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7.b)3) TKDA Memo-Conley Variance Application �v 444 Cedar Street,Suite 1500 �s Saint Paul,MN 55101 651.292.4400 � tkda.com TKDA Memorandum To: Scandia City Council Reference: Conley Variance Application, Kristina Handt, City City of Scandia Administrator Copies To: Thomas and Angeline Conley, applicants Project No.: 15253.013 From: Sherri Buss, RLA AICP, Routing: Planner Date: June 12, 2013 SUBJECT: Conley Variance Request for Setbacks for Septic System and Well MEETING DATE: June 18, 2013 LOCATION: 16963 197th Street Scandia, Minnesota APPLICANTS: Thomas and Angeline Conley 5209 Morgan Avenue South, Minneapolis, MN ZONING: Agriculture Core (AG C) and Saint Croix River District 60-DAY PERIOD: July 14, 2013 ITEMS REVIEWED: Application and Plan received May 15, 2013; supplemental materials regarding Septic System from Washington County and National Park Service; wetland determination by Washington Conservation District BRIEF DESCRIPTION OF THE REQUEST: The applicants are requesting a variance to locate a new septic system and well on the property. The location proposed for the septic system requires a variance from the septic system setback requirements in the St. Croix River District. The proposed well location requires a variance from the St. Croix River District's structure setback requirements. The septic system will also require a variance from Washington County's wetland setback requirements for septic systems. The property includes two parcels that total .71 acres in size, and is located in the Agriculture Core (AG C) District and within the Saint Croix River District. An employee owned company promoting affirmative action and equal opportunity Conley Variance Staff Report Scandia City Council Page 2 June 18,2013 DETAILED EVALUATION OF THE REQUEST: Comprehensive Plan The applicant is proposing to continue the seasonal use of the cabin and property. The Comprehensive Plan indicates that the goals for the Agriculture Core (AG C) District include preserving land for agricultural use and preserving the rural character of the City. The recommended minimum lot size in the AG C District is 2 acres. The Plan describes the St. Croix River District as a distinct community located along the steep, wooded river bluffs. Goals and policies for the River District include protecting the natural and scenic resources of the River Corridor, while allowing the traditional residential and recreational land use patterns in the District to continue. The proposed use of the propertv is consistent with the qoals and policies of the Comprehensive Plan for the uses in the Aqriculture Core District and St. Croix River District. Development Code Requirements: Lot Size and Setbacks The applicant's lot includes two parcels that together are .71 acres in size. The current minimum lot size in the AG C district is 2 acres, and in the St. Croix River District (Rural District) is 2.5 acres. The lot is a nonconforming lot that was created before the current Development Code and River District requirements. The required setbacks in the Saint Croix River Overlay District and AG C District include the following: • Structure setback from the Ordinary High Water Line (OHWL): 200 feet • Soil absorption portion of the sewage system setback from the OHWL: 150 feet • Sewage system tank setback from the OHWL: 30 feet • On-site sewage treatment system setback from the bluffline: 40 feet • Front setback: 40 feet • Side setback: 20 feet • Rear: 50 feet • Top of bluff:30 feet Washington County Department of Health setback requirements that apply to this application include the following: • Septic system and well setback from wetland: 75 feet • Septic system mound setback from cabin: 20 feet • Septic system tank setback from cabin: 10 feet • Well setback from septic system or tank: 50 feet Pete Ganzel of Washington County completed an analysis of the proposed septic system for a previous owner of the property (July 18, 2003 letter attached). The analysis identified a location on the property with soils suitable for an on-site septic system. The analysis also indicated that if a septic system is constructed on the property, it will require a well to provide potable water. The analysis indicated that the proposed septic system and well require variances for the following: • The proposed mound is within 130 feet of the OHWL of the Saint Croix River, and therefore requires a variance from the setback requirement • The proposed mound system and tanks are within 75 feet of the wetland shown along the south property boundary, and the well is within 75 feet of the wetland shown on the �1 Conley Variance Staff Report Scandia City Council Page 3 June 18,2013 east parcel of the property. Both locations would require a variance from the required wetland setback. • The proposed well location will require variances from the wetland setback requirement in order to maintain the required distance from the septic system mound, tank and cabin. Expansion of existinq structure for new bathroom The applicants indicated that they may expand the existing cabin to include a bathroom on the west side. The location will be dependent on the need to maintain the required separation between the cabin and septic system mound and tank. The proposed cabin expansion does not require a variance if the expansion would be on the side of the cabin away from the St. Croix River. National Park Service (NPS) staff noted in a letter to the City (May 23, 2013) that the lot is located within an NPS scenic easement, and is nonconforming because it does not meet the minimum lot size requirement and the requirement to have at least 250 feet of width parallel to the river for lots within the easement. The applicants are required to submit any requests for new structures or an expanded structure to the NPS for review. The proposed conditions include a requirement that the applicants submit their request for a cabin expansion or other buildinq chanqes to the NPS for review and approval before the City will issue a buildinq permit. Accessory Structures There is one existing shed on the property that is approximately 110 square feet in size. No additional structures are proposed. Lot Coverage The St. Croix River District allows maximum impervious coverage up to 20%. The size of the property is .71 acres (30,928 square feet). The existing impervious area is approximately 1200 square feet. The existing lot coverage is approximately 4%. The propertv meets the lot coveraqe requirement. If the propertv owner decides to exqand the cabin to include a bathroom, the expansion will need to meet the impervious coveraae requirement. Building Height No new buildings are requested in the application. Wastewater Treatment and Potable Water Septic Svstem The existing cabin uses a composting toilet and utilizes the spring on the property as a source of water. The County Health Department analyzed the property for a potential septic system in 2003. The analysis included soil borings and location of suitable soils for a system. The potential locations are limited in order to utilize suitable soils and meet all of the setback requirements within the River District and Health Department setback requirements from wetlands and structures. 7 Conley Variance Staff Report Scandia City Council Page 4 June 18,2013 Pete Ganzel, Senior Environmental Specialist at the Health Department, provided a letter (July 18, 2003, attached) that describes the septic and well situation on the property, and the need for variances to replace the existing systems. He indicated that the letter and attached soil information are still accurate, and that the County Health Department supports replacement of the existing system. Jed Chesnut, Washington Conservation District, completed a wetland determination at the property on May 22, 2013. His determination supports the previous determination by Jeannine Thatcher in 2003. The "low areas" identified on the sketch plan indicated the approximate boundaries of the wetland areas on the property. The NPS also noted the need for variances from the required setback from the St. Croix River and the wetland areas in order to construct the new septic system. Like the County, the NPS indicated that it believes that the variance request is justified. The NPS requested that the conditions recommended by Jeanne Thatcher be required for the variance. The Planner has included those proposed conditions—that drv prairie species be planted on the mound and that mesic prairie species be planted in the area between and down-hill from the mound in the areas disturbed to install the new system. The applicant should provide the proposed seed list for the plantinqs for staff review with the buildinq permit application. Comments from Neiqhbor A neighboring property owner, Will Eginton, provided information to the Planner, Planning Commission and the County staff that indicated that the area proposed for the new septic system was tiled to improve drainage in the 1990's. He expressed concerns that the area may not be suitable for installation of an on-site septic system, and concerns that the tile system is connected to the existing spring box that is used for water. Pete Ganzel, Washington County Health Department, responded to the information. Pete indicated that the tiling does not change the situation for locating a mound on the property from the analysis and recommendations he made in 2003. Based on his review and on the soil borings, Pete indicated that there is adequate original mineral soil for a small mound system. Pete noted that the tilinq has chanqed the wetland boundaries on the propertv, and suqaested that the sewaae svstem desiqner should complete a final delineation in order to locate the system. Pete also recommended that to eliminate anv question about whether the sprinq box is usable for potable water, that the plans should include abandonment of the tile line that qoes to the sprinq box, and extendinq the tile line to davliqht alonq the bluff. The Planner has included the Washinqton Countv Health Department recommendations in the proposed conditions for the variance. Well The cabin currently obtains drinking water from a spring box on the site. Pete Ganzel indicated that use of the spring box for potable water will need to be discontinued when the new septic system is installed. The applicants will need to install a new well to serve the property. The well will require a variance from the 75-foot setback requirements from the wetland (see sketch plan) in order to meet the requirements for separation from the septic system and St. Croix River. The proposed conditions require that the applicants obtained the required permits for the new well and abandon the tile line connections to the sprinq box, as noted above. 