7. Staff report - Markgraf Variance PC 06.02.20444 Cedar Street, Suite 1500
Saint Paul, MN 55101
651.292.4400
tkda.com
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TKDA
Memorandum
To: Scandia Planning Commission
Copies To: Ken Cammilleri, Administrator
Reference: Markgraf Variance Application
Brenda Eklund, Clerk Project No.: 17122.000 Markgraf Variance
Gary Markgraf, applicant
From: Evan Monson and Merritt Routing:
Clapp -Smith, Planners
Date: June 2, 2020
SUBJECT: Markgraf Variance for Septic System Location
MEETING DATE: June 2, 2020
LOCATION: 23820 Lofton Ave N, PID 05.032.20.21.0014
APPLICANT: Gary Markgraf
ZONING: General Rural (GR) District
60 -DAY PERIOD: July 11, 2020 (120 -day period ends September 9, 2020)
ITEMS REVIEWED: Application and final required material received May 12, 2020
DESCRIPTION OF THE REQUEST:
The applicant is seeking to install a new septic system on their property. The proposed location
of the septic system is approximately 50 feet from a wetland, requiring a variance of 25 feet
from the normally required 75 -foot setback from wetlands.
An employee owned company promoting affirmative action and equal opportunity
Markgraf Variance Staff Report Submitted May 29, 2020
Scandia Planning Commission Page 2 Public Hearing June 2, 2020
PROPERTY INFORMATION
Parcel description: 23820 Lofton Avenue North is a 3.26 acre lot.
Zoning: The parcel is located in the General Rural (GR) District.
Land use: The property has a single-family residence on it that was constructed in 1973.
Natural Features and Conditions: The property has some slopes west/southwest of the
house. A wetland sits on the west half of the property. There are a number of trees between
the house and the wetland.
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Figure 1: Aerial GIS map of parcel (submitted by Applicant)
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Markgraf Variance Staff Report Submitted May 29, 2020
Scandia Planning Commission Page 3 Public Hearing June 2, 2020
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 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 3.26 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 over 400 feet
of frontage on Lofton 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 and the wetlands
inhibit other location options. The applicant's proposed setback from the wetland is 50 feet,
for a variance of 25 feet.
The proposed septic system drainfield requires a variance from the required wetland setbacks.
Accessory Structures
The applicant has proposed no new accessory structures.
Lot Coverage
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Markgraf Variance Staff Report Submitted May 29, 2020
Scandia Planning Commission Page 4 Public Hearing June 2, 2020
The Development Code permits up to 25% lot coverage in the GR District. Existing coverage is
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 square 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 the wetlands, slopes, location of the existing house, and other required
setbacks from 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 23820 Lofton Ave N.
• Variances shall only be permitted when they are in harmony with the Comprehensive
Plan and general purposes and intent of the official control.
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Markgraf Variance Staff Report Submitted May 29, 2020
Scandia Planning Commission Page 5 Public Hearing June 2, 2020
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 General
Rural District. Septic systems are required to support this 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 with 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.
• 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.
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Markgraf Variance Staff Report Submitted May 29, 2020
Scandia Planning Commission Page 6 Public Hearing June 2, 2020
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 meets all setback requirements, except the wetland setback. The
applicant has proposed the greatest 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 should receive public comments at the hearing on June 2nd, 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 the variance
to permit construction of a new septic system at 23820 Lofton Ave N, at a minimum of 50 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 fifty (50) 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
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Markgraf Variance Staff Report Submitted May 29, 2020
Scandia Planning Commission Page 7 Public Hearing June 2, 2020
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.
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