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8.b1 Potter Variance CC Staff Report TKDA ® | 444 Cedar Street Suite 1500 | Saint Paul, MN 55101 651.292.4400 • tkda.com An employee -owned company promoting affirmative action and equal opportunity. Memorandum To: Scandia City Council Reference: Potter Variance Application Copies To: Brenda Eklund, Clerk Ken Cammilleri, City Administrator Dan Potter, Applicant Project No.: 18108.000 Potter Variance From: Evan Monson, Planner Routing: Date: May 12, 2021 SUBJECT: Variance to construct a septic system within the west side yard setback MEETING DATE: May 18, 2021 LOCATION: 13260 182nd St N, PID 33.032.20.44.0004 APPLICANT/OWNER: Dan Potter ZONING: General Rural (GR), Shoreland Overlay REVIEW PERIOD: May 14, 2021, 120-day July 13, 2021 ITEMS REVIEWED: Application and plans received March 15, 2021 DESCRIPTION OF THE REQUEST: The applicant is looking to make some changes to their existing property located on the south side of the city along Big Marine Lake. The proposed changes would include a new septic system, a new detached garage, and adding onto an existing deck located on the northeast corner of the house. The proposed changes would require multiple variances. The Planning Commission reviewed the requests at their May 4th meeting. The variance request for the new septic system was recommended to the Council, while the other requests were tabled for further review. The proposed septic system would be within the side yard setback from the west property line. The lot itself is nonconforming, as it is not meeting the minimum lot size for either the GR or Shoreland Overlay zoning districts. The old existing septic system is partially located within the west side setback; the new system would occupy a similar location. PROPERTY INFORMATION Parcel description: 13260 182nd Street North is located on the south side of the city along the Big Marine Lake. The parcel has 19,632 square feet of land located above the ordinary high water level (OHWL), which makes it nonconforming to the minimum lot sizes required in the applicable zoning districts. The lot slopes down towards the river from the right-of-way. An existing house, not meeting the lake or east side setbacks, is currently located on the site. Potter Variance Staff Report May 18, 2021 Scandia City Council Page 2 Zoning: GR, Shoreland Overlay Land use: Single-Family Residential EVALUATION OF VARIANCE REQUEST Applicant’s Explanation of the Plan and Variance Requests (Note that the other variance requests are still under review by the Planning Commission) “We recently purchased our home (July 2020) on 182nd Street in Scandia along the SE bay of Big Marine Lake. We are excited to be part of this Scandia lakeside neighborhood and intend to make this home our primary year round residence and our future retirement home. As required for the purchase of the property, the septic system, which was installed in 1989 when the home was built, was inspected and deemed non-compliant per the latest standards. Therefore, we are submitting this application to replace the existing septic system with a new sub-surface sewage treatment system. The new system design incorporates the latest technology including a time dosed delivery offering the best protection methods to protect the groundwater and surrounding wetlands. Also, as part of this application, we wish to add a new detached 2-car garage that offers an off-street parking area. We have found during the winter months that the driveway becomes extremely slippery and dangerous due to the steep grade making the current garage unusable at times. We feel a modestl y sized garage as proposed will alleviate this hardship and we intend to take reasonable measures to minimize impervious surface impact and direct as much run-off as feasible away from the lake. Finally, we wish to add a staircase with a small addition to an existing deck at the rear of the house to provide for an emergency egress/exit and area for a grill/table off the kitchen of the house. Currently the only entrance/exit on the main floor of the house is the front entrance on the south side at grade le vel. This exit is also near the inside staircase to the lower level of the house. Due to the steep slope of the property a staircase would be required off of the main floor on the north side of the house to get to grade level. There is a currently an exterior door and small deck at the NE corner of the house that would be utilized to provide a second exit from the upper level in case of an emergency. We believe this request is reasonable and that the proposed changes fit within the character of the neighborhood. We believe the septic system is well thought out and properly designed for the property. Also, there are currently multiple detached garages in the neighborhood and many more significant lakeside decks and staircases throughout the neighborhood. We would appreciate your approval of our application as proposed. Thank you for your consideration of our application.” Staff Comments on the Variance Request Engineer The City Engineer provided the following comments on the multiple variance requests. (Note that the other variance requests are still under review by the Planning Commission)  Street culvert elevation needs to be verified on which way drainage flows. If it does not flow south proposed improvements should not be approved. With additional imperious area the area along the road and existing fence parallel to 182nd Street N really needs to establish a ditch if proposed improvements are approved. Construction of garage or ditching needs may require relocation/removal of fence. Placing a perm anent structure within front setback could create future ongoing issues. City won’t be responsible for any building damage or flooding and recommend also executing an encroachment agreement if garage is approved as is. If Potter Variance Staff Report May 18, 2021 Scandia City Council Page 3 garage is shifted further north outside setback requirements still recommend to complete some ditching along roadway.  Proposed deck being located less than 4 feet from property line could create drainage issues onto adjacent property and or liability issues. Information provided is hard to review specific area and a site visit shall be completed by the Planning Commission to review closer.  Site improvements shall be within compliance of the Watershed District. Stormwater management improvements shall be anticipated as conditions of appro val for their permit.  Proposed improvements will result in loss of some tree canopy and discussion on if tree replacement plan should occur to show tree replacements on the final plans if required.  Proposed project will disturb fifty (50) cubic yards or more and/or disturbance of 600 square feet or more, thus a grading permit will be required. Should be anticipated a lot of grading will be needed along the septic tanks side lot line to ensure drainage does not discharge onto adjacent property.  Soil piles and exposed vegetation areas must be contained with erosion control devices, including multi rows of erosion control considering how steep the slopes are on this site.  Temporary restoration may be required to contain any erosion. Upon completion of the grading, site restoration shall be completed as soon as possible.  