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4.d) Staff Report-SundbergVariancePC9 2 14 Memorandum To: Scandia Planning Commission Kristina Handt, City Administrator Reference: Sundberg Variance Application, City of Scandia Copies To: Rudy and Carol Sundberg Project No.: 15485.016 From: Sherri Buss, RLA AICP, Planner Routing: Date: August 18, 2014 SUBJECT: Sundberg Variance Application MEETING DATE: September 2, 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. Sundberg Variance Staff Report Scandia Planning Commission Page 2 September 2, 2014 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. 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. Sundberg Variance Staff Report Scandia Planning Commission Page 3 September 2, 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 Overlay 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 roadways. The proposed location meets that requirement. 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. Accessory Structures There are no existing accessory structures on the parcel, and none are proposed with this application. Sundberg Variance Staff Report Scandia Planning Commission Page 4 September 2, 2014 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.” 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 Sundberg Variance Staff Report Scandia Planning Commission Page 5 September 2, 2014 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.  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. Sundberg Variance Staff Report Scandia Planning Commission Page 6 September 2, 2014 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.  The variance would not alter the essential character of the area. Sundberg Variance Staff Report Scandia Planning Commission Page 7 September 2, 2014 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. 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 STAFF RECOMMENDATIONS: The Planner recommends that the Planning Commission recommend approval of a Variance to permit construction of a holding tank septic system in a location that is a minimum of 25 feet Sundberg Variance Staff Report Scandia Planning Commission Page 8 September 2, 2014 from the rear lot line at 21715 Quarry Avenue North. The Planner 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 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. 5. The applicants shall obtain the required septic system permit from Washington County. 6. The applicants shall obtain a Watershed District permit, if required. 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.