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.