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5.a Variance from wetland setback for replacement of sewer tanks - 13030 182nd (Olson) Memorandum To: Scandia Planning Commission Reference: 13030 182nd Street North (Olson) Variance Request Copies To: Neil Soltis, City Administrator Brenda Eklund, City Clerk Project No.: 16322.011 Gary and Martha Olson, applicants From: Sherri Buss, RLA AICP, Planner Routing: Date: August 28, 2017 SUBJECT: Olson Request for Variance from the Required Setbacks from the OHWL, Side Lot Line, and Roadway Right-of-Way to replace a Nonconforming Septic System MEETING DATE: September 5, 2017 LOCATION: 13030 182nd Street North APPLICANTS: Gary and Martha Olson 1886 Pinehurst Avenue St. Paul, MN 55116 ZONING: General Rural (GR) District and Shoreland District of Big Marine Lake 60-DAY PERIOD: October 14, 2017 ITEMS REVIEWED: Application and Plan received August 16, 2017 BRIEF DESCRIPTION OF THE REQUEST: The applicants are requesting a variance to replace an existing nonconforming septic system on a 0.89-acre parcel within the General Rural District and Shoreland Overlay District of Big Marine Lake. . 13030 182nd Street Variance Request Scandia Planning Commission Page 2 September 5, 2017 DETAILED EVALUATION OF THE VARIANCE REQUEST: The applicants are proposing to replace an existing septic system on a parcel within the Shoreland District of Big Marine Lake. The existing septic system is a nonconforming subsurface septic treatment system (SSTS) that does not meet the required setbacks from a wetland that is adjacent to Big Marine Lake. The proposed replacement system includes a new tank that would also be within the required wetland setback, but farther from the wetland boundary than the existing system, and a new mound between the existing home and road that requires a variance from the required setbacks from the road right-of-way and the side lot line. The Nonconformities section of the Development Code requires that “A lawful nonconforming structure which is removed, destroyed or altered by any means to the extent that the cost of repair or replacement would exceed 50% of the appraised value of the original structure shall not be replaced, except in conformity with this Development Code. If a replacement structure cannot be placed on the lot meeting all current standards, the variance procedure must be followed.” The major structures on the site will not change to accommodate the new septic system. The Certificate of Survey indicates that an existing wood walkway between the house and the lake will be removed. Comprehensive Plan The Comprehensive Plan states that the General Rural (GR) District is a residential area of mixed lot sizes. The intent of the district is to establish a rural residential area that meets the Metropolitan Council requirement for rural communities that overall densities shall not exceed 1 housing unit per 10 acres. Residential buildings, which require septic systems, are a permitted use in the GR District. The Comprehensive Plan also includes goals to protect wetlands and other water resources, and a policy to support the strict conformance of SSTS with the requirements of Washington County’s SSTS Ordinance and Minnesota Rules. The proposed variance is requested to permit the replacement of an existing SSTS with a new system that meets current regulations. The proposed use and variance request for the replacement of the existing SSTS with a new SSTS that will be farther from the lake and adjacent wetland than the existing system is generally consistent with the goals of the Comprehensive Plan. Lot Size and Setbacks The applicants’ lot is approximately 0.89 acres in size, and is a nonconforming parcel in the GR District and Shoreland Overlay District. The existing house and garage do not meet the current side setback requirements, and are also nonconforming. The location of the existing septic system is shown on the Certificate of Survey. It is located 160 feet from the OHWL of Big Marine Lake, and 33.4 feet from a wetland that is adjacent to the lake. 13030 182nd Street Variance Request Scandia Planning Commission Page 3 September 5, 2017 The required structure setbacks for SSTS within the Big Marine Lake Shoreland area and in the GR District include the following:  OHWL: 75 feet  Unclassified water bodies (wetlands): 75 feet  Side setbacks (lots under 1 acre): 10 feet  Setback from roadway right-of-way: 40 feet  Setback from drinking water well: 50 feet  Setback from habitable structures: 10 feet Proposed setbacks for the new SSTS structures include:  OHWL: 185 feet  Unclassified water body: 53.2 feet  Side setback: 8 feet  Setback from roadway right-of-way: 13.5 feet  Setback from drinking water well: 64 feet  Setback from habitable structure: 10 feet The proposed locations of the septic tank and mound require a variance from the required setback from a wetland, side lot line, and the roadway right-of-way. Accessory Structures The existing parcel includes a garage. No new accessory structures are proposed. Lot Coverage The GR District allows up to 25% lot coverage by impervious surfaces. The survey indicates that the coverage will be 14% of the parcel area above the OHWL. The lot coverage meets the Code requirement. Structure Height No new above-ground buildings are proposed. Wastewater Treatment The plans show the proposed location of the new septic tank and mound. Pete Ganzel of Washington County reviewed the initial proposal to replace the SSTS on the site, and provided the following comments:  The sand basal absorption area downslope of the upper edge of the 30’ rock bed must be approximately 1100 square feet. To achieve this, a variance from the side lot line to absorption area and ROW to rock bed may be required. A three foot minimum sand base depth is required.  