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08.b1b McGinley 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: McGinley Variance Application Copies To: Brenda Eklund, Clerk Ken Cammilleri, City Administrator Mark and Dawn McGinley, Applicant Project No.: 18108.000 McGinley Variance From: Evan Monson, Planner Routing: Date: July 13, 2021 SUBJECT: Variances to construct a new septic system within required setback areas from the ordinary high water level (OHWL) of the St Croix River MEETING DATE: July 20, 2021 LOCATION: 21529 St Croix Trail N, PID 18.032.19.13.0002 APPLICANT/OWNERS: Mark and Dawn McGinley ZONING: Agriculture Core (AG C), Lower St. Croix River Corridor Overlay REVIEW PERIOD: July 26, 2021, 120-day September 24, 2021 ITEMS REVIEWED: Application and plans received May 27, 2021 DESCRIPTION OF THE REQUEST The subject property has a seasonal cabin located on it, which the applicant would be adding an addition onto. There is no septic, or public sewer, for this property, so the applicant would like to bring the property into the 21st century and add a septic system on the site as well. The proposed addition to the cabin meets the requirements of the Development Code. The proposed tank system would be 103 feet from the ordinary high water level (OHWL) of the river, which would require a variance. The City has adopted by reference the Washington County standards for septic systems, Washington County Development Chapter 4 – Subsurface Sewage Treatment. The standards require that a 150 foot setback be had from the OHWL of the river for tanks or soil treatment areas. The proposed lot does not have much depth to it from the lake, and with the slopes on the west side, code compliant locations for a septic system on the site are very limited. The request was reviewed by the Planning Commission at their July 6th meeting, and was recommended for approval. McGinley Variance Staff Report July 20, 2021 Scandia City Council Page 2 PROPERTY INFORMATION Parcel description: 21529 St Croix Trail North is located along the river, northeast of the intersection of Scandia Trail / TH 97 and St Croix Trail / TH 95. The parcel is approximately 1.23 acres in size, which makes it nonconforming to the minimum lot sizes required in the applicable zoning districts. Railroad tracks border the west side of the parcel, which slopes down from the west side towards the shore. The lot currently has a seasonal cabin, as well as a shed on it. There is currently no septic system located on the property, and there is no sewer connection available either. Zoning: AG C, St Croix River Overlay Land use: Single-Family Residential Figure 1: Site Plan, with septic location shown near center of lot EVALUATION OF VARIANCE REQUEST Applicant’s Explanation of the Plan and Variance Request “We are requesting approval to add an addition to our existing cabin at 21529 St Croix Trail N, Scandia MN including two bedrooms, bath to replace the existing privy, and mechanical room. We are seeking to McGinley Variance Staff Report July 20, 2021 Scandia City Council Page 3 place a new septic system holding tank on the property which will require a variance for the holding tank system, as well as a variance for the distance of the tank to the OHWL of the St Croix River. The sit e constraints (size, location, [and] existing structure) reduce the options for a septic system to the holding tank option.” Staff Comments on the Variance Request Engineer The City Engineer provided the following comments regarding the request.  A grading permit shall be required.  The project shall be in compliance with any requirements and permits needed from the Watershed.  Document the 6 trees being allowing for removal.  Erosion & sediment control will be very important on this site.  The septic system will require a permit from Washington County. Watershed The Carnelian Marine St Croix W atershed District noted if the total area of disturbance is under 5,000 square feet that a permit would not be needed from them. National Park Service The National Park Service has scenic easements over the lots in this area of the City. The proposed project would result in six trees needing to be removed near the cabin, which was approved by the NPS in May. 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. At the time of this staff report, the County has not provided comments to the City regarding the request. Development Code As mentioned previously, the City has adopted by reference the Washington County standards for septic systems – Chapter 4 of the Washington County Development Code. Chapter 4, Section 16 requires setbacks for tanks or soil treatment and dispersal areas of 150 feet from the OHWL of the St Croix River. The proposed location is 103 feet from the OHWL, so the variance would be 47 feet from the normally required 150 feet. The lot is not very deep, as it is only 198 feet deep on the north end and 168 feet on the south end. This puts most of the property within the 150 foot setback. Portions outside of this setback would be on the west side of the lot, which slopes down from the railroad right -of-way to the east. Portions outside of this setback would also be in close proximity to the well on-site, which require a 50 foot setback from the tank to the well. The proposed location of the system does meet the required setbacks from structures, wells, and property lines. Without a variance being granted for the setback from the river, it would be difficult to provide a septic system for the property under the current requirements. McGinley Variance Staff Report July 20, 2021 Scandia City Council Page 4 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 Planning Commission’s findings regarding the request.  Variances shall only be permitted when they are in harmony with the Comprehensive Plan and general purposes and intent of the official control. 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 installat ion 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 com munity system will need to be used. Given that the site has not septic or public sewer, and 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 for a seasonal cabin, which would not change if this variance request is approved. Proposing to continue to use the property for seasonal 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 limited amount of space suitable for a septic system that aren’t encroaching into the required setback from the river. The lot is 198 feet deep at the furthest point from the OHWL. Given that the setback from the river is required to be 150 feet, the system would be limited to locations on the far west side of the lot. The west side of the property slopes down from the east side property line towards the river. The slopes on the west side of the lot were not created by the landowner, and without a considerable amount of grading would not be suitable for a septic system. The practical difficulties 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 as it is currently, a seasonal cabin, as is the use of other nearby lots in the area. Installing a new septic system on the 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 suitable land for a septic system located outside of required setbacks. 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. McGinley Variance Staff Report July 20, 2021 Scandia City Council Page 5 Granting the requested variances would not result in limiting light or air to neighboring properties. The land use will not change, 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 request is 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. The lot is smaller than is typically required, which results in most of the lot being in the required setback from the river. The west side of the lot slopes down from the property line abutting the railroad towards the river. The proposed septic system, when able to meet other setbacks and being away from slopes, would still be encroaching into the setback from the river. Apart from clearing and grading areas on the west side of the lot that are further than 150 feet from the OHWL, it is hard to find a location that does not encroach into the setback from the river. The requested variance appears to be the minimum action required to eliminate the practical difficulty of the lot lacking suitable 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 variance to setback requirements. ACTION REQUESTED The Scandia City Council can do one of the following: 1. Approve 2. Approve with conditions 3. Deny with findings 4. Table the request RECOMMENDATION The Planning Commission recommended approval of variances to construct a new septic tank system within required setback areas from the St Croix River, at 21529 St Croix Trail North. The following conditions for the variances were recommended: 1. The proposed septic system shall follow the setbacks from the OHWL of the St Croix River 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 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 and locations of any trees to be removed, in order to ensure that drainage is not directed to adjacent properties and proper erosion control measures are taken. McGinley Variance Staff Report July 20, 2021 Scandia City Council Page 6 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.