
From:
Sherri Buss, RLA AICP,
Planner
Date:
September 9, 2014
Reference: Sundberg Variance Application,
City of Scandia
Project No.: 15485.016
Routing:
SUBJECT: Sundberg Variance Application
MEETING DATE: September 16, 2014
LOCATION: 21715 Quarry Avenue North
Scandia, Minnesota
APPLICANTS: Rudy Sundberg
21715 Quarry Avenue North
OWNERS: Alfred R. Sundberg, Jr. and Carol H. Sundberg, trustees
755 Palm Avenue South
Sarasota, Florida 34232
ZONING: Agriculture Core (AC) District and St. Croix River Overlay District
60 -DAY PERIOD: October 11, 2014
ITEMS REVIEWED: Application, Survey, Plan and description from septic system
Designer received August 8, 2014
BRIEF DESCRIPTION OF THE REQUEST:
The applicant is seeking to place a new septic system holding tank on the property at 21715
Quarry Avenue North to replace the existing privy. Placement of the tank will require a
variance from the Washington County Subsuface Sewage Treatment Ordinance (adopted by
reference by the City), and a variance from the rear lot line setback.
The applicant's parcel is approximately 2.57 acres in size. The property is located in the
Agriculture Core (AG C) District and St. Croix River Overlay District.
An employee owned company promoting affirmative action and equal opportunity
Sundberg Variance Staff Report
Scandia City Council Page 2 September 16, 2014
BACKGROUND
Washington County's Department of Public Health and Environment has recently received some
applications for sewage holding tanks for properties in the Shoreland District and St. Croix River
Overlay District within Scandia. The use of a holding tank rather than a mound system for
residential use requires a variance from Section 18.5 (2) of the Washington County Subsurface
Sewage Treatment System (SSTS) Ordinance, which states that "Holding tanks may be
considered on a permanent basis for non-residential, low water use establishments with a
sewage flow of 150 gallons per day or less, subject to approval by the Department or local unit
of government." Since Scandia is the zoning authority, the County is requesting that the City
review the variance applications and complete the approvals for these requests.
Pete Ganzel at the County indicated that the County believes that holding tanks are only
appropriate for "low use" residential uses—such as uses that are seasonal in nature (used less
than 180 days per year), and buildings that cannot be used as a year-round residence. Pete
also recommends that the owners agree to conditions regarding the maintenance of the system,
which should be included as part of the variance approval.
The SSTS ordinance requires mounds or other engineered systems for year-round residences
and larger cabins. (The County would not approve a holding tank as the septic system for the
Holloway cabin application that is currently before the Planning Commission, for example,
because the expanded cabin is large enough to be a year-round residence, and constructed in a
fashion that would allow it to be used year-round.) However, the County believes that the
holding tanks systems are the best option in low -use situations because they require a smaller
area on the site, and are likely to have less impact on vegetation, wetlands, and required
setbacks than mound or engineered systems. The County believes that this is an advantage of
the holding tank systems on smaller lots where vegetation disturbance and setbacks are a
concern, such as small lots within the Shoreland and St. Croix River Districts.
The County has recently begun a process to update its SSTS Ordinance. The County is
considering changes to the ordinance that will permit the use of holding tanks on low -use
residential lots. If the proposed changes are adopted, variances would longer be required for
holding tanks that met the low -use requirement.
The Sundberg property includes a small cabin area (280 square feet) that is not insulated. Pete
Ganzel and the septic system designer suggested that a holding tank is appropriate to meet the
septic needs in this case. The Planner has included an analysis of the variance request in
sections that follow, and proposed conditions for approval of the variance to address the future
use and maintenance requirements for the holding tank system.
DETAILED EVALUATION OF THE VARIANCE REQUEST:
The sections that follow discuss the criteria and rationale for granting a variance related to this
application.
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Sundberg Variance Staff Report
Scandia City Council Page 3 September 16, 2014
Comprehensive Plan
The Comprehensive Plan states that the Agriculture - Core (AG C) District is intended to protect
and encourage long-term agriculture. Residential development is also permitted as a secondary
use in the District. The Comprehensive Plan support protection of the St. Croix River, bluffs,
and related high quality natural areas in the River Corridor.
