7.b)2) Staff Report-HelmsVarianceCouncil 10 21 14Memorandum
To: Scandia City Council
Kristina Handt, City
Administrator
Copies To: Ronald and Vicki Helms
Reference: Helms Variance Application,
City of Scandia
Project No.: 15485.017
From: Sherri Buss, RLA AICP, Routing:
Planner
Date: October 13, 2014
SUBJECT: Helms Variance Application
MEETING DATE: October 21, 2014
LOCATION: 12160196 1h Street
Scandia, Minnesota
APPLICANTS: Ronald and Vicki Helms
1249977 th Street North
Stillwater, MN 55082
ZONING: General Rural (GR) District and Shoreland Overlay District
60 -DAY PERIOD: October 10, 2014
ITEMS REVIEWED: Application and Sketch Plan
THE PLANNING COMMISSION TABLED THIS ITEM AT ITS SEPTEMBER MEETING, TO
REQUEST INFORMATION FROM THE ATTORNEY ABOUT THE PROPOSED CONDITION
TO REQUIRE THE COMBINATION OF LOTS. THIS STAFF REPORT WAS UPDATED FOR
THE OCTOBER 7 PLANNING COMMISSION MEETING TO INCLUDE THE INFORMATION
FROM THE CITY ATTORNEY. THE NEW INFORMATION IS SHOWN IN BOLD TEXT IN
THIS REPORT.
BRIEF DESCRIPTION OF THE REQUEST:
The applicant is seeking to place a new septic system holding tank on the property at 12160
196th Street North. 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 required setback from the side lot line.
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Memorandum
To: Scandia City Council
Kristina Handt, City
Administrator
Copies To: Ronald and Vicki Helms
Reference: Helms Variance Application,
City of Scandia
Project No.: 15485.017
From: Sherri Buss, RLA AICP, Routing:
Planner
Date: October 13, 2014
SUBJECT: Helms Variance Application
MEETING DATE: October 21, 2014
LOCATION: 12160196 1h Street
Scandia, Minnesota
APPLICANTS: Ronald and Vicki Helms
1249977 th Street North
Stillwater, MN 55082
ZONING: General Rural (GR) District and Shoreland Overlay District
60 -DAY PERIOD: October 10, 2014
ITEMS REVIEWED: Application and Sketch Plan
THE PLANNING COMMISSION TABLED THIS ITEM AT ITS SEPTEMBER MEETING, TO
REQUEST INFORMATION FROM THE ATTORNEY ABOUT THE PROPOSED CONDITION
TO REQUIRE THE COMBINATION OF LOTS. THIS STAFF REPORT WAS UPDATED FOR
THE OCTOBER 7 PLANNING COMMISSION MEETING TO INCLUDE THE INFORMATION
FROM THE CITY ATTORNEY. THE NEW INFORMATION IS SHOWN IN BOLD TEXT IN
THIS REPORT.
BRIEF DESCRIPTION OF THE REQUEST:
The applicant is seeking to place a new septic system holding tank on the property at 12160
196th Street North. 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 required setback from the side lot line.
An employee owned company promoting affirmative action and equal opportunity
Helms Variance Staff Report
Scandia City Council Page 2
October 21, 2014
The applicant owns multiple adjacent parcels that include approximately 1.86 acres. The
property is located in the General Rural (GR) District and the Shoreland Overlay District of Big
Marine Lake, a Recreational Development Lake.
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 Helms parcels include a small cabin (approximately 350 square feet) that is used
seasonally. The applicants indicated that this use will continue. Pete Ganzel suggested that a
holding tank is appropriate to meet the septic needs in this case, with conditions regarding
operation and maintenance. The Planner has included proposed conditions for approval of the
variance that address the future use and maintenance requirements for the tank system.
Requirement for Lot Combination
The Helms own multiple parcels adjacent to the parcel where the septic system is
proposed. The City has required that property owners in similar situations combine all of
the adjacent parcels they own to create a single parcel that meets or comes as close as
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Helms Variance Staff Report
Scandia City Council Page 3
October 21, 2014
possible to meeting the requirements in Chapter One, Section 13.5 (1)(H) of the
Development Code related to conforming lots. The Planner included a condition for
granting the variance that the Helms' lots be combined. The Helms' questioned the
City's authority to do that at the public hearing on September 2. City staff indicated that
they would request an opinion from the City Attorney on this issue.
Staff provided the information on the variance request and nonconformities issue to the
Attorney. He provided the following response: "I have reviewed the detail provided.