7 Conley Variance Staff Report Scandia City Council Page 5 June 18,2013 Stormwater Management and Land Alteration No alteration is proposed in the grades on the site. The Planner sent the application to the Carnelian-Marine Watershed District for review and comment. Jim Shaver, District Administrator, indicated that the construction of the new septic system is likely to require an erosion control permit from the District. The proposed conditions include a requirement that the applicant obtain the required permit. The City's ordinance requires that the applicants obtain a land alteration and grading permit if 1,000 square feet or more of land area will be disturbed for the proposed expansion. The applicants should obtain the land alteration and qradinq permit if the land disturbance exceeds 1,000 square feet. Landscape P/an As noted in the discussion of the requirements for the new septic system, above, the Planner has included those proposed conditions—that drv prairie species be planted on the mound and mesic prairie species be planted in the area between and down-hill from the mound in the areas disturbed to install the new svstem. The applicant should provide the proposed seed list for the native seed mix plantinqs for staff review with the buildinq permit application. Agency Comments The Planner sent the application to the NPS, CMSCWD, DNR and Washington County for review and comment. Comments from the NPS, CMSCWD and Washington County are noted in the sections above and included in the attachments. The DNR provided information about the location of the OHWL for this variance, and concurs with the NPS and Washington County that the variance is justified. CRITERIA FOR VARIANCES AND FINDINGS Chapter 1, Section 6.0 of the Development Code includes the criteria and required process for considering variance requests. Variances may only be granted when the terms of the variance are consistent with the Comprehensive Plan and in harmony with the general purpose and intent of the development code. The other variance criteria include: 1. The applicant proposes to use the property in a reasonable manner not permitted by the Development Code. 2. The plight of the landowner is due to circumstances unique to the property not created by the landowner. 3. The variance, if granted, will not alter the essential character of the locality. 4. Economic conditions alone shall not constitute practical difficulties. 5. 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. 1 Conley Variance Staff Report Scandia City Council Page 6 June 18,2013 6. The required variance is the minimum action required to eliminate the practical difficulty. 7. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. The applicant is requesting a variance from the Development Code requirements to locate a new septic system and well on the property to replace existing systems that are not adequate to serve the cabin. The applicants are requesting the following: • A variance of approximately 20' from the required 150' setback from the St. Croix River of the proposed septic system mound. • A variance of approximately 25' feet from the required 75' wetland setback for the proposed septic system. • A variance from the required 75' wetland setback for the proposed well. The final location of the septic system and well will be determined in relationship to the delineated wetland edge and to each other, based on the separation required by the County. The locations will be approved in the permits for the septic system and well. The applicants note that the practical difficulties are based on the small lot size, and location of the wetlands on the property. PLANNING COMMISSION PUBLIC HEARING AND DISCUSSION The Planning Commission held a public hearing for this application on June 4. Several neighbors provided comments to the City supporting the application for a variance. One neighbor, Will Eginton, discussed his concerns that the proposed septic system could impact the water quality of the St. Croix River. The Planning Commission discussed this issue at length, and revised one of the conditions to require that new soil borings or a new perc test be required, and that the results be submitted to the CMSCWD, National Park Service and Washington County, and that the Watershed District provide recommendations to the County regarding design of the septic system, if needed, to protect the water quality of the St. Croix River. The Planner discussed this issue with the County and the CMSCWD, and they agreed that soil borings may provide useful information, but a new perc test is not needed. Findings The following bullets present the Planning Commission's findings related to the Conley request for a variance, based on the statutory criteria for granting a variance. Each of the criteria is shown in italics: • Variances shall only be permitted when they are in harmony with the general purposes and intent of the official control. Granting the requested variance is in harmony with the purposes and intent of the Comprehensive Plan and Development Code based on the following: • The proposed use of the parcels for a seasonal single-family residence is generally consistent with the Comprehensive Plan goals and policies for the Agricultural Core and St. Croix River District. • A well and septic system that meet State and County requirements are necessary for a single-family residence. Replacement of the existing inadequate septic system is 7 Conley Variance Staff Report Scandia City Council Page 7 June 18, 2013 supported by the Washington County Health Department, National Park Service and Minnesota DNR. System replacement supports the goals of the Comprehensive Plan to protect natural resources in the St. Croix River District. • Replacement of the septic system will require a new well for potable water. • The property owner proposes to use the property in a reasonab/e manner under the conditions allowed by official control(s). Single Family Residences, including seasonal cabins, and accessory structures are reasonable uses in the Agricultural Core District and Saint Croix River District. • The practical difficulties are not caused by the landowner, and are unique to the property. The practical difficulties for the replacement of the septic system and location of a new well are caused by small size of the parcel, the location of the existing wetlands, cabin and Ordinary High Water Level. The landowner did not create the conditions, and they are unique to the property. • The variance would not alter the essential character of the area. The property is located in an area with other single-family homes and cabins on small lots. The proposed septic system and well improvements will not be visible from adjacent properties. Granting the variance would not alter the essential character of the area. • Economic conditions alone shall not constitute practical difficulties. The practical difficulties are caused by the small size of the property, location of the existing wetlands, cabin and OHWL, and the need to maintain required separation between the septic system, well, and cabin. The difficulties are not related solely to economic conditions. • 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. The proposed variance will not impair the supply of light or air to adjacent properties. The property will remain as a single-family residential use and will not increase congestion or endanger public safety. Construction of the septic system and well will not diminish or impair property values. • The required variance is the minimum action required to eliminate the practical difficulty. The existing composting toilet is not adequate to serve the seasonal residential use, and Washington County has recommended replacing the toilet with an on-site septic system. If a new on-site system is installed, the County will require that a new well be installed to provide potable water. An adequate wastewater disposal system and potable water 1 Conley Variance Staff Report Scandia City Council Page 8 June 18,2013 system are necessary to support use of the cabin. The variance to provide these systems in a way that meets Health Department requirements is the minimum action required to eliminate the practical difficulty. • Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy sysfems. The variance is not related to a need for direct sunlight for solar energy systems. ACTION REQUESTED: The City Council may take the following actions: 1. Approval 2. Approval with conditions 3. Denial with findings 4. Table the request PLANNING COMMISSION RECOMMENDATIONS: The Planning Commission recommends that the City Council approve the variance to allow installation of an on-site septic system and well on the property at 16963 197th Street in Scandia Minnesota, in locations that are within the required setback from the St. Croix River and required setbacks from the wetlands on the parcel, with the following conditions: 1. The septic system and well shall be constructed in the approximate locations shown on the plan submitted to the City on May 15, 2013. 