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7.b2 Report_Variance Application at 11565 239th St_Geske Memorandum To: Scandia City Council Reference: Geske Variance Application Copies To: Brenda Eklund, Clerk Gary Geske, applicant Project No.: 17122.000 Geske Variance From: Merritt Clapp-Smith, Planner Routing: Date: August 12, 2019 SUBJECT: Geske Variance for Septic System Location MEETING DATE: August 20, 2019 LOCATION: 11565 239th St N, PID 05.032.20.21.0013 APPLICANT: Gary Geske ZONING: General Rural (GR) and Shoreland Districts 60-DAY PERIOD: September 14, 2019 ITEMS REVIEWED: Application and Survey received July 16, 2019 DESCRIPTION OF THE REQUEST: The applicant is seeking to replace the septic system on the property, serving an existing residence. The proposed location of the new septic system drain field is about sixty five (65) feet from the wetland, requiring a variance of ten (10) feet from the required 75 foot setback from wetlands. Geske Variance Staff Report Submitted: August 12, 2019 Scandia City Council Page 2 Meeting: August 20, 2019 PROPERTY INFORMATION Parcel description: 11565 239th Street North is a 3.58 acre, single-family lot in the Shady Oaks Subdivision. Zoning: The parcel is located in the General Rural (GR) District and the Shoreland Overlay District. Land use: The property has a one (1) story single-family home built in 1978. Natural Features and Conditions: The property has a gradual slope, with the home at the high point. Wetlands and flood plain areas occupy more than half of the site, on the southern and eastern portions. There are a number of large trees in areas around the house. Geske Variance Staff Report Submitted: August 12, 2019 Scandia City Council Page 3 Meeting: August 20, 2019 EVALUATION OF VARIANCE REQUEST Comprehensive Plan The Comprehensive Plan describes the General Rural District as a residential area of mixed lot sizes. The District was established as a rural residential area with densities no greater than 1 housing unit per 10 acres. The proposed use of the property is generally consistent with the goals of the Comprehensive Plan for the General Rural District. Development Code Requirements Lot Size and Setbacks The applicant’s lot is approximately 3.58 acres in size. The GR District permits lots of 2 acres and larger in size, and the parcel meets this dimensional requirement. The parcel has approximately 240 feet of frontage on 239th Street North, which meets the minimum requirement of 240 feet of frontage for a lot between 3.0 and 4.0 acres in size. The required setbacks for structures (including septic systems) in the General Rural District are the following: • Front setback: 40 feet • Side setbacks: 20 feet for lots that are more than 1.0 acres in size • Rear setback: 50 feet • Wetlands and other unclassified waterbodies setback: 75 feet The septic system meets the setback requirements from lot lines, but encroaches on the required 75 foot wetland setback. The location is proposed because slopes, poor soils and large trees inhibit other location options. The applicant’s proposed setback from the wetland is 65 feet, for a variance of 10 feet. The proposed septic system drainfield requires a variance from the required wetland setbacks. Accessory Structures The applicants have proposed no accessory structures. Lot Coverage The Development Code permits up to 25% lot coverage in the GR District. The Planner calculated that the existing coverage by impervious surfaces is less than 3.7% of the parcel, based on the survey submitted. No additional coverage is proposed. The parcel meets the coverage requirements. Geske Variance Staff Report Submitted: August 12, 2019 Scandia City Council Page 4 Meeting: August 20, 2019 Building Height No new structures are proposed. Driveway Access No new driveway is proposed. Wastewater Treatment and Well Paul O’Neel, Washington County Department of Public Health and Environment, reviewed the septic system permit and comments are attached to the application. He measured the wetland setback at 65 feet and notified the installer that a variance would be needed from the city. Vegetation The proposed location for the new septic would require the removal of a few trees, but fewer than would be removed in alternative locations. Grading and Drainage City Engineer, Ryan Goodman, deferred to review by the watershed district for controls on grading and drainage adjacent to the wetland, until and unless a grading permit from the city is required. Stormwater Management and Watershed District Comments The Comfort Lake Forest Lake Watershed District had not commented at the time of this staff report. The Planner has proposed a condition that the applicant shall obtain any necessary Watershed District permits for the project. Applicants’ Rationale for the Variance and Discussions with the City The applicants’ rationale for the variance indicated that: • Putting the new drainfield on top of the existing drainfield would require three (3) feet of fill and expense, and therefore moving the drainfield to a new location is preferred. • There is no space to the west of the house for a septic, due to slopes and an existing structure. • Setback requirements from the existing well limits location options. Criteria for Variance and Findings Chapter 1, Section 6.0 of the Development Code includes the criteria and required process for considering variance requests. Each item to be considered for a variance is identified below Geske Variance Staff Report Submitted: August 12, 2019 Scandia City Council Page 5 Meeting: August 20, 2019 in italics, followed by the Planner’s findings regarding the requested wetland setback variance for a new septic drainfield at 11565 239th Street North. • Variances shall only be permitted when they are in harmony with the Comprehensive Plan and 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. Septic systems are required for single-family residential uses. The proposed location is the only area on the parcel where the septic system can be placed near the proposed home and on soils that are suitable for a septic system. The proposed variance is in general harmony with the purposes and intent of the Comprehensive Plan and Development Code. • 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 required to support the use on the parcel. 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 limited locations available for the septic system drain field area due to the locations of slopes, suitable soils and wetlands on the parcel. The practical difficulties are not caused by the current landowner, and are unique to the property. • The variance would not alter the essential character of the area. Other properties in the area include single-family homes and septic systems. The new system will not be visible after construction is complete. 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 limited location of soils that will support the septic system and the location of slopes and wetlands on the parcel. The practical difficulties are not only economic in nature. Geske Variance Staff Report Submitted: August 12, 2019 Scandia City Council Page 6 Meeting: August 20, 2019 • 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. Granting the proposed variance will not impair the supply of light or air to adjacent properties, 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 proposed location of the drainfield meets all setback requirements except the wetland setback. The applicants have proposed the widest setback from the wetland that is possible given the soil conditions, well location and wetland locations. • 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. ACTION REQUESTED: The City Council review the Planning Commission recommendation and public comments received at the hearing on August 6, discuss the variance request, and do one of the following: 1. Approve 2. Approve with conditions 3. Deny with findings 4. Table the request PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends approval of the variance to permit construction of new septic system drainfield at 11565 239th Street North, at a minimum of 65 feet from the nearest wetland boundary. The Commission recommends the following conditions for the variance: 1. Development of the property and location of the septic shall be consistent with the plans submitted to the city on July 16, 2019. 2. The applicant shall obtain any required Watershed District and wetland permits. Geske Variance Staff Report Submitted: August 12, 2019 Scandia City Council Page 7 Meeting: August 20, 2019 3. The applicant shall obtain the required septic system permit from Washington County. 4. The applicant shall pay all fees and escrows associated with this application.