The ordinance that governs the St. Croix River Overlay District permits Single -Family
Residential and related accessory uses in the overlay district. It regulates the setback of
structures and septic facilities from the river and blufflines to protect scenic values, vegetation,
soils, water, and bedrock from disruption by structures and facilities.
The applicant is proposing to replace an existing privy that does not meet current Septic System
Ordinance requirements with a septic system holding tank, which requires a variance from the
SSTS ordinance. The proposed tank location meets the setback requirements from the St.
Croix River and bluff line, but requires a variance from the rear setback. Granting the variance
from the rear setback will allow the holding tank to meet the setbacks from the river and
bluffline, which are higher priorities for protection. Granting the variance to permit the use of the
holding tank rather than a mound or engineered system will minimize potential impacts to
vegetation, including wetlands and wetland setbacks, on the parcel. The proposed septic tank
is generally consistent with the goals and policies of the Comprehensive Plan and St. Croix
River Overlav District standards.
Development Code Requirements: Lot Size and Setbacks
The applicant's lot is 2.57 acres in size and meets the minimum lot size requirements in the AG
C District and St. Croix River Overlay District. The AC C District permits lots of 2-5 acres and
20 acres and larger in size, and the minimum lot size in the St. Croix River Overlay District is 2.5
acres.
The required setbacks for on-site septic systems in the St. Croix River Overlay District and AG
C District are the following:
On-site septic system setback from the OHWL: 200 feet
On-site septic system setback from the bluffline: 40 feet
Side setbacks: 20
Rear setback: 50 feet
Minnesota Rule 7080.2150 requires that septic tanks be setback a minimum of 10 feet from
other structures, and 10 feet from property lines, unless a variance is granted by the local
government. The proposed location meets those requirements.
The proposed holding tank location is 220' from the OHWL, approximately 150' from the
bluffline, and 40 feet from the side lot line, and therefore meets those setback requirements.
The proposed location requires a variance from the required rear setback. The variance
request is analyzed in sections that follow.
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Sundberg Variance Staff Report
Scandia City Council Page 4 September 16, 2014
Accessory Structures
There are no existing accessory structures on the parcel, and none are proposed with this
application.
Lot Coverage
The St. Croix River Overlay District permits up to 20% lot coverage on the area above the
OHWL. The Planner calculated that the existing coverage on the lot is approximately 2%. The
coverage will not change with the addition of the proposed holding tank. The parcel meets the
coverage requirement.
Building Height
No new buildings are proposed with the application.
Driveway Access
There is an existing driveway that provides access to the parcel. No change in access is
proposed with the application.
Wastewater Treatment
The proposed holding tank will replace the existing privy on the property. The Planner sent a
copy of the application to Pete Ganzel, Washington County Health Department, for review and
comment. Pete Ganzel provided comments in an email dated August 14. His comments
recommend a holding tank as the best sewage solution for the low use cabin at 21715 Quarry
Avenue. Pete's comments note that installation of a mound system or other engineered system
will require more disturbance than installation of a septic tank, and that this is one of the
reasons for permitting the holding tank for low -use situations in the St. Croix River District. He
noted that Sections 18.5 (5-10) of the SSTS ordinance should be addressed as permit
conditions
The Planner has included proposed conditions regarding system operations based on the
County's SSTS ordinance and previous City approvals.
Stormwater Management
The Planner sent the application to the Carnelian -Marine -St. Croix Watershed District
(CMSCWD) for review and comment. The District's comments included the following:
"The District regards this request as the most reasonable and environmentally sound
solution to the homeowner's problem, and therefore favors granting the variance.
"The District will not require a permit for this project unless it requires disturbing over
5,000 sq. feet. Of soil to install the holding tank in which case an erosion control permit
would be needed."