Minnesota law permits the City to require non -conforming lots to be combined for the
purpose of development. Additionally, as a condition of approving a variance, the City
can certainly impose this requirement as it reasonably related to the application."
Staff also noted that a variance from the road setback was granted to the property in
1985 to build a garage. The variance was granted with the stipulation that the lots
multiple lots under the same ownership at that time be combined. However, the
condition was not met by the owner.
The condition related to lot combination was not changed from the October 7
recommendation based on the Attorney's comment.
DETAILED EVALUATION OF THE VARIANCE REQUEST:
The sections that follow discuss the criteria and rationale for granting a variance related to this
application.
Comprehensive Plan
The Comprehensive Plan describes the General Rural District as a residential area of mixed lot
sizes. The Plan 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 SSTS ordinance. The applicants indicate
they are proposing to replace the existing tank as a proactive approach to provide a safe septic
system and minimize land disturbance. Granting the variance from the rear setback will help to
maintain the required setback from Big Marine Lake.
The proposed use of the property is generally consistent with the goals of the Comprehensive
Plan for the General Rural District and Shoreland Overlay District.
Development Code Requirements: Lot Size and Setbacks
The applicant's 3 parcels include approximately 1.86 total acres. The GR District permits lots of
2 acres and larger in size, and the Shoreland District requires that existing lots on Recreational
Development lakes conform to the minimum lot size of the underlying zoning district. Each of
the existing lots is smaller than the minimum lot size required in the GR District and Shoreland
District, and therefore the lots must be combined, so that the combined lots will equal one or
more conforming lots as closely as possible [Development Code Chapter 1, Section 13.5 (1)H].
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Helms Variance Staff Report
Scandia City Council Page 4 October 21, 2014
The Planner has included a condition that the applicants must combine the parcels that they
own into a single parcel before the City will issue a building permit for the proposed holding
tank.
The required setbacks for structures (including septic systems) in the Shoreland Overlay District
are the following:
Structure setback from the OHWL: 100 feet
Side setbacks: 20 feet for lots that are larger than 1 acre in size
Setback from the rear lot line: 50 feet
The applicant's proposed setbacks include the following:
Approximately 100 feet from the OHWL
Approximately 10 feet from the side lot line
Approximately 35-40 feet from the rear lot line of the current parcel.
If the parcels are combined as required by the Development Code, the rear setback will meet
the ordinance requirement. The replacement of the holding tank in the same location as the
existing tank as the applicants are proposing will require a variance from the side setback
requirement.
Accessory Structures
There are no existing accessory structures on the parcel, and none are proposed with this
application.
Lot Coverage
The Shoreland Overlay District permits up to 25% lot coverage on the area above the OHWL.
The Planner calculated that the existing coverage on the lot is approximately 7%. 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 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 12160 196th Street North. Pete indicated that installation of a mound system or
other engineered system would require more disturbance than installation of a septic tank, and
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Helms Variance Staff Report
Scandia City Council Page 5 October 21, 2014
that this is one of the reasons that a holding tank is preferred. 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 Administrator provided the following
comments regarding the Helms' application:
"After review of the County's comments and proposed changes to rules regarding septic
holding tanks, the District supports this application for variance.
"There are several long term issues regarding these changes as they relate to this
situation. The City may want to consider making them conditions of the variance.
Safeguards should be in place to prevent overflow or winter damage to the system. The
annual tracking of system pumping should be required to insure against these problems
or changes in use patterns, and the cost of managing this information and inspections
should be added to the cost of permitting. In addition, future buyers should be made
aware of the seasonal nature of the systems they are acquiring.
"Again, the District supports this request for variance since it is more environmentally
sensitive solution to this use on the site. The project will not require a district permit."
The Planner has included proposed conditions that address the issues identified in the District's
cnmmPnts_
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 new owners will be informed about the septic system limitations on the
Property.
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.
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Helms Variance Staff Report
Scandia City Council Page 6 October 21, 2014
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 provided the following in their rationale for the variance request:
The cabin is used during the summer, typically for 1-2 weekends each month. The cabin
is not used for overnight stays.
The applicants estimate the water use to be approximately 100 gallons per month during
the summer months. There is no dishwasher or washing machine in the cabin, and only
one bathroom with no tub.
The applicants have no plans to change the cabin the future.
Washington County's Health Department has indicated that a holding tank is suitable for
this situation.
Findings
The Helms 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 side lot line setback requirement.
The following bullets present the Planner's findings related to the Helms' request for a variance,
based on the statutory criteria for granting a variance. Each of the criteria is shown in italics:
Variances shall only be permitted when they are in harmony with the general purposes
and intent of the official control.