Septic system will be permitted by Washington County.  Verify slope of driveway being proposed on new garage, does this garage need a full width driveway? o This would be an easy place to remove the full width to reduce impervious area. o Also could the small existing shed in the north be removed with the new proposed large garage to reduce impervious area? Watershed The CMSCWD noted the following would need to be done in order for a watershed permit to be issued. (Note that the other variance requests are still under review by the Planning Commission)  Stormwater management - A stormwater management plan with BMPs. This can be incorporated from the conversation we had about raingardens and the potential placement of a raingarden. The BMPs should be sized based on the total impervious like we previously discussed. The stormwater management plan should include how stormwater will be routed to the BMPs and how the BMPs will be constructed. I’ve attached the CMSCWD’s guidance document for raingarden construction in case that is helpful, as we’ve discussed that as an option for you previously.  Erosion and sediment control - An erosion and sediment control plan for construction on the site. This includes: silt fence, bio logs, a rock construction entrance, protection of BMPs, revegetation plans for disturbed areas (usually grass seed or sod), and the construction sequence.  Marking of the lake buffer (approximately 29 ft.).  Submittal of additional permit application fee ($250) to cover buffer requirements.  Confirmation of approval of variance request from City of Scandia.  A draft Declaration for Maintenance of Stormwater Facilities (not signed or notarized).  A draft Buffer Declaration. DNR The East Metro Area Hydrologist did not have any comments at the time of this staff report. Potter Variance Staff Report May 18, 2021 Scandia City Council Page 4 Development Code The Development Code notes in Chapter Two, Section 2.6 the setbacks for the General Rural (GR) zoning district. The side setbacks are 20 feet, while the front setback is 40 feet. The Shoreland Management Regulations, Chapter Five of the Development Code, note the setback for buildings from the OHWL of a ‘recreational development’ lake is 100 feet. The existing house is within the lake setback and the side setback. The Shoreland Management Regulations require a setback of 75 feet from the OWHL of ‘recreational development’ lakes; which this proposed system would meet. Variance Criteria and Findings Chapter One, 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 findings regarding the requested variances.  Variances shall only be permitted when they are in harmony with the Comprehensive Plan and general purposes and intent of the official control. The proposed new septic system would meet all other requirements, apart from the 20 foot setback from the side property line. Conditions for approval should be considered to meet the Comprehensive Plan land use objective of ‘conducting development in a manner that is sensitive to the impact upon natural features and to environmental constraints, including but not limited to scenic views, surface water, wetlands, slopes, woodlands, vegetation, drainage ways, shorelands, and flood plain areas’. The Planning Commission have conditions of approval to ensure the request is in general harmony with 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). The current use of the property is single-family residential, which would not change if these variance request is approved. The property is in the GR and Shoreland overlay zoning districts, which permit single-family residential use. Proposing to continue to use the property for residential use is a reasonable use.  The practical difficulties are not caused by the landowner and are unique to the property. The practical difficulties are due to the lot and house being nonconforming. The lot itself does not meet the minimum lot size, or buildable area (1 acre) requirements of the underlying zoning district and the overlay. These nonconformities were not created by the landowner. This lot was legally created long before the current regulations were adopted, as was the house. The practical difficulties of the lot being non-conforming are not caused by the current landowner and are unique to the property.  The variances would not alter the essential character of the area. The proposed variances would be for a new septic system in the west side yard setback. The new septic system would be necessary to meet modern standards, and would not differ from systems found throughout the area. The use and function of the property would remain residential, as is the use of other nearby lots in the area. The installation of the proposed system would not alter the essential character of the area.  Economic conditions alone shall not constitute practical difficulties. Potter Variance Staff Report May 18, 2021 Scandia City Council Page 5 The practical difficulties are related to the existing structure not meeting the current setbacks required by the code, and the existing lot being nonconforming. 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. Granting the requested variance for the septic system would not result in limiting light or air to neighboring properties. The land use will still be single-family residential, so increases to congestion, fire danger, or public safety are not expected. The property values of neighboring values would not be negatively impacted, either, if the requested variances are granted. The requested 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. Given the size of the lot, and the location of the house, it would be hard to find an acceptable location for the new septic system that isn’t within a setback area. It would appear the proposed location is the most minimal action required. The requested variance for the septic system is the minimum action required to elim inate the practical difficulty.  Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. The variances are not related to a need for direct sunlight for solar energy systems. The findings support granting a variance for the location of the new septic system. ACTION REQUESTED The City Council can do one of the following: 1. Approve 2. Approve with conditions 3. Deny with findings 4. Table the request STAFF RECOMMENDATION The Planning Commission recommended to approve the variance to the minimum side setback for the septic system. The following conditions of approval for the variance was recommended: 1. The proposed septic system shall follow the setbacks indicated on the survey reviewed with this request. 2. The applicant shall secure applicable permits from the Carnelian Marine St. Croix Watershed District, and comply with their requirements. Potter Variance Staff Report May 18, 2021 Scandia City Council Page 6 3. A grading plan and erosion control plan shall be submitted to the city for review prior to issuance of a building permit, showing any areas of soil disruption, in order to ensure that proper erosion control measures are taken. 4. Documentation from Washington County approving a new septic system shall be turned into the City. 5. The applicant shall secure any other applicable Federal, State, County, and local permits required for the project. 6. The applicant shall pay all fees and escrows associated with this application.