7.b i Approving a variance from the bluffline setback for a septic system at 23209 St. Croix TrailMemorandum
To: Scandia City Council
Copies To: Neil Soltis, City
Administrator
Brenda Eklund, City Clerk
Larry Bloomer, applicant, on
behalf of the National Park
Service — St. Croix National
Scenic Riverway
From: Sherri Buss, RLA AICP,
Planner
Date: August 14, 2018
SUBJECT:
MEETING DATE:
LOCATION:
APPLICANTS
ZONING:
60 -DAY PERIOD
ITEMS REVIEWED:
Reference: National Park Service Variance
request for Sewage Treatment
System Location
Project No.: 16622.008
Routing:
National Park Service request for Variance to replace a subsurface
septic treatment system at the Magney Quarters
August 21, 2018
23209 St. Croix Trail North
PID 0703219210002
Scandia, Minnesota
National Park Service — St
401 North Hamilton Street
St. Croix Falls, Wisconsin
Croix National Scenic Riverway
54024
Agriculture — Core (AG C) and St. Croix River Overlay District
September 17, 2018
Application, survey, and supplemental information received July 19,
2018
BRIEF DESCRIPTION OF THE REQUEST:
The National Park Service (NPS) has submitted a Sewage Treatment System Permit
Application to Washington County to replace an existing subsurface septic treatment system
(SSTS) at the NPS property at 23209 St. Croix Trail North. The County is willing to approve the
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Memorandum
To: Scandia City Council
Copies To: Neil Soltis, City
Administrator
Brenda Eklund, City Clerk
Larry Bloomer, applicant, on
behalf of the National Park
Service — St. Croix National
Scenic Riverway
From: Sherri Buss, RLA AICP,
Planner
Date: August 14, 2018
SUBJECT:
MEETING DATE:
LOCATION:
APPLICANTS
ZONING:
60 -DAY PERIOD
ITEMS REVIEWED:
Reference: National Park Service Variance
request for Sewage Treatment
System Location
Project No.: 16622.008
Routing:
National Park Service request for Variance to replace a subsurface
septic treatment system at the Magney Quarters
August 21, 2018
23209 St. Croix Trail North
PID 0703219210002
Scandia, Minnesota
National Park Service — St
401 North Hamilton Street
St. Croix Falls, Wisconsin
Croix National Scenic Riverway
54024
Agriculture — Core (AG C) and St. Croix River Overlay District
September 17, 2018
Application, survey, and supplemental information received July 19,
2018
BRIEF DESCRIPTION OF THE REQUEST:
The National Park Service (NPS) has submitted a Sewage Treatment System Permit
Application to Washington County to replace an existing subsurface septic treatment system
(SSTS) at the NPS property at 23209 St. Croix Trail North. The County is willing to approve the
An employee owned company promoting affirmative action and equal opportunity
NPS Variance for Sewage Treatment System
Scandia City Council Page 2 August 21, 2018
design of the system, but stated that its proposed location requires a variance from the required
setback from the bluffline. The City is the zoning authority for granting the variance from the
required setback. The parcel area is 21.24 acres in area and it is located in the Agriculture -
Core (AG C) District and the St. Croix River Overlay District.
BACKGROUND
The National Park Service is proposing to replace an existing SSTS with a new system in the
same location as elements of the existing system on a parcel located at 23209 St. Croix Trail
North. The existing sewage treatment system includes 1 tank at a location along the driveway
north of the dwelling, and a cistern on the edge of the bluff. The system served the house prior
to the NPS acquisition of the property. The new system will include 2 tanks to process the
waste, and liquids will then be pumped to a new drainfield. All elements of the new system will
be located along the driveway in the location shown on the site plan.
The parcel is located on the bluffs adjacent to the St. Croix River and within the St. Croix
Riverway Overlay Zoning District. The required sewage treatment system setbacks in the
Riverway District are 150 feet from the OHWL and 40 feet from the bluffline.
The existing cistern is located within a few feet of the bluffline and is therefore a "substandard
structure" as defined in the St. Croix Riverway Ordinance: "Substandard structure means any
structure established before the effective date of the St. Croix Riverway Ordinance which is
permitted within a particular zoning district but does not meet the structure setbacks or other
dimensional standards of the Ordinance."
The St. Croix Riverway Ordinance requires that `7f a substandard structure needs replacement
due to destruction, deterioration, or obsolescence, such replacement shall comply with the
dimensional standards of the ordinance."The applicant is requesting a variance to permit
placing the new system tanks in approximately the same location as the existing cistern and the
new drainfield in a location to the north. The proposed locations of the new system would not
meet the setback requirement from the bluff line. The City may grant a variance from these
ordnance standards if there is no other location where the system can meet the setback
requirements and if the request meets the "practical difficulties" criteria in the City's
Development Code.
The applicant has worked with a septic system designer and Washington County to design a
system that meets the County SSTS Ordinance requirements. The application states that the
designer's analysis found that there is no location on the property that would allow installation of
the proposed system on suitable soils where it would meet the bluff setback requirement. The
proposed location meets the required setback from the Ordinary High Water Level of the St.