2. The applicants shall obtain the required County permits for the septic system and well. The final locations for the septic system and well shall be approved by Washington County with the permits for each system. 3. The applicants shall obtain a building permit for the proposed infrastructure and any proposed expansion of the existing cabin. The applicants shall submit a request for expansion of the cabin or any new structures to the National Park Service for approval before the City shall issue a building permit. Proposed building expansion or construction shall comply with the requirements of the Development Code. 4. The applicants shall seed or plant the mound area with native dry prairie species and shall plant any other areas disturbed for construction (between and downhill from the mound) with native mesic prairie species. The applicants shall provide the seed or planting list to the City for approval before approval of the building permit. 5. The applicants shall complete a final wetland determination to locate the mound system. 6. The applicants shall complete a new set of soil borings for the proposed septic system. The results shall be provided to Washington County, the Carnelian-Marine-St. Croix Watershed District, and the National Park Service for review. The Watershed District shall provide recommendations to Washington County, if needed, regarding the design and type of septic system to be constructed on the site so that it adequately protects the St. Croix River. The agencies shall consider the hydrogeology of the site in developing the requirements for the septic system. 1 Conley Variance Staff Report Scandia City Council Page 9 June 18, 2013 7. The plans for the septic system shall include abandonment of the existing tile line that goes to the spring box, and e�ension of the tile line to daylight along the bluff if required by Washington County. 8. The applicants shall obtain a land alteration and grading permit from the City if the area that will be disturbed for construction exceeds 1,000 square feet. The existing retaining wall and bluff shall be protected from disturbance during construction. 9. The applicants shall obtain the required erosion control permit from the Carnelian- Marine-Saint Croix Watershed District. 10. The applicants shall pay all fees and escrows. 1 _ ' RQv� se.�. g�Ig - I3 CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 06-18-13-04 APPROVING A VARIANCE FOR 16963 197TH STREET WHEREAS, Thomas and Angeline Conley have made an application for a Variance to allow construction of an on-site septic system and well on the property at 16963 197`h Street in locations within the required setbacks from the St. Croix River and wetlands on the parcel; and WHEREAS, the property is legally described as follows: Lots 4, 5, and 6 in Block l 9 of Revision of Vasa, according to the plat thereof on file and of record in the office of the County Recorder, Washington County, Minnesota. Also all that part of Steamboat Landing in said Revision of Vasa, described as follows: Commencing at the Southeast corner of Lot 6 in Block 19 in said Revision of Vasa; thence North on the East lines of said Lot 6 and Lot 5 in said Block 19 a distance of 100 feet to the Northeast corner of said Lot 5; thence East in a straight line, being an extension East of the North line of said Lot 5, to the low water mark of the St. Croix River; thence Southerly along the shore of said River to a point in the low water mark of said River located by extending the South line of said Lot 6 East in a straight line; thence West on said extended South line in said Lot 6 to the place of beginning, together with a perpetual easement over and upon a strip of land 20 feet in width to be used for roadway purposes on the property described as: Lots 2, 3, 4, 5, 6, 13 and 17, Block 18, Revision of Vasa, the center line of which is described as follows, to-wit: Running across and over Lots 2, 3, 4, 5, 6, 13 and 17, Block 18, Revision of Vasa from a point on the Easterly line of said Block 18 distant 173 feet Northwesterly from the Southeast corner of said Block 18 (bearing of said Easterly line of Block 18 being North 8° 00' West), thence South 85° 25' West 198 feet; thence North 1° OS' West, 60 feet; thence North 7° 35' East to the North line of said Block 18. According to the plat thereof on file and of record in the office of the County Recorder, Washington County, Minnesota. WHEREAS, the Planning Commission reviewed the request for the Variance at a duly noticed Public Hearing on June 4, 2013, and � Resolution No.: 06-18-13-04 Page 2 of 4 NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does approve the variance to allow construction of an on-site septic system and well on the property at 16963 197th Street in locations within the required setbacks from the St. Croix River and wetlands on the parcel as approved by Washington County, based on the following findings: 1. Granting the requested variance is in harmony with the Comprehensive Plan goals and policies for the Agriculture Core and St. Croix River District. The variance is supported by the Washington County Health Department, National Park Service, and Minnesota Deparhnent of Natural Resources. 2. The proposed seasonal single-family residential use is a reasonable use of the property under the Development Code and St. Croix River District reyuirements. 3. The practical difficulties for location of the septic system and well are caused by the small size of the parcel, the location of the existing wetlands, cabin and Ordinary High Water Level of the St. Croix River. The landowners did not create the conditions, and they are unique to the property. 4. The proposed expansion is consistent with the essential character of the Agriculture Core District and St. Croix River District. 5. The request is based on the small size of the property, the location of the existing wetlands, cabin and Ordinary High Water Level of the St. Croix River, and the need to maintain the required separation between the septic system, well and cabin. The practical difficulties are not related solely to economic conditions. 6. The proposed variance will not impair an adequate supply of light and air to adjacent properties, substantially increase the congestion of public streets, increase the danger of fire or endanger public safety or substantially diminish or impair property values in the neighborhood. 7. The requested variance is the minimum needed to eliminate the practical difficulties. An adequate septic system and well that meet Health Department requirements are required to allow habitation of the cabin. Washington County will require that if a septic system is installed, a new well must also be installed at the property. 8. The practical difficulty was not related to inadequate access to direct sunlight for solar energy systems; and FURTHER BE IT RESOLVED, that the following conditions of approval shall be met: 1. The septic system and well shall be constructed in the approximate locations shown on the plan submitted to the City on May 15, 2013. r Resolution No.: 06-18-13-04 Page 3 of 4 2. The applicants shall obtain the required County permits for the septic system and well. The final locations for the septic system and well shall be approved by Washington County with the permits for each system. The septic s sy tem permit shall include a monitorin�plan. 3. The applicants shall obtain a building permit for the proposed infrastructure and any proposed expansion of the existing cabin. The applicants shall submit a request for expansion of the cabin or any new structures to the National Park Service for approval before the City shall issue a building permit. Proposed building expansion or construction shall comply with the requirements of the Development Code. 4. The applicants shall seed or plant the mound area with native dry prairie species and shall plant any other areas disturbed for construction (between and downhill from the mound) with native mesic prairie species. The applicants shall provide the seed or planting list to the City for approval before approval of the building permit. 5. The applicants shall complete a final wetland determination to locate the mound system. , • � • > > 6. The applicants shall participate in a voluntary effort with the Carnelian-Marine-St. Croix Watershed District to add an iron filter to the sand layer of the septic system. The applicants shall allow the District to monitor the effectiveness of the iron filter in reducin�phosphorus. 7. The plans for the septic system shall include abandonment of the existing tile line that Igoes to the spring box, and extension of the tile line*^ a^��'�R'�* ^'^^R*'��'�'����if required by Washington County. 8. The applicants shall obtain a land alteration and grading permit from the City if the area that will be disturbed for construction exceeds 1,000 square feet. The existing retaining wall and bluff shall be protected from disturbance during construction. 