Timed dosing must be designed to limit flow to 250 gallons per day with storage of approximately two days for weekend peak flows. 13030 182nd Street Variance Request Scandia Planning Commission Page 4 September 5, 2017  A variance to the wetland setback to tanks may be required.  An operating permit will be required to monitor flow and dosing requirements.  BOD reduction is not required but it would be a good idea to anticipate installation of a pretreatment unit if flows are consistently above that recommended or if there is evidence of imminent mound failure (this could be part of the operating permit). The Planner has included a condition that the applicants shall obtain a County SSTS permit for the new septic system. Stormwater Management and Wetlands The Certificate of Survey identifies the approximate boundary of a wetland that is adjacent to Big Marine Lake. The proposed location of the new septic system will not meet the required 75’ setback from the boundary, but it will be farther from the boundary (53.2 feet) than the existing system (33.4 feet). The applicant’s surveyor contacted the Washington Conservation District requesting a determination of the wetland boundary. Jay Riggs, the WCD Administrator provided the following comment: “Thank you for contacting our office. We sometimes mark approximate wetland edges for setback purposes if grading will not occur near wetlands. However because of the proximity of the wetland areas to likely grading activities, a wetland delineation will be needed for this site.” The Planner included a condition for approval of the variance that the applicants complete a wetland delineation for this site, and that the results of the delineation shall be provided to the City and shown on a revised Certification of Survey.” The City Engineer reviewed the applicant and provided the following comments: “With the County being the regulatory agency their comments will guide the application but we would like to provide the following:  Potentially may need an updated survey to verify the house is far enough from the west lot line to allow for the sewer pipe to be directed from the new sewer tanks to the new proposed drainfield location. Survey shows on widest part the house is 9.2 feet from west property line but doesn’t show the part of the house that skews towards the property line or the garage distance from property line.  There will be a significant amount of excavation with this project, so final elevations should be reviewed closely so drainage is not being directed onto adjacent properties upon finish grading.  Erosion control should be installed prior to removal of existing tanks to prevent any erosion down in to the wetland area.  Work should be anticipated that an erosion and sediment control permit will be required from the Watershed District. 13030 182nd Street Variance Request Scandia Planning Commission Page 5 September 5, 2017 The Planner sent the application to the Carnelian-Marine-St. Croix Watershed District and the Minnesota DNR for review. Jim Shaver, the District Administrator, provided the following comment: “The District supports this variance request that will maintain the required setback from Big Marine Lake and instead encroach on the City's ROW. Although this project will not require a Watershed District permit, we request that the City require sufficient erosion control and seeding and mulch cover of the finished project to protect Big Marine Lake from sediment.” The DNR stated that “DNR has no comment on this variance request. Thanks for the opportunity to comment.” The Planner has included the recommended conditions identified above in the proposed conditions for an approval of the variance. Driveway/Access No change in driveway access is proposed for the SSTS replacement. DETAILED DISCUSSION OF THE VARIANCE REQUEST 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 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. 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. Applicants’ Rationale for the Variance The applicants noted that they are required to replace the SSTS on the property. The rationale for the variance includes:  The proposed new system will meet the current County SSTS requirements.  