The Comprehensive Plan and Development Code support single-family residential uses
in the General Rural District and Shoreland Overlay District. A working septic system is
necessary to support the residential use on the property. The Plan and Code support
protection of the City's water resources from erosion and sedimentation. The cabin
structure is only suitable for limited seasonal use, and therefore the Washington County
Health has recommended that a holding tank is suitable to meet need for a septic
system in this situation. The installation of the tank in approximately the same location
as the existing tank will create less disturbance to vegetation and less erosion potential
than installation of a mound or engineered system, in the Shoreland area. The proposed
location requires a variance from the setback from the side lot line, in order to replace
the tank in the same location as the existing tank to minimize disturbance. The request
is in harmony with the general purposes and intent of the official controls.
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Helms Variance Staff Report
Scandia City Council Page 7 October 21, 2014
The property owner proposes to use the property in a reasonable manner under the
conditions allowed by official control(s).
Single-family residences are permitted, and therefore reasonable, uses in the General
Rural District and Shoreland Overlay District. Septic systems are 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 its location within the
Shoreland District. The parcel depth does not permit the placement of a holding tank
that meets the setback Big Marine Lake. Installation of a mound or engineered system
that met the ordinance requirements would disturb a larger area and create more
potential impacts to soils and vegetation in the Shoreland District than the proposed
holding tank. The practical difficulties are not caused by the landowner, and are unique
to the property.
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 its location in the
Shoreland District. 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 system that will better
protect the environment, while meeting the needs of the seasonal residential use. The
holding tank will create the least potential disturbance to soils and vegetation in the
Shoreland area among the potential replacement system options. Replacement of the
holding tank in the same location as the existing tank will minimize disturbance. The
required variance is the minimum action required to eliminate the practical difficulty.
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Helms Variance Staff Report
Scandia City Council Page 8 October 21, 2014
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 DISCUSSION AND RECOMMENDATION
The Planning Commission held a public hearing on the Helms' application at their meeting on
September 2. The Commission received no written or verbal comments on the variance
request. The Helms' spoke at the hearing, and requested that approval of the variance not
include the condition that requires combination of the contiguous lots that they own. The Helm's
requested that the City Attorney comment on whether the city can require lot combination as
part of the variance. The Commission tabled the request in order to obtain a comment from the
Attorney on the lot combination issue.
The Commission reviewed the Attorney's comment that affirmed that the city may require the lot
combination as a condition for granting the variance. The Commission noted that lot
combination has been required with variance approvals in the Shoreland District in the past, and
that this is the city's only opportunity to reduce the number of nonconforming lots in the
Shoreland District. The Commission discussed the issue at length with the Helms at both the
September 2 and October 7 meeting, noting the Helms' comment that the requirement for lot
combination is a "punishment" for trying to protect environmental quality. The Commission
disagreed with this comment, and noted the City's goal to reduce the number of nonconforming
lots to reduce density and environmental impacts to the lake, and that if the lots are not
combined, they could be sold and several more homes developed on nonconforming lots. The
Commission also noted that the Helms' may wait for Washington County to update their Septic
System ordinance (expected in 2015) in order to replace the system, and in that case would not
need the variance.
The Commission voted to approve the variance with the conditions proposed by staff.
ACTION REQUESTED:
The Planning Commission should receive public comments at the hearing on September 2. The
Planning Commission should discuss the variance request, and 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 10 feet from the
side lot line at 12160 196th Street North. The Planner recommends the following conditions for
the variance:
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Helms Variance Staff Report
Scandia City Council Page 9 October 21, 2014
1. Installation of the system shall be consistent with the plans submitted to the City on
August 11, 2014. The new holding tank shall meet the required setback from Big Marine
Lake and the existing well.
2. The applicants shall combine the parcels that they own into a single parcel before the
City will issue a building permit for the proposed holding tank.
3. The use of the dwelling 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.
4. The applicants shall obtain a building permit from the City.
5. The applicant and system designer shall verify to the City that the tanks can be pumped
from the driveway at the proposed location, or identify how a pump truck will access the
tank to complete the required pumping, before a permit shall be issued for the system.
6. The applicants shall obtain the required septic system permit from Washington County.
7. The owner shall obtain and maintain a contract for disposal and treatment of the septage
with a licensed Maintainer.
8. 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.
9. 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.
10. The sewage discharge pipe shall be located at least 30 feet from the water supply well.
11. Before each winter, the discharge pipe shall be completely drained and the ejector
basket and tanks shall be pumped out.
12. The Applicant shall pay all fees and escrows associated with this application.
01