9. The applicants shall obtain the required erosion control permit from the Carnelian- Marine-Saint Croix Watershed District. 10. The applicants shall pay all fees and escrows. Adopted by the Scandia City Council this 18th day of June, 2013. , Resolution No.: 06-18-13-04 Page 4 of 4 Randall Simonson, Mayor ATTEST: Kristina Handt, Administrator/Clerk r i CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 06-I8-13-04 APPROVING A VARIANCE FOR 16963 197rH STREET WHEREAS, Thomas and Angeline Conley have made an application for a Variance to allow construction of an on-site septic system and well on the property at 16963 197t" Street in locations within the required setbacks from the St. Croix River and wetlands on the parcel; and WHEREAS, the property is legally described as follows: Lots 4, 5, and 6 in Block 19 of Revision of Vasa, according to the plat thereof on file and of record in the office of the County Recorder, Washington County, Minnesota. Also all that part of Steamboat Landing in said Revision of Vasa, described as follows: Commencing at the Southeast corner of Lot 6 in Block 19 in said Revision of Vasa; thence North on the East lines of said Lot 6 and Lot 5 in said Block 19 a distance of 100 feet to the Northeast corner of said Lot 5; thence East in a straight line, being an extension East of the North line of said Lot 5, to the low water mark of the St. Croix River; thence Southerly along the shore of said River to a point in the low water mark of said River located by extending the South line of said Lot 6 East in a straight line; thence West on said extended South line in said Lot 6 to the place of beginning, together with a perpetual easement over and upon a strip of land 20 feet in width to be used for roadway purposes on the property described as: Lots 2, 3, 4, 5, 6, 13 and 17, Block 18, Revision of Vasa, the center line of which is described as follows, to-wit: Running across and over Lots 2, 3, 4, 5, 6, 13 and 17, Block 18, Revision of Vasa from a point on the Easterly line of said Block 18 distant 173 feet Northwesterly from the Southeast corner of said Block 18 (bearing of said Easterly line of Block 18 being North 8° 00' West), thence South 85° 25' West 198 feet; thence North 1° OS' West, 60 feet; thence North 7° 35' East to the North line of said Block 18. According to the plat thereof on file and of record in the office of the County Recorder, Washington County, Minnesota. WHEREAS, the Planning Commission reviewed the request for the Variance at a duly noticed Public Hearing on June 4, 2013, and , Resolution No.: 06-18-13-04 ' Page 2 of 3 NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA,WASHINGTON COUNTY, MINNESOTA, that it should and hereby does approve the variance to allow construction of an on-site septic system and well on the property at 16963 197`h Street in locations within the required setbacks from the St. Croix River and wetlands on the parcel as approved by Washington County, based on the following findings: 1. Granting the requested variance is in harmony with the Comprehensive Plan goals and policies for the Agriculture Core and St. Croix River District. The variance is supported by the Washington County Health Department, National Park Service, and Minnesota Department of Natural Resources. 2. The proposed seasonal single-family residential use is a reasonable use of the property under the Development Code and St. Croix River District requirements. 3. The practical difficulties for location of the septic system and well are caused by the small size of the parcel, the location of the existing wetlands, cabin and Ordinary High Water Level of the St. Croix River. The landowners did not create the conditions, and they are unique to the property. 4. The proposed expansion is consistent with the essential character of the Agriculture Core District and St. Croix River District. 5. The request is based on the small size of the property, the location of the existing wetlands, cabin and Ordinary High Water Level of the St. Croix River, and the need to maintain the required separation between the septic system, well and cabin. The practical difficulties are not related solely to economic conditions. 6. The proposed variance will not impair an adequate supply of light and air to adjacent properties, substantially increase the congestion of public streets, increase the danger of fire or endanger public safety or substantially diminish or impair property values in the neighborhood. 7. The requested variance is the minimum needed to eliminate the practical difficulties. An adequate septic system and well that meet Health Department requirements are required to allow habitation of the cabin. Washington County will require that if a septic system is installed, a new well must also be installed at the property. 8. The practical difficulty was not related to inadequate access to direct sunlight for solar energy systems; and FURTHER BE IT RESOLVED, that the following conditions of approval shall be met: 1. The septic system and well shall be constructed in the approximate locations shown on the plan submitted to the City on May 15, 2013. .� Resolution No.: 06-18-13-04 Page 3 of 3 2. The applicants shall obtain the required County permits for the septic system and well. The final locations for the septic system and well shall be approved by Washington County with the permits for each system. 3. The applicants shall obtain a building permit for the proposed infrastructure and any proposed expansion of the existing cabin. The applicants shall submit a request for expansion of the cabin or any new structures to the National Park Service for approval before the City shall issue a building permit. Proposed building expansion or construction shall comply with the requirements of the Development Code. 4. The applicants shall seed or plant the mound area with native dry prairie species and shall plant any other areas disturbed for construction (between and downhill from the mound) with native mesic prairie species. The applicants shall provide the seed or planting list to the City for approval before approval of the building permit. 5. The applicants shall complete a final wetland determination to locate the mound system. 6. The applicants shall complete a new set of soil borings for the proposed septic system. The results shall be provided to Washington County,the Carnelian-Marine-St. Croix Watershed District, and the National Park Service for review. The Watershed District shall provide recommendations to Washington County, if needed, regarding the design and type of septic system to be constructed on the site so that it adequately protects the St. Croix River. The agencies shall consider the hydrogeology of the site in developing the requirements for the septic system. 7. The plans for the septic system shall include abandonment of the existing tile line that goes to the spring box, and extension of the tile line to daylight along the bluff if required by Washington County. 8. The applicants shall obtain a land alteration and grading permit from the City if the area that will be disturbed for construction exceeds 1,000 square feet. The existing retaining wall and bluff shall be protected from disturbance during construction. 9. The applicants shall obtain the required erosion control permit from the Carnelian- Marine-Saint Croix Watershed District. 10. The applicants shall pay all fees and escrows. Adopted by the Scandia City Council this 18th day of June, 2013. Randall Simonson, Mayor ATTEST: Kristina Handt, Administrator/Clerk 'v:, � u q,5�"� ,..3��r�^'� 4 4M�'`ti ��.,�P^ �t „�J� y��'�L+Y����� 8�;�4� ��A��� �'`� � � k.,Lnv. � e 1 4 ..,�r � .#`"�''ri'hvi�4 �t e �:t i ` � I `.l�. . ) . 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'"!I•i� �`� m -o '-`'� Q 1- ` �:�,� :'�.!:A::�r� . . �J : 1 r 't� ' N .._... � . { ' , . .� � � , � p'i � i',r� �.. �'7__. _ .�- -..... - .._....__. 1 _, _-..r -c, .. . �'-."'_•'. .- . . - -- .... �� �� � � � � � � ' ,•�, �1 � �� \ ' •1 1 • ' � ,�,'�' , w o .. , ,� . � � ..'; . . '� . _.r..,� � ,��T°N�o WASHINGT�N CGUNTY q,�.� r• • � Mary L.McGtothlin 3 '� DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT p�rec[or GOVERNMENT CEfJ7EH . LowcllJohnson ' ti , �oe 14949 82ND S7REEl'NORTH•P.O.BOX 6•STILLWATER,MINNESOTA 55002-0006 Deputy pirector �JN���RY•iAOGA�Ssa\� Offica:(6S1)d3D-6655 • TTV(651)43a•6060 • Facsimile Machine:{651)430-6730 . July 18,2003 GEO 30-032-19-13-Q034 Joseph Culligan 1525 Edgecumbe Rd � St Paul,MN SSl 16 � RE: Preliminary Sitc Xteview#'or Sewage System,�6963 19?`" SE,New Sca�;dia � Soil testing and a design for a new sewage system at the above address has been reviewed. Currently, the dwelling has no sewage system other than a privy along the South side of the � proFertY. . Suitable area is limited and variances,to the 75'setback requirement to the informally delineated • wetland along the South property line and the spring flowage North of the dwelling are required. The praposed mound will be within 20 feet of the wetland to the South and 50 feet to the spring. � A variarice to'the St. Croix riversetback(4�d') is also required. The proposed mound wiil be � within��l'�4 feet�of�the ordinary high water level. . � •;: ._... .. . . . . Prior to issuing a sewage system permit, use of tbe spring box for potahle water will need to be discontinued and a new well meeting setback requirements will need to be installed. . � Any reconstructian of the dwelling involving more then 50%of value wial require that a secondary mound area with suitable soils be identified and approved. Variances for this area wili likely be required also. � .