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Sundberg Variance Staff Report
Scandia City Council Page 5 September 16, 2014
DNR Comments
The Planner sent the application to the DNR for review and comment. DNR staff commented as
follows: "The DNR would not have any issues with this proposal, as it is an improvement over
what is existing. I would recommend some type of covenant or deed restriction so that if it is
ever sold, the new owners are put on notice that there are restrictions on expansion
opportunities because of septic limitations." The Planner has included a proposed condition that
limits the expansion of the cabin, and requires any change in use to comply with all County and
City ordinances. The Resolution of approval for the variance will be recorded against the
Property, so that future owners will be informed about the septic system limitations on the
property.
National Park Service Comments
The Planner sent the application to the National Park Service (NPS) for review and comment.
NPS staff commented as follows: "The NPS would not have any issues with this proposal, again
because it is an improvement over the existing. We also concur with DNR on some type of
covenant which would go with the property so that subsequent owners know of the restrictions."
The Planner has included a condition regarding recording the variance against the property to
inform future owners about the septic system limitations, based on the recommendation of the
City Attorney.
CRITERIA FOR VARIANCES AND FINDINGS
Chapter 1, Section 6.0 of the Development Code and Minnesota Statutes 462.357 include the
criteria and required process for granting variance requests.
Variances may only be granted when the terms of the variance are consistent with the
Comprehensive Plan and in harmony with the general purpose and intent of the development
code. The other variance criteria include:
1. The applicant proposes to use the property in a reasonable manner not permitted by the
Development Code.
2. The plight of the landowner is due to circumstances unique to the property not created
by the landowner.
3. The variance, if granted, will not alter the essential character of the locality.
4. Economic conditions alone shall not constitute practical difficulties.
5. The proposed variance will not impair an adequate supply of light and air to adjacent
property, or substantially increase the congestion of the public streets, or increase the
danger of fire, or endanger the public safety, or substantially diminish or impair property
values within the neighborhood.
6. The required variance is the minimum action required to eliminate the practical difficulty.
7. Practical difficulties include, but are not limited to, inadequate access to direct sunlight
for solar energy systems.
Applicant's Rationale for the Variance
The applicants and their system installer noted the following in their rationale for the variance
request:
The use of the property will be limited to seasonal use.
The dwelling is only 280 square feet in size, and is not suitable for year round use.
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Sundberg Variance Staff Report
Scandia City Council Page 6 September 16, 2014
Washington County's Health Department has indicated that a holding tank is suitable for
this situation.
Granting the variance from the rear setback will permit the holding tank to meet the
setback requirements form the St. Croix River and bluffline.
Findings
The Sundbergs are requesting a variance to construct holding tank to replace the existing septic
system on their property. The proposed construction on a residential property requires a
variance from the SSTS Ordinance, and from the rear setback requirement.
The following bullets present the Planner's findings related to the Sundbergs' request for a
variance, based on the statutory criteria for granting a variance. Each of the criteria is shown in
italics:
Variances shall only be permitted when they are in harmony with the general purposes
and intent of the official control.
The Comprehensive Plan and Development Code support single-family residential uses
in the Agriculture Core District and St. Croix River District. The Plan and Code support
protection of the St. Croix River and its bluffs. A working septic system is necessary to
support the residential use on the property. The cabin structure is only suitable for
limited seasonal use, and therefore the Washington County Health Department has
recommended granting a variance from the SSTS ordnance to permit a holding tank in
this situation. Use of the holding tank will minimize impacts to vegetation, including
wetlands and setbacks, on the parcel, and will create less disturbance and erosion
potential than installation of a mound or engineered system. The applicant is proposing
to place the new holding tank in a location that will require a variance from the setback
from the rear lot line, but meet the required setbacks from the St. Croix River and
bluffline. Granting the rear setback variance is preferable because it maintains setback
from the river and bluffline. The request is in harmony with the general purposes and
intent of the official controls.
The property owner proposes to use the property in a reasonable manner under the
conditions allowed by official control(s).
Single-family residences are permitted, and therefore reasonable, uses in Agriculture
Core and St. Croix River District. Septic systems are necessary for this use. The
proposed use is reasonable under the conditions allowed by the Development Code.
The practical difficulties are not caused by the landowner, and are unique to the
property.