Croix River and the other setback requirements that apply to the proposed sewage treatment
system.
EVALUATION OF VARIANCE REQUEST
Comprehensive Plan and St. Croix Riverway Ordinance
The Comprehensive Plan established the Agriculture - Core (AG C) District to protect and
encourage long-term agriculture. Residential development is permitted as a secondary use in
the District. The Comprehensive Plan also supports protection of the natural and scenic
resources of the St. Croix River Corridor through the application of the St. Croix Riverway
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NPS Variance for Sewage Treatment System
Scandia City Council Page 3 August 21, 2018
District ordinance and its standards as an overlay district in portions of the AG C district that are
within the Riverway District.
Most of the NPS parcel is located on the bluffs adjacent to the St. Croix River. The existing
SSTS area includes soils that can support the proposed system. There is no area on the site
where the system could be located on suitable soils that would also meet the bluff setback
requirement.
The proposed location supports the goals of the St. Croix Riverway Ordinance and
Comprehensive Plan goals for the Riverway as follows:
• The proposed SSTS will be no closer to the river than the existing system, and will
eliminate the existing cistern on the edge of the bluffs which does not meet current
standards for SSTS design. The new SSTS will comply with the County's SSTS
Ordinance.
• The location will minimize new impacts to the bluffs and vegetation.
• The location will meet the setback requirement from the OHWL of the St. Croix River
and other structure setback requirements.
Development Code Requirements: Lot Size and Setbacks
The NPS parcel is 21.24 acres in size and meets the minimum 2.5 -acre lot size in the St. Croix
River District.
Setback Requirements and Proposed Setbacks for SSTS
Feature
Required Setback
Proposed
Setback
OHWL of St. Croix River
150'
Approximately
500'
Bluff line
40'
0-5'
Water supply wells
50' sewage tanks; 100' soil treatment area
Approximately
200'
Occupied buildings
10' sewage tanks; 20' soil treatment area
Approximately
200'
Side property line
20'
Approximately
600'
Rear property line
50'
Approximate)
250'
The proposed SSTS requires a variance from the required setback from the bluff line and meets
the other setback requirements.
Accessory Structures
The application does not propose new accessory structures.
Lot Coverage
The St. Croix River Overlay District permits up to 20% lot coverage. The Planner calculated
that the existing lot coverage by impervious surfaces is approximately 1 % of the parcel. The
parcel coverage will continue to be approximately 1 % after construction of the new SSTS. The
proposed structure replacement meets the impervious cover requirement of the ordinance.
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NPS Variance for Sewage Treatment System
Scandia City Council Page 4 August 21, 2018
Building Height and Color
The application does not propose new buildings.
Driveway Access
The existing driveway will remain and no new access is proposed.
Wastewater Treatment and Well
The existing SSTS will be removed and replaced by the new system. The new system meets
the required setback from the well on the parcel.
Impacts to Slopes, Vegetation, and Engineer Comments regarding Grading and Land
Alteration
The new SSTS is proposed to be located in approximately the same area as the existing
system.
The Planner provided a copy of the application to the City Engineer for review. He provided the
following comments:
• The applicant shall obtain a Grading/Land Alteration Permit from the City, and the
Engineer shall review the drainage and upland slopes to see if drainage can be diverted
temporarily during construction while final restoration is completed and vegetation is
established.
• The applicant shall have best management practices for erosion and sediment control
installed prior to any excavation work.
The St. Croix Riverway Ordinance does not require a vegetative cutting permit to constructed a
permitted septic system, provided the existing quality, character, density, and canopy is
maintained as viewed from the river. The proposed SSTS will replace an existing system in the
same location, and therefore should not impact the existing vegetative canopy or views from the
St. Croix River.
DNR Comments
The Planner sent the application to the DNR for review. The DNR's Area Hydrologist provided
the following comment on August 7: "Thanks for the opportunity to comment on this variance
request by the National Park Service to replace the existing septic system, which does not meet
the 40 foot bluff setback at this site in Scandia. A quick look at the topography of the lot (below)
shows that this site is mostly bluff and that there are limited for placing a septic system here.
DNR has no comment on this variance request in the Lower St. Croix Riverway.
Watershed District Comments
The Planner sent the application to the Carnelian -Marine -St. Croix Watershed District
(CMSCWD) for comments. The CMSCWD Administrator provided the following comment on
August 7: "Like the DNR the Watershed District acknowledges the difficult terrain of this site and
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NPS Variance for Sewage Treatment System
Scandia City Council Page 5 August 21, 2018
the lack of suitable area outside of the bluff setback for a replacement septic system. We have
no comment on the variance."
Landscape Plan
No landscape plan is required.
CRITERIA FOR VARIANCES AND FINDINGS
Chapter 1, Section 6.0 of the Development Code and the Lower St. Croix River Bluffland and
Shoreland Management Ordinance include 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
The application includes a practical difficulties statement for the variance request that included
the following:
• There is no location on the parcel that has suitable soils for a septic system that also
meets the bluff setback requirement.