� � Sincerely,- --- - � • Pe#e Ganzel � ••Senior Environmental Specialist . � , � � .. � � � � . � cc:Deiuiis�0'Donnell . � , . , � � . . . . . . . . � . . . . . Jayneen Thatcher � - �-'�: :�ud��'Cavanaugh: , .-. . �. - ' � . , r � , . -. . _. .- . . � .. i . . ' - . .. . . . -' , .. • ' Cindy Weckwerth � , a,k,,.ao�Aazyciea rBpB�. EQUAL EMP�OYMEN�'OPPORTUNITY/AFFIRMA7'IVE ACTIOtV �' �c 2�os . �. . '��,�� ,w�4 � � . � � � ' � • � � . � � a . � 3 . �? � � � � . � � � � � � � � �- •=� � ,-�� y ` � �T � � � � �..� � � �-� .� .� � �,; � .r. � i ' � m � `� � ^�� � 4. W� � ,,i°�+�. �� �h �- .�, R'l � ,� 'h �y� '� �� �>� � �, ►n �� er -� �' �K 4° 3 � t Nt � :� �+. �. � "�� -�� � ���: � � � �.- � .���� � � � N �� � y l� y�v s��0y�,�� . 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ESTl1�[G AND 1N5PECTlQNS, INC. � , 198b Ridgewood�Avenue � . .• Whlte Bear Lake,�MN S5i lp ' . � . . 1-65�'.429-1090 � . � �� ��T�n ���z�-� . . � � . . �/L v�. . �� L� �1G,Ct/,yi . . ��" �8 - ���,� . . - ���C3�CcL - - c.5�a� evtai�n.+. ��9 G 3 �9j � . 5r• e�_�.X r�� Sl;' � Gz�u�.2- , . � �-��r'U,�',.�,� . � � �-�.�v� �. �����}�� . . . . r��i�- f-���,� - � �`��� �ot� � � �a,�«� �� . ����r�vG� .� N� ZD <�I j-/a.v5 � /= P�J�d` '. - ��5�- 5��r� � �/t/ /�6-c,a rioy ���i� ��� � SY�Te-��� T�+�- �'�t6-���: �N �`"/��- /ya,�r/� ��� .N.v� �D v�-/,, 5�,a d` ��� r ��gr- �/T'� , �� D���lt j-o �`��T.�t L . . . 1it�'l GC - �� . . /� Jl/�av,vyl �� U�1/Z/s��uGe— Nec��� �rv.� �/�� � -!`JQv1-i� �%LE � ','�f���i� ,�"� ,c� ,• . . S 1'�j�-��. - /�s.si E:�e p '�j S"� Lc- h' T ��} �/� r , . ��J/L�j4NGc�5-' Lt-L l�C_ ,�d- /Ilt�'d',DaJ� � �D" •�'��• � • ��2 j�}Jd /�O�.ud �/I�iiy g , � � �� lD'v G�f/1/ /� �v>- b� T�✓/g � . L �rr�� ,o�r� . �.vr� ��� ♦ l�° `�v,°��, `'zA�r�.,y'��� r/�c.� ��a�,� r aw,v��s l�1.D !� G/J Q �*'" /.Z GfJ L `7l4��� � G�-r`J �"G��' �� �/I'/VT '�`U �Lo 5 a- g!t/ j'N� ;r7j�oiQ'tsii'?'Y . - 7 ` �3 0 �ev..�. � �i�c �'� T �,�s'�- f-i.��.�i� �i��`-.� �� ya� �r/�� 7— � 1� t 6�� - ����/'/�i � ' MPCA Certification No.0695 •Soil Borings• Percolatfon 7ests • � � -Serving The Nanheast Suburban Area Since 1952 ns• Designs • fnspections ...,U,7111!D�.._ F12r._ l.0:49 FAX 851 7�37�21 B Broxn I�j0�8 � _ .. i . i , � DQSLNG C�iANIBER SIZ�.N� � � � . : . --� � 1. ved�� � ' . p. Recta��gt��araa==�,x W ' ( ; � . X �-� �� . � � ; � �, B. ['arcle a.rea=�t(3.14) x radius#a feet x radius ix�feet - • �°�` i 3.14x frx�=.---�ft t Radius, � GEt area h�n manuiaaurer _ sqf� � � -- i • � z . , 2. �'alailabe gal�Ons p�er�. • '. . 1�ei+e s�'�7,s gallan�per c�bic fnat of valutste�titer�l�re mul�ly�te ar�(�►B or C) � tirnes tt�e coave�sioa bct��d divide b�y 12 inches�,er,�oat ta�alcvlate gallon p�r inch. Area x 75�12.= sqft x 7.5+12 inli� = 3�1 $��1�� � . : � . I�cc�ai Tank.: 3. Ca1cu]atc t�l ta�tkvnlume 600 ga��ans ar A. i3eprh frwm bc►ttaar�af inlet pipe ta ank b4ttnrn�–:—�► 100%t�re Dait w ep �. �'c�. vodume=,�dQptla fmu�bottom mletpq�e ro Fank�bottom{3AJ x galli�t� � y . � �ia. x S Y �/iri= lSO�. gal . ' ���g�p s 4 GI�[a�g�ltons ba mcv�r pamp(�rit� 2-3 icirrhes of wat�r aaveri�t$pump? '. ��� �P�b���ht(' +2 inc�+? x /� � . kt f�aildilqp Rcw�l�o�i pr D� (_,L.�,_!n�-2 i�n)x__���= � � . � . . b1�11� �! kY111� �III �fY 5.. Calds]at�ta[al p�ra�p�outva�ume � � 2 !� � 1K1 d� . �. s����QB�a°��aay� c.�n�►�a�� x�,t��-x� � � � � � �� �ao��aay ��� , s � �o �e n� B. ��r�tbeck � b � 915 33� C1�l I. �i�ot.al pipete�gth. � �eet �. De�rn�weliqui+d ofp�e,...s,L.������r�E 2Di - r a� tm 3�I ��rr �' 0_E�t581)x ���I gal per 8 c5B�J= � 9 t�p 615 .a oot,*�- 3� 17ra�ack quantitY- - •`..� C. Tot�l gua�aut vohmfe=�iase vat�(9A)+draix►bnd�t�) �.2llt tbb�aEL�[d iA . Z���al+�.---�+1= �G S �. Tata1�atl�at ' � !olsl u#vc�L�ms) � Galloms foot 6:Float s�ara�tion d�c.e(usisrg Pu�Pa �' i � Tota� t t5��S�l�� � 1 Q,�S . _�*����—��'�--�-'•-----�` � i,25 � 0,�78 . ?. Caleu7abe wh�aoe fa��ls.tat(tppicaIly 2 to 3 it+�s) � l,5 � �.1� �d�,c�x���t�a= z �X ?�l �iva��� x . ' aa�. zs o.� S ��atal� L32�����4}���.�°-��ns a1s�.c1J 4 � ' 838 � g�pi . , 9. Tc�at��nk Uept�i= gaIIau t8)-�-galboa/i�rh C1a ' : � ! ,� ������ 2 4' S� _in j . � . W8# j Reco�men�d: � � � ak�rrn c C.a�vlabe re�eCve Cd City(759`o t11E!dai�_y'�lrtw) - ----- � - GU[1�i0� Daity flow x.�5= �p� x 9�_.�ans � � }�umpoul'vdtit�e�--- ----- � P�ttP or� , . �,p���` control caxtr�pl ; i here a�rtity tbar Ihave ma►plet�d this wark in acaocdan�oe wit� app�bl�.axd�aisces, sr�es and laws. (signtyt�e) /��� Qicetx�e#E) % �i'� �'�'� idat�eD i � . l i ' . 1 , ,. r I . i . � ,.� , . . . . � . � , • . . . . . . ' . - . , , .. - . .`-1 '�� , . , . . �'ii; .. , . . � .:1 ' � � ' ' ' ... � . . ' . � � . . �KLIN S41L TESTiNG AND INSPECTIONS, fNC. . � _ 1986 Ridgewood Avenue � ' White Bear Lake, MN 55110 � • - 1-65 f�-429-1090 . . Joseph &-Mally Culligan , - . �� 1626 "Edgecumbe Road . � St Paul, M[�T 55116 � - . July 2i, 2003 � � . Dear Joe & Molly, • � At the request o� Judy Kavanaugh�, soil borings and percolatiori tests were done at your lake home- at 7.69b3. ].97th Street, St. Croix River, Scanc3ia. � The� barings were done June 16 & ].?, 20�3. On June 23, 2003, Peter Ganzel � reviewea the soils and it was determined that a mound system coul.d be insta].led Peter Ganzel had a concern with the possible �drain tile at the north and south side of the lot. � Peter was going to de some research- nn the set back require- �tent from the maund system. � . We have provided you with� a layout of the boxings a�d mound 1.ocation and � - ' possible tank locations.' A more detailed desigr� will be needed before a permi� will be issued as we do not know what your buyers �have in mind. • . Our data along with ,Peter ganzel 's letter should c].arify the septic system issue. ` � : If we can be of any more help, ].e� us know. � Yours t , � RECEIVED . : .JUL 2 8 2003 . PUBLIC HEq�,71�{ � � � Dale Eklin � " � Certifi.cation No. 595 � ' � MPCA Cenificatian No.Ob95 •Soil Borings � PercolationTests •Site Evaluations • Designs • Inspectioos -Servtng The Northeast Suburban Area Since I952- . �� � , � � ` � ' . � . � � . � � � . � � � � � � � � $ � � �` � ' � ~ � � A a � o A . : � � � o � , � � a � = _ �. N � '� � � �. . Q � N � � . � �„ � ; \ _ _ _� � "� � � � � „� . � A, a � � � - ° d o p o o � . �; � �- - ,. � Q z „ - 1 „ , � o ,n . •� ' � . . � v N '� ` � � � H , J �) . t~i7 � '. fJ- U wg m ,� � � _ .� . a -. .. � ; � . ' , �� c� � . . �. � � � � � . � � � - � . � � ; , � � � � � � � � � . � . � � . . N . � � . . , • � � � � N �t � � �� , C} H - . � � � � ~ \ •� A a � }� . � m . � m °� � � �f +` � ' . � � � � � ;� 4 a O � � � � ° � ,. .co ra w , .� N `� � 1 • ( ' . . � . �- � ' � � T d q � . ' . � � � � � �� 0 , p �, � � v " . � � d }, o- ��g +i • �1 � Y' �' � !� 0� i� V °� �i . p�p �d U �'� � � �' � . Q � W � � �4 y�; � m • . ' � "� q� Q � . = � � � � � 3r .l yz - � _ z � i° � � 3 ��- � U, a � -0 4 �g Q � �0 4 0`- � o j�� u � �- -. � � . � "`' �n r � � �� � � o � - a � � � �� a� � � x�4 a e � . � � .� k �� 4 � na . :� d o � �� � � a2� � �'� ' � '� � ' o� �� 3Qp a4� .� � � �y � -• �-�� ��'.�f -, � �r� . � t �� � d � � � 1 4�t - � � - p �- « ` � � �c a � u) � o � � �n ? I- � � . � . '�p Q � � . xQ'x �Q � � �k � `� � , ' w d Zt�2 � �'�, z � k � � _� :, l� � . � � -F u�?�� � Q� � . �� �� a �� 0 1 � � � _ . a • J 0 p � � l� C� • � � Q � � � � `' F, � � � �� � � � � � A � a � w � � � � . � � -. � �o � �� � � o z . - � �. � �' z � ?� ;� � � � = �� � � � �.� ti. ? � � � 0. �� � a � �+ •� � � a . . . • oa � )�� W Z� � d • � - � � � . : T�1 � u? � Q . � � . £ "2-� A . � , �� " i ' ' . � � J 1 � z '� 7 � �z �- � ?� . �d � �. V. � � � � � � o � ¢ � - - � ,-7 K t � �L � d d � � t� � � O Q ' � 7- '� 2 s Z � w lt r � � a7 � � � � � Q � 4 �� � . � �� Y� � � � . � ...� ti � � � � � � � P � � 9 . � a �-t M r, . �. o . ti r� W d' , �n � n ao 'a, . � � , .. ..., � - . ... ... . ;. - . . . ._. ; `-: . . . — . . __. . �..____ ..�_ .__ --_. _ ---- — ---- ----='' - �� ` witi � . . '��_ha`^, '' . � ,:�,r,�,ax; . ;{i::�`1'tc _ ' .•.�;�:_�,:rir�;:��r , � :t°�,���:i�� . • I�NR, excepf that in areas where ten yeaz flaod information.Is �v�il�b�e,f�q�h,T f1l approved by the DNR, sewage�tanks�may be instailed as an.sltematiYe�systeri�,,,�'� � accordance with all provisions of Secdon 15.3. � :;�,:::�_;,,���,,�,���:�::;+:�;�1� . . ,.��.t'R �. ' , .. , ' . '" �i� '� .. �f �. . � - Table III. Minimum�Setback Distance� (Feet) , � . � i . . , ,, � ;�_� , FEATURE: � QZ1`�/L :GG��a- SEWAGE• � SQ��,.:,� � ;:�,�•',, �� �;,�'.a �- 'j'�� '�� . , . '? Jc' � s g c, T�NK TR�;��TIy�.. �(�i3 :,;�;��" 3 . � t�A ,�c. _ ��1Ii�+�. ���S r` ,' � G `t}.i� ;,;;. � . � i'� '� '. ' � . Water Supply VVell less than SU feet deep�and � .� 50 � .' 140 -. T! . `:,,,; ,�� � 'not encountering at least ten feet of _ � �;'� ��;'�� � impervious iriaterial. . � - . ;`'�_}i.. ; .`�' � � �. ,-. ,�t� � Any:other water supply wcU or buried water SO 50 � ��r�: `'�� suction pipe • . . . � - �� �y� ;�". _ • E� ���{%� t� , . .:: f � :e • Buried pipe distributing water under gressure �10 � 10 . '!(:.; '.;�,� ;r� . � � � �rt�; ,:� (7��upied bu9ldings and buildings with 10 �,0",._ �.r �': �?:'�i���} y;?� � ... � . <i ,�d basements or arawl spaces� .� .: ��:r : ��� ;�P � ,„ -� ' � N�n-oecapied struetures /��cic 5 . . '.� .5. :'��. '� ; '�`� '�} ;:.,,_ ;; .. i;i��� '` Property lines 10* ��4�`� � ;�;` ���+f� Above ground swimming pools � 10 • 10 �� � ����� ��-r .�,, :,� . �?���i ;:; In ground swimming pools 10 „� ,20 - '=��; �-;:� . . � . ., _ r�l:.�� `:.': � � ' , . �;�: :;; ' ��L7�t '.; , . ' .