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5.b PC Staff Report_Adams Variance 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 Planning Commission Reference: Adams Variance Application Copies To: Brenda Eklund, Clerk Ken Cammilleri, City Administrator Austin Adams, Applicant Project No.: 18108.000 Adams Variance From: Evan Monson, Planner Routing: Date: May 25, 2021 SUBJECT: Variances to construct a new septic system within required setback areas from the existing house, garage, and side property line MEETING DATE: June 1, 2021 LOCATION: 12408 228th St N, PID 09.032.20.22.0035 OWNERS: Leif and Emmy Lundeen APPLICANT: Austin Adams ZONING: General Rural (GR), Shoreland Overlay REVIEW PERIOD: July 10, 2021, 120-day September 8, 2021 ITEMS REVIEWED: Application and plans received May 11, 2021 DESCRIPTION OF THE REQUEST The applicant recently purchased the property, and is looking to upgrade and improve the septic system on the site currently. The proposed absorption area for the system would be located approximately in the center of the lot, north of the garage, with tanks located to the west of the current house. The absorption area is proposed to be 16 feet from the house, 13.3 feet from the east property line, and 9.5 feet from the garage. The City has adopted by reference the Washington County standards for septic s ystems, Washington County Development Chapter 4 – Subsurface Sewage Treatment. The standards require that a 20 foot setback be had between occupied structures, such as a house, and the soil treatment and dispersal area for a septic system, as well as a 10 foot setback from non-occupied structures, such as a garage. The proposed lot is small, and with the placement of the existing structures already on the property, the proposed system is shown is encroaching into two setbacks required under the standards from the county. Adams Variance Staff Report June 1, 2021 Scandia Planning Commission Page 2 PROPERTY INFORMATION Parcel description: 12408 228th Street North is located in the northwest side of the city, approximately 160 feet south of Bone Lake and west of Meadowbrook Avenue. Due to its proximity to the lake, the parcel is within the Shoreland Overlay zoning district. The parcel is approximately 0.41 acres in size, which makes it nonconforming to the minimum lot sizes required in the applicable zoning districts. The lot currently has a house located on the north side, and a detached garage on the south side. Zoning: GR, Shoreland Overlay Land use: Single-Family Residential Figure 1: Subject Parcel highlighted EVALUATION OF VARIANCE REQUEST Applicant’s Explanation of the Plan and Variance Request “Due to the limited space on our property, our new septic system mound will be located closer to the house than the required 20 foot setback which requires [a] variance from the city. We need a permit of variance to give to our septic company so they can install a new septic system.” Staff Comments on the Variance Request Engineer The City Engineer provided the following comments regarding the request. Adams Variance Staff Report June 1, 2021 Scandia Planning Commission Page 3  A grading permit will be required, since the project is within 1,000 feet of a lake and will likely disturb more than 10 cubic yards of material Watershed There was no comments received from the Comfort Lake Forest Lake W atershed District at the time of this staff report. DNR The East Metro Area Hydrologist did not provide comments at the time of this staff report. Washington County While the City has adopted the County septic regulations by reference, the County still issues permits for septic systems. The County’s Department of Public Health and Environment is currently working with the applicants in the permit process; variances to setback requirements are needed prior to the issuance of a permit. Apart from the setbacks, County staff has indicated the proposed system meets their requirements. Their staff provided the following comments as well: “We never like seeing a septic system installed closer to a home than what is in code, simply because there is the (small) potential for effluent to come into contact with people’s living space. That being said, something is going to have to give to get a new system installed due to the size and orientation of this lot. The only setback that is non-negotiable from our perspective is the setback to the well. I would say we aren’t too worried about it being a little closer to the home due to the type of soil present. The fine sand should allow for decent infiltration without much hor izontal movement and I would expect the effluent to stay within the designed absorption area. There would need to be a significant error in either the design or installation to cause the effluent to not only go beyond the designed absorption area but to then also travel the 16 feet to the house.” Development Code The side setback for the GR zoning district is 20 feet, as noted in Chapter Two, Section 2.6(7). The proposed absorption area is located 13.3 feet from the east side property line, so a variance is necessary to build at such a distance. As mentioned before, the City has adopted by reference the Washington County standards for septic systems – Chapter 4 of the W ashington County Development Code. Chapter 4, Section 16 requires setbacks for soil treatment and dispersal areas of 20 feet from occupied structures (such as a house), 50 feet from a well, and 10 feet from unoccupied structures (such as a garage). The proposed system meets the setback from the well, but is not meeting the setbacks from the house or garage. 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 Planner’s 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. Adams Variance Staff Report June 1, 2021 Scandia Planning Commission Page 4 Chapter IX of the Comprehensive Plan, Water Resources, discusses sewage systems. The Comprehensive Plan notes an objective that “In cooperation with Washington County, enforce strict conformance with regulations for the design, installation, and maintenance of on-site treatment systems including minimum design, licensing, and installation requirements of Minnesota Rules Chapter 7080.” The Comprehensive Plan does not discuss or address situations of where setback variances for such systems may be needed, but does note that in the absence of access to a public system, an individual or community system will need to be used. Given that, apart from setbacks, the proposed system meets applicable requirements, the request appears to be 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 this variance request is approved. 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 parcel not conforming to the minimum lot size. Combined with the existing structures on the site, there is a limited amount of space to use for a septic system without encroaching into a setback. These issues were created prior to the current owner acquiring the property, and have been present prior to the current setback requirements for such systems being adopted. 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 use and function of the property would remain residential, as is the use of other nearby lots in the area. Installing a new septic system on a lot would not alter the character of the neighborhood. Granting the variances 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 amount of land available on this nonconforming lot. 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 variances 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 should not be negatively impacted, either, if the requested variances are granted. The requested variances 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 lot is smaller than is required. A house and a garage currently occupy the lot. The proposed septic, while able to meet some setbacks, is as proposed still encroaching into some required setback areas. Apart from adding more land to the lot, or moving the existing structures away Adams Variance Staff Report June 1, 2021 Scandia Planning Commission Page 5 from the system, there are no ways to create enough space on the parcel to c onstruct a system that meets every required setbacks. Without a variance of some sort to setback requirements, the lot would be rendered unable to have a septic system. The requested variance appears to be the minimum action required to elim inate the practical difficulty of the nonconforming lot not providing ample space for a septic system that meets required setbacks.  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 requested variances to setback requirements. ACTION REQUESTED The Planning Commission can recommend to the Scandia City Council that it do one of the following: 1. Approve 2. Approve with conditions 3. Deny with findings 4. Table the request PLANNING STAFF RECOMMENDATION The Planner recommends that the Planning Commission recommend approval of variances to construct a new septic system within required setback areas from the existing house, garage, and side property line, at 12408 228th Street North. The following conditions for the variances are recommended: 1. The proposed septic system shall follow the setbacks from the house, garage, and property lines as shown on the site plan submitted to the city and reviewed with this request. 2. The applicant shall secure any applicable permits from the Comfort Lake Forest Lake Watershed District, and comply with their requirements. 3. A grading plan and erosion control plan shall be submitted to the City for review prior to issuance of a septic permit, showing any areas of soil disruption, in order to ensure that drainage is not directed to adjacent properties and proper erosion control measures are taken. 4. The applicant shall secure any other applicable Federal, State, County, and local permits required for the project. 5. The applicant shall pay all fees and escrows associated with this application.