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7.b1 Pribyl Variance CC staff report 12.17.19 Memorandum To: Scandia City Council Reference: Pribyl Variance Application Copies To: Ken Cammilleri, Administrator Brenda Eklund, Clerk Joe Pribyl, applicant Project No.: 17122.000 Pribyl Variance From: Merritt Clapp-Smith, Planner Routing: Date: December 8, 2019 SUBJECT: Pribyl Variance for Septic System Location MEETING DATE: December 17, 2019 LOCATION: 22577 Kirk Ave N, PID 07.032.20.23.0013 APPLICANT: Joe Pribyl ZONING: General Rural (GR) District 60-DAY PERIOD: January 3, 2020 ITEMS REVIEWED: Application and final required material received November 4, 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 septic system drain field is about sixty seven (67) feet from the wetland, requiring a variance of eight (8) feet from the required 75 foot setback from wetlands. Pribyl Variance Staff Report Submitted December 8, 2019 Scandia City Council Page 2 Meeting December 17, 2019 PROPERTY INFORMATION Parcel description: 22577 Kirk Avenue North is a 4.3 acre, single-family lot. Zoning: The parcel is located in the General Rural (GR) District District. Land use: The property has a split level single- family home built in 1984. Natural Features and Conditions: The property has gradual slopes west of the house and steeper slopes to the east. A wetland sits about midway between the north and south along the western property line, and another wetland occupies the northeast corner of the parcel. There are a number of large trees in areas around the house. The map to the image to the right shows two foot topographic intervals and wetlands from the National Wetlands inventory. Pribyl Variance Staff Report Submitted December 8, 2019 Scandia City Council Page 3 Meeting December 17, 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. Chapter IX. Water Resources, identifies a Goal to “Ensure financial and environmental accountability for installation, maintenance, remediation, and management of any permitted private wastewater system.” 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 4.3 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 500 feet of frontage on Kirk Avenue North, which meets the minimum requirement of frontage for a lot of its 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, wetlands and large trees inhibit other location options. The applicant’s proposed setback from the wetland is 67 feet, for a variance of 8 feet. The proposed septic system drainfield requires a variance from the required wetland setbacks. Accessory Structures The applicant has proposed no new accessory structures. Pribyl Variance Staff Report Submitted December 8, 2019 Scandia City Council Page 4 Meeting December 17, 2019 Lot Coverage The Development Code permits up to 25% lot coverage in the GR District. Existing coverage is far below that level and no additional coverage is proposed. The parcel meets the coverage requirements. Building Height No new structures are proposed. Driveway Access No new driveway is proposed. Wastewater Treatment and Well Washington County Department of Public Health and Environment staff reviewed the soil borings and information to locate a new system, which would replace the failing system, and found the proposed location to be the best option. Vegetation The proposed location for the new septic minimizes the removal of trees compared to other locations. Grading and Drainage If land alteration and grading for the new septic system exceeds 10 cubic yards of material added to or removed from the site or excavated within the site; and/or the disturbance of land area of 600 square feet or more, then a grading permit from the City will be required. Stormwater Management and Watershed District Comments The Comfort Lake Forest Lake Watershed District (CLFLWD) informed the applicant that since the project will not be moving at least 50 CY or disturbing 5,000 squ are feet, a permit from CLFLWD will not be needed. Applicant’s Rationale for the Variance and Discussions with the City The applicant’s rationale for the variance indicated that there are no alternative locations on the parcel due to wetlands, soils, slopes, existing structures and other required setbacks from the well and property lines. 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 in italics, followed by the Planner’s findings regarding the requested wetland setback variance for a new septic system at 22577 Kirk Ave North. Pribyl Variance Staff Report Submitted December 8, 2019 Scandia City Council Page 5 Meeting December 17, 2019 • 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. 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 Gen eral Rural 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 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 varian ce 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. • 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. Pribyl Variance Staff Report Submitted December 8, 2019 Scandia City Council Page 6 Meeting December 17, 2019 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 req uirements except the wetland setback. The applicant has 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 Planning Commission received public comments at its hearing on December 3, discussed the variance request, and recommended approval. The City Council can do the following: 1. Approve 2. Approve with conditions 3. Deny with findings 4. Table the request PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends that the City Council approve the variance to permit construction of new septic system drainfield at 22577 Kirk Ave N, at a minimum of 67 feet from the nearest wetland boundary. The Commission recommends the following conditions for the variance: 1. Development of the property shall be generally consistent with the plans submitted to the city for this application. 2. The setback from the wetland shall be no less than sixty seven (67) feet. 3. A grading permit from the City will be required if land alteration and grading for the new septic system will exceed 10 cubic yards of material added to or removed from the site Pribyl Variance Staff Report Submitted December 8, 2019 Scandia City Council Page 7 Meeting December 17, 2019 or excavated within the site; and/or the disturbance of land area of 600 square feet or more. 4. The applicant shall obtain the required septic system permit from Washington County. 5. The applicant shall pay all fees and escrows associated with this application.