•+• :. , . : THE ORAINARY HIG� WATER MARK. ��` '` � ' =�'-;�;: ��':`s O�+': • . . ,;t• : . ';;�. � - � . . �.. il.l.s:li:., ..."i�2 .`'t.�.��I � Natural Environment Lakes and Streams 150* . ; '�I5Q�',��';;';y;;�,;;' ��:`3 . : 3 ..,,,,, . ,: ��. Recreation�Development Lakes and Streams � 75* . ,.:'�' ;+�'� �r��� '' - $t rat�� � .,. , �. ,:�.,.�r i...� GeneraI Deveiopment Lakes and Streams " � 75* -�,;;"75+��:}1ti;;�:�a�;r '� ." ' . . . � .- � � _ . �r•• r ��tY1 �l ;�n All unclassified waters- , , 7s� ;�r��- �;1!75'�r,`n;��.�� ,� ° � . . � . . . ,. �,,. r St. Croix-Ri�er Rwal Districts. 150* 1 SO'� � `���� � :':� . , ::t:;;:`•i-;3 , ��F � St, Croix River Urban Districts ��� 100�' � i��QQ;��������1.�� _ `� � BLUFFLINES: , .. , -. . .i . _ . '+�^ . . M. ��.!,�;���� �,�r . .. . .i Cti =�R�'�`. .�. . . _._ . . ... � �--n -.A��: ,..� St. Croix River Blufflines _ • �j: 40�•J •�,r�:;}�j::;i�,Q�;�. � ;;. I • / �� �vl�r + _ • ,' 'f Shoreland�Blufflines . ..' . . . ;r 20 � ' ` t ' .t;, ,- r:� , �`i � •t �i� � ri 7��'1`r �.r� ��r�„ '3� ..._. _ • • • • • ' � •�: .. _ . .. . . . . . _ . . �}3. � 2$ �� � _. 't^4t" t � ` 1 � 6 ._._. . -� �.41r", b�lt��'}Sf��J ,.�i�.�Q�, � . . �, . . . . . , � Was h� n gt�n 1380 W. Frontage Rd;Hwy 36 Stillwater,Minnesota 55082 Conservation District (65l)275-1]3G (651)2?5-1254 Fax T�: Pete Ganzel, ' ton County DPH F'ROM: Jyneen Th er,Wetlalid Specialist DATE: Jnly 23,2003 � RE: C�lligan parcel, 1�6963 197th St N, Nevv Scandia It was a pleasuxe to meet with you last week,to review the areas near the proposed drainfield for the presence of wetlands. My review determined that the woodedlbrushy area north of the staked proposed drainfield is not a jurisdictional wetland, having predominantly upland vegetation and sandy loam.soils. However, the soutli edge of the property does show wetland characteristics,with saturated, deep peat soils around the drain inlet and extending into the natural wooded area along the south property line. This natur'al area is predominanfly vegetated wi#h skunk cabbage and jewelweed. The area between the peat soil and the proposed drainfield appears to have sand and gravel fill material. Tree species along the peat soil include willow, green ash, aud cottonwood, all hydrophytic plants. Based on my findings, i placed several "Wetland Boundar�' flags axound the wet area nearest the proposed drainfield. The vvetland presumably continues uphill, to the east, considering the presence of peat soils, but I did not flag that entire area. The drain tile probably had some effect on the hydrology of the wetland, but the rapid re-emergence of classic seepage-swamp plants indicates that the hydrology�ad not been complete�y and permanently removed. If a set-back distance variance is considered for this garcel(drainfield-wetland distance) I would suggest planting the mound with dry prairie species, and the area between and down-hill from the mound with mesic prairie species. The longer roots of the native plants will help remove effluent nutrients from the water flow, priox to them reaching the wetland and/or the river. Furthezrnore, if a building permit is requested for building expansions, I suggest that the owners have a qualified wetland scientist review the site for other wetland areas. Thanks far ancluding me in the review of this project, Feel frse to call if you need more information. Sherri A. Buss From: Pete Ganzel [Pete.Ganzel@co.washington.mn.us] Sent: Wednesday, May 29, 2013 1:10 PM To: Sherri A. Buss Subject: RE: 16963 197th Street, Scandia Sherri: Mr. Eginton was in the office this morning and expressed several concerns about the neighbo�'s plans. He indicated that from his recollection,the area being proposed for a mound system was tiled more than 30 years ago to improve drainage. This may be the case but doesn't change things for locating a mound. Groundwater is just being moved from one side to the other. According to my review and Dale Eklins soil borings,there is adequate original mineral soil for a small mound system. Wetland boundaries have been have been altered by these tiling and fill activities which is what Jed and Jayneen both said and sort of delineated. I guess you need a matchup of the delineated boundaries with the proposed mound location to determine what the variance to setback will be. The applicant may want to get a sewage system designer to do this along with a current design, since the design submitted is more than 10 years old. According to Mr. Eginton,the spring box shown is connected to the tile system and further discharges to the river. To eliminate any question that this spring box is not now or in the future potable, the plans should include abandonment and extending the tile line to daylight along the bluff. Pete Ganzel Senior Environmental Specialist (651)430-6676 From: Sherri A. Buss [mailto:sherri.buss@tkda.com] Sent: Thursday, May 23, 2013 10:23 AM To: Pete Ganzel Subject: FW: 16963 197th Street, Scandia Attached is Jed's info from the wetland determination for the Conley property. Sounds like he mostly confirms leannine's previous determination. � TKDA Sherri A. Buss, RLA, AICP � Senior Planner/Manager, Planning Group 444 Cedar Street, Suite 1500, Saint Paul, MN 55101 � P: 651.292.4582 � www.tkda.com From: Sherri A. Buss Sent: Wednesday, May 22, 2013 3:44 PM To: ']ed Chesnut' Subject: RE: 16963 197th Street, Scandia Thanks muth,Jed � � T'!�A Sherri A. Buss, RLA, AICP � Senior Pianner/Manager, Planning Group 444 Cedar Street, Suite 1500, Saint Paul, MN 55101 � P: 651.292.4582 � www.tkda.com From: Jed Chesnut fmailto:jchesnut@mnwcd.org] Sent: Wednesday, May 22, 2013 3:41 PM To: Sherri A. Buss Cc: jshaver@croscwd.org Subject: RE: 16963 197th Street, Scandia Sherri, [visited the site today and reviewed the north and south edges of the property for wetlands in comparison to Jyneen's 2003 review.Generally, I concur witlt Jyneen's assessment and description of the wetland areas. l did place several flags along the approximate wetland edge at the south side of the property. I did not complete a formal delineation,but did observe vegetative and hydrologic indicators that were indicative of wetland conditions. I also dug two soil pits and observed hydric soils.The wetland boundary becomes much less clear in proximity to the"outhouse"and shed structures since there has been some historic fill material added here presumably with some minor alteration of the ground to accommodate the structures.Nevertlleless,the wetland is present and I did place flags accordingly. The area on the north side was not flagged as wetland (consistent with the 2003 review),but there were probably wetland inciusions present in the past.There were hydric soils and the vegetation was mixed,but the area lacked indicators of hydrology; probably due to the historic changes in the land use. f have attached a couple of pictures to provide additional detail. Please let me know if you have any questions.On a related note,a delineation may not be necessary as per City requirements,but could be helpful for future land use planning since the area is surrounded by seepage swamps. Thank you, Jed Chesnut 651-275-1136 x25-jchesnutC�mnwcd.ore From: Sherri A. Buss fmailto:sherri.buss@tkda.com] Sent: Monday, May 20, 2013 3:10 PM To: Jed Chesnut Subject: 16963 197th Street, Scandia Jed, This is the site I talked about in my voice mail to you. Jeanne did a wetland determination in 2003 (attached)to help determine the wetland boundary and variance from the setback needed for a septic system. The current applicants,the Conleys,will be using the same plan/sketch as the one included in the materials from Pete Ganzel. Jim Shaver knows this property well, and said he could go out with you on Wednesday to have you check Jeannine's determination (the "low area" identified on Pete's sketch) and see if you think it still reflects the wetland boundary or if we should be usi�g a different boundary. Call if you have questions about this.' z . ����NT OF ry United States Department of the Interior QP ' .',.. ' � a ym National ParK Service ; � St. Croix National Scenic Riverway 401 North Hamilton Street 'yqRCH 3 �9a9 St. Croix Falls, Wisconsin 54024 May 23, 2013 L 1415(SACN) Sherri Buss Senior Planner, TKDA, City of Scandia 444 Cedar Street, Suite 1500 St. Paul, Minnesota 55101 Dear Ms. Buss: Thank you for the opportunity to comment on the variance request coming before the Ciry of Scandia Planning and Zoning Commission The subject property is located at 16963 197th Street, Scandia, Minnesota, Parcel ID 300 32 19 13 0034. The variance is being requested in order to install a septic system and weil. A variance is needed to locate this septic system within 50 feet of the wetlands on the south side of the property and within 130 feet of the river. We have thoroughly reviewed the packet of information provided to us on May 16, which includes the reports from Washington County Department of Pubiic Health and Environment's Pete Ganzel and Washington County Conservation District's Jyneen Thatcher. This property is encumbered with a National Park Service (NPS) scenic easement which was purchased in 1977. The NPS scenic easement does not directly address projects such as installation of septic systems. However, it does require compliance with local zoning regulations, so we do review projects like these for compliance with them. The request for a variance to install septic and water seems to be well justified. Therefore, the NPS has no objection to its issuance. Should the variance be approved, we request that it include conditions to protect the scenic values of the St. Croix National Scenic Riverway. The conditions should include planting dry prairie species on the mound and mesic prairie species in the area between and down-hill from the mound, as recommended by Jyneen Thatcher of the Washington County Conservation District in her July 23, 2003 report. We would also like to draw your attention to the fact that this property is considered to be a non- conforming lot according to the NPS scenic easement because it does not meet the minimum lot requirements of at least 1.5 acres and does not contain at least 250 feet of width parailel to the river. Any requests for building new structures or additions to the cabin presently there, would T'AKE PR I i'�E��� i N��t�R i�.