4c1 PCMemoSepticSystemOrdHearing 2.2.16Memorandum
To:
444 Cedar Street, Suite 1500
Saint Paul, MN 55101
Copies To:
651.292.4400
tkda.cam
Brenda Eklund, City Clerk
TKDA
Sherri Buss, RLA AICP,
Memorandum
To:
Scandia Planning
Commission
Copies To:
Neil Soltis, City
Administrator
Brenda Eklund, City Clerk
From:
Sherri Buss, RLA AICP,
Planner
Date:
January 18. 2016
Reference: Septic System Ordinance—
Public Hearing on Feb. 2, 2016
Project No.: 16023.000
Routing:
Washington County's Health Department contacted the City, and has requested that the City's
Development Code be updated to adopt the County's Subsurface Septic System Ordinance
(Chapter Four of the County's Development Code), and clarify that the City will handle
variances related to setbacks and zoning issues. County staff indicated that the current
reference to the County code in our ordinance does not make it clear that the County will handle
variance requests that relate to the technical requirements of septic systems, and the City will
handle variances related to setbacks and zoning. The County ordinance states that
modifications related to zoning will be heard by the Washington County Board of Adjustment
and Appeals. This has created some confusion about roles in handling variances in recent
applications such as the Helms variance in 2014. The Helms tried to appeal to the County to
overturn the City's decision and conditions for that variance. The County refused to hear the
appeal because the City has zoning authority, and has requested that the City amend its code
to try to avoid similar situations in the future.
Staff reviewed ordinances from other cities in Washington County that rely on the County to
enforce its Subsurface Septic System Ordinance requirements within those cities, including
those from Hugo, Forest Lake, and Cottage Grove. The proposed amendment, attached, is
based on the language that was used in those ordinances.
The Planning Commission review the proposed ordinance amendment in January, and
recommended scheduling a public hearing on the amendment at the February Planning
Commission meeting.
An employee owned company promoting affirmative action and equal opportunity