The practical difficulties are created by the size of the parcel and potential impacts to
wetlands, wetland setbacks, and mature vegetation. The parcel depth does not permit
the placement of a holding tank that meets the setback from the St. Croix River as well
as from the rear lot line, and use of a holding tank rather than a mound system will avoid
impacts to wetlands and wetland setbacks. The practical difficulties are not caused by
the landowner, and are unique to the property.
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Sundberg Variance Staff Report
Scandia City Council Page 7 September 16, 2014
The variance would not alter the essential character of the area.
The holding tank will be located below ground. Granting the variance would not alter the
essential character of the area.
Economic conditions alone shall not constitute practical difficulties.
The practical difficulties are related to the size of the parcel and the potential impacts to
wetlands, wetland setbacks and mature vegetation on the parcel. The practical
difficulties are not only economic in nature.
The proposed variance will not impair an adequate supply of light and air to adjacent
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 variance will not impair the supply of light or air to adjacent properties,
and replacement of the existing home with a new single-family home will not increase
congestion, endanger the public, or substantially diminish or impair property values in
the neighborhood.
The required variance is the minimum action required to eliminate the practical difficulty
The proposed action will replace the existing septic system with a holding tank. The
holding tank is an environmentally sound solution to provide a septic system on the
parcel, while creating the least disturbance to wetlands, wetland setbacks, and mature
vegetation among the potential replacement system options. The proposed rear setback
is the largest setback that will allow the holding tank to meet the setback requirements
from the river and bluff. The required variance is the minimum action required to
eliminate the practical difficulty.
Practical difficulties include, but are not limited to, inadequate access to direct sunlight
for solar energy systems.
The variance is not related to a need for direct sunlight for solar energy systems.
PLANNING COMMISSION PUBLIC HEARING AND DISCUSSION
The Planning Commission held a public hearing on the Sundberg variance request at their
regular meeting on September 2. The Commission received several written comments on the
application, including questions about the proposed location of the system and truck access.
The Commission verified that the proposed location is accessible for servicing, and concluded
that the proposed location is the best option based on accessibility from the driveway, least
impacts to the area, and location outside the required setbacks from the St. Croix River and
bluffline.
The Planning Commission recommended approval of the variance, with the conditions
suggested by staff.
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Sundberg Variance Staff Report
Scandia City Council Page 8 September 16, 2014
ACTION REQUESTED:
The City Council can recommend the following:
1. Approval
2. Approval with conditions
3. Denial with findings
4. Table the request
PLANNING COMMISSION RECOMMENDATIONS:
The Planning Commission recommends that the City Council approve a Variance to permit
construction of a holding tank septic system in a location that is a minimum of 25 feet from the
rear lot line at 21715 Quarry Avenue North. The Commission recommends the following
conditions for the variance:
1. Installation of the system shall be consistent with the plans submitted to the City on
August 8, 2014.
2. The use of the cabin shall be seasonal use only. If the applicant or owners propose to
expand the dwelling or use of the property, they shall contact Washington County to
determine whether a change in the septic system is required. Future expansion of the
dwelling may be limited, and shall strictly comply with all County and City ordinances.
3. The applicants shall obtain a building permit from the City.
4. The applicants shall obtain the required septic system permit from Washington County.
5. The applicants shall obtain a Watershed District permit, if required.
6. The owner shall obtain and maintain a contract for disposal and treatment of the septage
with a licensed Maintainer.
7. The applicant shall install an alarm device with audible alarms and lights, to minimize the
chance of accidental sewage overflow unless regularly -scheduled pumping is used. The
alarm device shall identify when the tank is at 75% capacity, and a pumper must be
called to pump the tank if the alarm sounds.
8. The applicants shall complete a vacuum test of the tank after installation and backfill are
completed. The test shall ensure that the system is watertight after installation and that
no leaks are present. The applicants or the system installer shall provide the results of
the test to the City.
9. The sewage discharge pipe shall be located at least 30 feet from the water supply well.
10. Before each winter, the discharge pipe shall be completely drained and the ejector
basket and tanks shall be pumped out.
11. The Applicant shall pay all fees and escrows associated with this application.
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