��,,,�,`�.. . need to be submitted to NPS for review first. The applicants named on the variance request should have a copy of the scenic easement and other pertinent information. Thanks again for the opportunity to review and comment on this variance request. If you should have any questions, please contact Laura Hojem, of my staff, at 715-483-2261 or via email at laura hojem@nps.gov. Sincerely, ,�,'l,'�t� �,.-. � �L� �_-� ��� , Christopher E. Stein Superintendent 7. Brief Description of Request: (attach separate sheet if necessary) We seek to add a septic system and well to this two-bedroom seasonal cabin. The proposed location of the septic is an above-ground mound. We need permission to locate it within 50 feet of the wetlands to the south (instead of the required 75 feet) and within 130 feet of the river (instead of the required 150 feet). We need this variance due to the srnall lot size. We have discussed this proposal with Pete Ganzel and Jed Chestnut of Washington County; they view it as reasonable. We have also spoken with Patrick Sarafolena of the Minnesota Department of Health. s. Project Name:Conley Septic and Well I hereby apply for consideration of the above described request and declare that the information and materials submitted with this application are complete and accurate. I understand that no application shall be considered complete unless accompanied by fees as required by city ordinance. Applications for projects requiring more than one type of review shall include the cumulative total of all application fees specified for each type of review. I understand that applicants are required to reimburse the city for all out-of-pocket costs incurred for processing,reviewing and hearing the application. These costs shall include,but are not limited to: parcel searches;publication and mailing of notices; review by the city's engineering,planning and other consultants; legal costs,and recording fees. An escrow deposit to cover these costs will be collected by the city at the time of application. The minimum escrow deposit shal]be cumulative total of all minimum escrow deposits for each type of review required for the project, unless reduced as provided for by ordinance. The city may increase the amount of the required escrow deposit at any time if the city's costs are reasonably expected to exceed the minimum amount. Any balance remaining after review is complete will be refunded to the applicant. No interest is paid on escrow deposits. PLEASE NOTE: If the fee owner is not the applicant,the applicant must provide written authorization by the fee owner in order for this application to be considered complete. Property Fee Owner Signature(s) Date: Applicant Signature(s) Date: For City Use Only PA1 D Application Fees: � � �D MAY 16 `1013 Escrow Deposit: � 3�S �`( �5• � v CI Y OF SCANDtA RECEIVED JUN -3 2013 Christine Maefsky, Chair Will Eginton Planning Commission GITY OF S�ANDIA 16930 197�S� N. 12521 Mayberry Trail N. Scandia, MN 55073 Scandia, MN 55073 May, 30,2013 Re: Conley variance Dear Chair Maefsky: Several questions arise with respect to this request for a variance. It appears to me that this is,and will be just the first in a series of variances required to develop this property. 1f I understand correctly,this request is being made as part of an ownership transfer. With this in mind,it is only fair to the prospective buyers to give careful consideration to the future plans and how the zoning and physical iimitations inherent to this small environmentally fragile and challenged property will apply. My concerns, as the adjacent homeowner, center on the environmental suitability of the property for any development beyond its current state. Four natural springs exist on or topographically above this site,with all water flowing directly into the St Croix river. This flowage has been problematic for previous owners who were denied permission for well and septic installations by Dennis 0"Donnell of Washington County Land Management and Molly Schodeen, Division of Waters, Minnesota Department of Natural Resources. All they would permit was a holding tank combined with a seasonal use restriction. Working with these restrictions, the then current landowner two ownerships back, installed a drainage tile grid to draw down the water table and brought in 250 yards of sand and gravel fill in 1985.These drains and interceptor trenches designed to eliminate the wetland are now being used to proclaim suitability for the previously denied, for environmental protection,septic system. Unfortunately then as now,there is not enough dry land on this site to safely support a septic sysLem. The Dale Eklin report from 2003 is also problematic in my view. I attempted to contact Dale Eklin to see if he would verify the current applicability of his report of a decade ago. Unfortunately, he has died, however another certified soil engineer said the wedand environment in this area is ever changing and not to rely upon ten year old data when ma�ng a current decision. Furthermore, I was directed to the Minnesota Climatology Worlang Group at the University of Minnesota for historical weather data. From their records,precipitation at Forest Lake in 2003 through June was 6 inches below normal, 9.5 vs 15.79 inches placing in the driest 20� percentile for years on record. So, in 2003 at the time of the Eklin survey,when the tile grid had been working properly for 18 years,wetlands still existed over much of the site. A current,comprehensive wet land survey and soil/water engineering study should be required before a proper decision on suitability and effluent containment can be made. Chair Maefsky May 30, 2013 Page 2 With regard to effluent discharge, questions are raised in Jyneen Thatcher's letter of July 23, 2003 in which she states her concern about effluent seepage out the base of mound systems. In paragraph 4 she writes as follows: "If a set-back distance variance is considered for this parcel (drainfield- wetland distance) I would suggest planting the mound with dry prairie species,and the area between and down-hill from the mound with mesic prairie species. The longer roots of the native plants will help remove effluent nutrients from the water flow, prior to them reaching the wetland and/or the river. Furthermore,if a building permit is requested for building expansions, I suggest that the owners have a qualified wetland scientist review the site for other wetland areas:' This is especially worrisome because the proposed system will be directly above a direct conduit tile line to the river and no filtration by roots will occur. Additional questioning of a P.E.certified in septic design confirmed that only 25%of the treated water is evaporated or removed upward while 75% percolates downward out of the system. So, I see a problem,if the tile line continues in operation, effluent has rapid transit to the river,but if the tile is removed the entire site reverts to wetland. Lastly,the requirements for future development need to be considered. The cabin is a 72 years old approximately 900 square foot structure in poor repair throughout Significant deterioration of the wood is visible and noticeable as sponginess in the floors.The cabin sits on cement blocks having no foundation nor structural or mechanical code compliance. It is just a shell of a structure with very little value, This is important because major,extensive, expensive structural renovations will be required. This presents an insurmountable problem as detailed in paragraph 6 of Pete Ganzel's July 18, 20031etter: "Any reconstruction of the dwelling involving more than 50%of its value will require that a secondary mound area with suitable soils be identified and approved. Variances for this area will likely be required also." It is doubtful whether one suitable area can be found on the site,but certainly there is no possibility of identifying a second mound area location. Thank you for considering my concerns as you determine what appropriate, environmentally safe changes can be made on this property. Sincerely, (�� ����� Will Eginton From: Mark Hollowav To: k.handtCa�ci.scandia.mn.us Subjed: Conley Date: Tuesday,June 04,2013 4:47:35 PM Kristina, My name is Mark Holloway. My family has two cabins just downstream of where the Conley's are now owners. You and I have spoken in the past about some preliminary ideas for renovations on our two pieces of property. Although I look forward to speaking with you more about our potential future projects, today I am writing to give my support to the Conley's. It is my understanding that the Conley's are hoping to move forward with some minor but needed adjustments to their recently purchased cabin and lot. I'm writing in support because not only will this make the dwelling/lot more useable to their family but, the improvements will be unnoticeable from the river, will be completed under the guidelines of the