The proposed location meets the setback from the OHWL requirement, and is farther from the wetland boundary adjacent to the lake. Findings The following bullets present the Planner’s findings related to the Olson request for a variance, based on the statutory criteria for granting a variance. Each of the criteria is shown in italics: 13030 182nd Street Variance Request Scandia Planning Commission Page 6 September 5, 2017  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: o The residential use is permitted in the General Rural District, and an SSTS is required to support that use. o The proposed location will meet goals and policies in the Comprehensive Plan because it will replace a system that does not meet current SSTS standards with a system that will meet current standards. o The proposed system location will provide additional separation from the wetland and the lake. o The proposed variance from the setback from the road right-of-way helps to increase the system’s separation from Big Marine Lake and the adjacent wetland. Protection of the lake is a higher priority than maintaining the 40-foot road right-of-way setback.  The property owner proposes to use the property in a reasonable manner under the conditions allowed by official control(s). Single-family residences are reasonable uses in the GR District, and the use requires an SSTS. The existing use could not continue without an SSTS that meets current standards.  The practical difficulties are not caused by the landowner, and are unique to the property. The practical difficulties are caused by the location of the lake, wetlands, soils suitable for an SSTS, and the location of the existing structures on the parcel. The areas proposed for the SSTS location are the only locations where it can be constructed on the site. It is not possible to locate the new SSTS on the parcel to meet all of the required setbacks.  The variance would not alter the essential character of the area. Granting the variance would not alter the essential character of the area. The applicants’ property is surrounded by parcels with single-family residences.  Economic conditions alone shall not constitute practical difficulties. The practical difficulties are caused by the locations of the lake, wetlands, soils suitable for an SSTS, and the location of the existing structures, which limit the location where the SSTS can be accommodated on the parcel. The practical difficulties are not due 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 13030 182nd Street Variance Request Scandia Planning Commission Page 7 September 5, 2017 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, increase congestion or endanger public safety, or impair property values in the neighborhood.  The required variance is the minimum action required to eliminate the practical difficulty. Construction of the replacement SSTS in the proposed location is the minimum action required to eliminate the practical difficulty. The existing system must be replaced to permit continuation of the residential use. The proposed replacement location increases the setback from the OHWL of the lake and the adjacent wetland by reducing the setback from the roadway, which is a lower priority than the setback from the OHWL. The proposed location increases the setback from the wetland as much as possible given the site constraints.  Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Granting the variance will provide adequate access to direct sunlight for solar energy systems. ACTION REQUESTED: The Planning Commission can recommend the following: 1. Approval 2. Approval with conditions 3. Denial with findings 4. Table the request PLANNING STAFF RECOMMENDATIONS: The Planner recommends that the Planning Commission approve the variance to permit construction of the proposed SSTS at a location that is a minimum of 50’ from the boundary of the wetland adjacent to Big Marine Lake, 8 feet from the side lot line, and 13.5 feet from the roadway right-of-way on the parcel located at 13030 182nd Street North, with the following conditions: 1. The applicants shall install the SSTS in the locations consistent with the Certificate of Survey submitted to the City on August 16, 2017. 2. The applicants shall complete a wetland delineation on the parcel, and shall update the Certificate of Survey with the results of the wetland delineation. 3. The updated survey shall verify that the house if far enough from the west lot line to allow for the sewer pipe to be directed from the new sewer tanks to the new drainfield location. 4. The applicants shall obtain a County SSTS permit for the new septic system. 13030 182nd Street Variance Request Scandia Planning Commission Page 8 September 5, 2017 5. The City Engineer shall review the final survey, elevations, and grading plan to determine if drainage will be directed onto adjacent properties, and shall require changes if needed. 6. The applicants shall install erosion control practices that meet City requirements prior to removal of the existing tanks to prevent any erosion toward the wetland and lake, shall maintain the erosion control practices during construction, and shall seed and mulch the disturbed areas promptly at the completion of construction. 7. The applicants shall obtain the required Watershed District permit(s) for the project. 8. The Applicant shall pay all fees and escrows related to this application.