• The proposed system will replace the existing system and the location will not impact
steep slopes, bluffs, vegetation, or views from the St. Croix River.
Variance Request and Findings
The following bullets include the Planner's findings related to the National Park Service's
request for a variance, based on the statutory criteria and ordinance 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.
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NPS Variance for Sewage Treatment System
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The Comprehensive Plan supports protection of the St. Croix River and application of
City's Development Code and Riverway Ordinance standards to support the Riverway
protection goals. The Lower St. Croix River Ordinance requires that replacement of
substandard structures occur in locations that meet setback requirements in order to
protect the Riverway and bring properties into compliance with the dimensional
standards of the ordinance when they are replaced.
The National Park Service has submitted information that there is no location on the
parcel where the proposed septic system can be located on suitable soils and meet the
required setback from the bluffline.
The NPS has included several elements in the design of the septic system to meet the
goals and intent of the St. Croix River District:
• Placing the proposed septic system no closer to the bluff than the existing
structures, eliminating the existing cistern near the bluff, and in a location that
meets all of the other setback requirements of the Zoning Ordinance and County
SSTS Ordinance.
• Placing the septic system on a relatively flat area of the site that outside the
areas of steep slopes and bluffs on the parcel.
• Placing the septic system in the existing location to avoid impacts to vegetation
and views from the St. Croix River.
• Replacing the cistern with a new septic system that conforms to the County's
SSTS ordinance standards for system design.
The proposed variance is in harmony with the general purposes and intent of the official
controls based on the finding that there is no location on the parcel where the septic
system could be located on suitable soils and meet the bluff setback requirement; the
proposed location will remove the existing cistern near the bluff that does not comply
with current SSTS design standards; the proposed location will minimize potential
impacts to slopes, vegetation and views from the river; and the proposed location
complies with the other dimensional requirements of the applicable ordinances and the
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).
Septic systems are required for residential uses in the St. Croix Riverway District and
Agriculture Core District and are a reasonable use.
• 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 location of bluffs on
most of the area of the parcel and limited areas of soils suitable for an SSTS which do
not allow the septic system to be located in a place that would meet the bluff setback
requirement of the St. Croix Riverway Ordinance.
• The variance would not alter the essential character of the area.
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NPS Variance for Sewage Treatment System
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The variance would not alter the character of the area. The new SSTS will not be visible
from adjacent properties, and the placement of the new system in the same location as
the existing system will preserve the existing vegetation on the parcel that screens views
from the St. Croix River.
• Economic conditions alone shall not constitute practical difficulties.
The practical difficulties are not related to economic conditions alone, but are caused by
the location of bluffs throughout the parcel and the limited locations of soils on the site
that can support the SSTS.
• 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 replacement of the septic system 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.
Granting the requested variance is the minimum action required to eliminate the practical
difficulty and meet the Riverway Ordinance and Development Code requirements. The
location of the new SSTS in the same location as the existing tank where it meets the
other dimensional requirements of the ordinance will minimize the variance required and
minimize impacts to the steep slopes, bluffs, vegetation, and views from the river.
• 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 RECOMMENDATIONS
The Planning Commission held a public hearing on the variance request at their meeting on
August 7. The Commission received no verbal comments and received the DNR and
CMSCWD written comments concerning the variance request.
Commissioners expressed concerns about the location of the proposed system close to the bluff
line. They discussed options to require that the system be located farther from the bluff and
within the area of the driveway. However, this location would not provide the required
separation from the existing well. The Commission recommended that the variance be
approved requiring the NPS to location the system the maximum feasible distance and a
minimum of 5 feet from the bluffline.
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NPS Variance for Sewage Treatment System
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ACTION REQUESTED:
The City Council can take the following actions for the request:
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 the
replacement of the existing subsurface septic treatment system on the parcel at 23209 St. Croix
Trail North with a new SSTS at the maximum feasible distance and a minimum of five feet from
the bluff line on the parcel. The Planner recommends the following conditions for the variance:
1. The new structure shall be located and constructed as shown on the site plan and septic
system report submitted to the City on July 13, 2018.
2. The applicant shall obtain an approved septic system permit from Washington County,
and submit a copy of the permit to the City.
3. The applicant shall obtain a Grading/Land Alteration Permit from the City if the project
will excavate, add, or remove ten (10) cubic yards or more of material or disturb six
hundred (600) square feet or more.
4. Engineer shall review the drainage and upland slopes to see if drainage can be diverted
temporarily during construction while final restoration is completed and vegetation is
established.
5. The applicant shall have best management practices for erosion and sediment control
installed prior to any excavation work.
6. The applicants shall protect vegetation over six (6) inches in diameter to the extent
possible.
7. Site work shall comply with the regulations of the Carnelian -Marine St. Croix Watershed
District, and the applicants shall obtain any required District permits.
8. The applicants shall pay all fees and escrows associated with the variance application.
I
Current system if tank and cistern indicated by the circles
Proposed are 2 new tanks located 50' from the well and a forced main to an infiltration bed.