City,County, DNR, NPS, and other governing bodies AND it sounds like the improvements will add to the health of the river and the surrounding environment by redirecting grey water runoff and effectively containing waste water. I cannot imagine why other residents and property owners would take issue with the Conley proposal/hopes...especially after seeing what has been done in this area of the valley on both small and sometimes large scales. They are a wonderful family and will be a GREAT addition to the Copas community! I trust the Conley's intentions and as a river neighbor, fully support their proposal for improvements. Thanks for your time! Please feel free to contact me if needed. Mark Holloway 651-207-5575 office 612-306-3575 cell From: Sue Macdonald To: k.handtC�a ci.scandia.mn.us Subject: Variance Request for 16963 197th St. N. Date: Sunday,June 02,2013 2:30:07 PM Kristina Handt: I am the co-owner of 16981 and 16987 197th St. N. the third and fourth cabins south of the property requesting a variance. I give my absolute and unconditional support of their proposed small project and am totally in favor of granting them the necessary variance. I have received information about their proposal and do feel it is in the best interest of the environment of the river. I am unable to attend the Scandia planning commission meeting on Tuesday, but please call me if you have any questions. Susan Berry Macdonald 612-925-4183 From: Mary Strom To: k.handtC�a ci.scandia.mn.us Subject: Support Letter Date: Monday,June 03,2013 6:31:00 PM I am writing in support of the request for a septic system and well variance which Angeline and Thomas Conley have applied for on the property at 16963 197th Street No. Scandia MN. Please make note of this support in time for the Meeting at 7:00 PM on Tuesday, June 4, 2013. Sincerely, Mary M. Strom June 3, 2013 From: Nancv To: k.handt onci.scandia.mn.us Subject: 197th St Septic and Well Date: Sunday,June 02,2013 3:24:53 PM To Whom It May Concern: My family has owned property on 197th Street for over 75 years. Family friends, The Conleys have recently purchased the cabin at 16963 197th St. I understand that they want to add a well and septic system. I am always delighted to see that people want to improved and update their property. I don't think that what they want to do will create a problem. I am writing to you to express my support for them to move forward with their plans. Nancy Thomson= From: laura swain To: k.handtC�a ci.scandia.mn.us Cc: Tom Swain Subjed: Variance Request for 16963 197th St North Date: Monday,]une 03,2013 8:51:54 PM Kristina Handt: We are the co-owner of 16950 197th Street N in Scandia, MN. I spoke with the new owner of 16963 197th, Angie Conley, last night. She explained her plans to add a septic and well and bathroom to the back of the cabin. We are absolutley supportive of her project and believe that it is in the best interest of the environment and St. Croix river. Thank you, Tom and Laura Swain June 13, 2013 Scandia City Council Don Wheatlake Mayor Randall Simonson 16969 197`h St. North Councilmember Chris Ness Scandia, MN 55073 Councilmember Sally Swanson Councilmember 1im Schneider Councilmember Dan Lee Re: Conley variance I was disappointed to hear that the Scandia Planning Commission approved the variance for septic and well for Thomas and Angeline Conley at 16963 197th St. North, Scandia, MN. I understand this topic will be on the agenda for your June 18 meeting. I think the Planning Commission decision to approve the variance based on a ten year old study and other misinformation was wrong. This property is problematic for septic mound treatment configuration because of its small size, its large wetland area, and its high water table. Thus, it lacks a treatment area for septic effluent. Several previous owners have applied to install a septic system and have been denied. Any system installed on this property will be on an existing wetland. A typical mound system will not be able to filter effluent before it reaches the water under the mound and effluent will flow directly into the river. This contamination is unacceptable. The request for a variance for septic and well is certainly justified, but not at the expense of contamination of the river and the health of others. Relying on a ten year old study does not take into account existing conditions and new technology. In 2003 Peter Ganzel of Washington County Department of Public Health and Environment performed a soil boring and percolation test. The 2003 report indicated a concern with the tile system on the north and south of the property. I don't believe this concern was addressed. Others also suggested the spring water not be used if the septic was installed, indicating to me possible contaminates in the spring from the septic system. This spring flows directly into the river. Due diligence by both the land owner and the Scandia City Council members is the expected and responsible protocol in a matter that directly effects the health and welfare of many people as well as the integrity of the St. Croix River. Most certainly, it is a known fact that wetland owners who are considering a change in their wetland should check with their county or city planning department to find out what permits they may need. Projects constructed in and around wetlands may require a DNR Public Waters Work Permit and a wetland delineation evaluation. Therefore, I respectfully recommend a requirement that a current, comprehensive wet land survey, a current hydrology report, and soil water engineering study be compulsory prior to any approval and installation of a septic system and a well. During this time of research, it is my hope that a state of the art, new technology for septic systems is uncovered that will make this unique property compliant and safe for everyone,thus ensuring the safety of the owners as well as those using the river. I hope you consider this suggestion as I believe it is the prudent thing to do. I have included with this e- mail a copy of my May 30 letter to the Planning Commission. Thank you for your careful consideration in this matter. Sincerely, Don Wheatlake 16969 197th St. N May 30, 2013 RECEIVED Brenda Eklund Jl1N 121013 Deputy Clerk,City of Scandia 14727 209`�St. N Scandia, MN 55073 CITY OF SCANDIA Dear Ms. Eklund, Thank you for your letter of May 23 informing property owners of The Planning Commission of the City of Scandia Public Hearing on Tuesday,June 4,2013 regarding the appfication of Thomas and Angeline Conley for a variance to construct a septic system and well at 16963 197"'Street North,Scandia, MN. I am a joint owner along with my two sisters of the property directly south of the applicant. Our property has been in the family since my grandfather McClanahan purchased it in the 1920's,and we have cherished this property ever since. It is part of our heritage. We welcomed the National Park Service Easement and embraced the scenic and environmental values of the St.Croix National Scenic Riverway and believe any variances to these p�otections should be considered very carefully. I am unable to attend the Hearing on June 4,as I live in Colorado, but appreciate the apportunity to express some of my concerns and comments regarding this application for a variance. My main concern to the application for a variance is the installation of a septic system and its environmental impact, especially since I am directly down river from this property and enjoy swimming and other water activities with my children and grandchildren. The impact of the septic system on my water well is also of concern. To be specific, I question the feasibility of safe septic system, namely a mound system on this property. I am aware of several active springs around and on the property and know there is sufficient water coming from these springs. I believe there is a tile system put in place to control drainage, but I question its efficiency and do not believe it is draining properly and diverting water as designed. In fact, I believe the location of the proposed mound system would place it on a wetland as there are many species of plant indigenous for wetlands including skunk cabbage,jewel weed,and willow. The ground is spongy even after several years of drought. This evidence of plants and water indicates to me the tile system has not permanently diverted the water drainage and is not working as designed. Even if a mound system is put in place, I believe that effluent from the septic system will not clean effectively and will flow into the water underneath the mound and eventually contaminants will flow into spring water and the river,affecting all downstream. 1 am aware of an evaluation for a proposed septic system and well done years ago for the Culligans, previous owners, but I think the conditions have changed,warranting a new evaluation. I regret missing the hearing that may address my concerns, but I would propose that the variance be postponed until qualified wetland scientists and septic engineers can evaluate the property so there is no doubt the septic system will protect everyone from contaminates. Finally,the approval of a septic system and well also suggests that building renovations and additions may be forthcoming. If so, I hope the intent of the St.Croix National Scenic Riverway values will still be honored and considered carefully. Thank you for the opportunity to express my concerns and directing this letter to the proper individuals. I hope there is a productive dialog of ideas at the Hearing. Sincerely, ��'�'1� L�:/ � � Don Wheatlake 16969 197`"St N