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5.a) Staff Report- HelmsVariancePC 10 7 14 Memorandum To: Scandia Planning Commission Kristina Handt, City Administrator Reference: Helms Variance Application, City of Scandia Copies To: Ronald and Vicki Helms Project No.: 15485.017 From: Sherri Buss, RLA AICP, Planner Routing: Date: September 18, 2014 SUBJECT: Helms Variance Application MEETING DATE: October 7, 2014 LOCATION: 12160 196th Street Scandia, Minnesota APPLICANTS: Ronald and Vicki Helms 12499 77th Street North Stillwater, MN 55082 ZONING: General Rural (GR) District and Shoreland Overlay District 60-DAY PERIOD: October 10, 2014 ITEMS REVIEWED: Application and Sketch Plan THE PLANNING COMMISSION TABLED THIS ITEM AT ITS SEPTEMBER MEETING, TO REQUEST INFORMATION FROM THE ATTORNEY ABOUT THE PROPOSED CONDITION TO REQUIRE THE COMBINATION OF LOTS. THIS STAFF REPORT HAS BEEN UPDATED FOR THE OCTOBER 7 MEETING TO INCLUDE THE INFORMATION FROM THE CITY ATTORNEY. THE NEW INFORMATION IS SHOWN IN BOLD TEXT IN THIS REPORT. BRIEF DESCRIPTION OF THE REQUEST: The applicant is seeking to place a new septic system holding tank on the property at 12160 196th Street North. Placement of the tank will require a variance from the Washington County Subsuface Sewage Treatment Ordinance (adopted by reference by the City) and a variance from the required setback from the side lot line. Helms Variance Staff Report Scandia Planning Commission Page 2 October 7, 2014 The applicant owns multiple adjacent parcels that include approximately 1.86 acres. The property is located in the General Rural (GR) District and the Shoreland Overlay District of Big Marine Lake, a Recreational Development Lake. BACKGROUND Washington County’s Department of Public Health and Environment has recently received some applications for sewage holding tanks for properties in the Shoreland District and St. Croix River Overlay District within Scandia. The use of a holding tank rather than a mound system for residential use requires a variance from Section 18.5 (2) of the Washington County Subsurface Sewage Treatment System (SSTS) Ordinance, which states that “Holding tanks may be considered on a permanent basis for non-residential, low water use establishments with a sewage flow of 150 gallons per day or less, subject to approval by the Department or local unit of government.” Since Scandia is the zoning authority, the County is requesting that the City review the variance applications and complete the approvals for these requests. Pete Ganzel at the County indicated that the County believes that holding tanks are only appropriate for “low use” residential uses—such as uses that are seasonal in nature (used less than 180 days per year), and buildings that cannot be used as a year-round residence. Pete also recommends that the owners agree to conditions regarding the maintenance of the system, which should be included as part of the variance approval. The SSTS ordinance requires mounds or other engineered systems for year-round residences and larger cabins. (The County would not approve a holding tank as the septic system for the Holloway cabin application that is currently before the Planning Commission, for example, because the expanded cabin is large enough to be a year-round residence, and constructed in a fashion that would allow it to be used year-round.) However, the County believes that the holding tanks systems are the best option in low-use situations because they require a smaller area on the site, and are likely to have less impact on vegetation, wetlands, and required setbacks than mound or engineered systems. The County believes that this is an advantage of the holding tank systems on smaller lots where vegetation disturbance and setbacks are a concern, such as small lots within the Shoreland and St. Croix River Districts. The County has recently begun a process to update its SSTS Ordinance. The County is considering changes to the ordinance that will permit the use of holding tanks on low-use residential lots. If the proposed changes are adopted, variances would longer be required for holding tanks that met the low-use requirement. The Helms parcels include a small cabin (approximately 350 square feet) that is used seasonally. The applicants indicated that this use will continue. Pete Ganzel suggested that a holding tank is appropriate to meet the septic needs in this case, with conditions regarding operation and maintenance. The Planner has included proposed conditions for approval of the variance that address the future use and maintenance requirements for the tank system. Requirement for Lot Combination The Helms own multiple parcels adjacent to the parcel where the septic system is proposed. The City has required that property owners in similar situations combine all of the adjacent parcels they own to create a single parcel that meets or comes as close as Helms Variance Staff Report Scandia Planning Commission Page 3 October 7, 2014 possible to meeting the requirements in Chapter One, Section 13.5 (1)(H) of the Development Code related to conforming lots. The Planner included a condition for granting the variance that the Helms’ lots be combined. The Helms’ questioned the City’s authority to do that at the public hearing on September 2. City staff indicated that they would request an opinion from the City Attorney on this issue. Staff provided the information on the variance request and nonconformities issue to the Attorney. He provided the following response: “I have reviewed the detail provided. Minnesota law permits the City to require non-conforming lots to be combined for the purpose of development. Additionally, as a condition of approving a variance, the City can certainly impose this requirement as it reasonably related to the application.” Staff also noted that a variance from the road setback was granted to the property in 1985 to build a garage. The variance was granted with the stipulation that the multiple lots under the same ownership at that time be combined. However, the condition was not met by the owner. The condition related to lot combination is included in the staff recommendation based on the Attorney’s comment. DETAILED EVALUATION OF THE VARIANCE REQUEST: The sections that follow discuss the criteria and rationale for granting a variance related to this application. Comprehensive Plan The Comprehensive Plan describes the General Rural District as a residential area of mixed lot sizes. The Plan states that overall density in the District should meet the Metropolitan Council requirement of no more than 1 housing unit per 10 acres, but acknowledges that there are a significant number of existing smaller parcels in the District, that areas around the lakes in Scandia that do not meet the lot size and density standard, and that this will continue. The Comprehensive Plan includes goals to protect the water resources in the City through enforcement of the City’s ordinances, including the SSTS ordinance. The applicants indicate they are proposing to replace the existing tank as a proactive approach to provide a safe septic system and minimize land disturbance. Granting the variance from the rear setback will help to maintain the required setback from Big Marine Lake. The proposed use of the property is generally consistent with the goals of the Comprehensive Plan for the General Rural District and Shoreland Overlay District. Development Code Requirements: Lot Size and Setbacks The applicant’s 3 parcels include approximately 1.86 total acres. The GR District permits lots of 2 acres and larger in size, and the Shoreland District requires that existing lots on Recreational Development lakes conform to the minimum lot size of the underlying zoning district. Each of the existing lots is smaller than the minimum lot size required in the GR District and Shoreland District, and therefore the lots must be combined, so that the combined lots will equal one or more conforming lots as closely as possible [Development Code Chapter 1, Section 13.5 (1)H]. Helms Variance Staff Report Scandia Planning Commission Page 4 October 7, 2014 The Planner has included a condition that the applicants must combine the parcels that they own into a single parcel before the City will issue a building permit for the proposed holding tank. The required setbacks for structures (including septic systems) in the Shoreland Overlay District are the following:  Structure setback from the OHWL: 100 feet  Side setbacks: 20 feet for lots that are larger than 1 acre in size  Setback from the rear lot line: 50 feet The applicant’s proposed setbacks include the following:  Approximately 100 feet from the OHWL  Approximately 10 feet from the side lot line  Approximately 35-40 feet from the rear lot line of the current parcel. If the parcels are combined as required by the Development Code, the rear setback will meet the ordinance requirement. The replacement of the holding tank in the same location as the existing tank as the applicants are proposing will require a variance from the side setback requirement. Accessory Structures There are no existing accessory structures on the parcel, and none are proposed with this application. Lot Coverage The Shoreland Overlay District permits up to 25% lot coverage on the area above the OHWL. The Planner calculated that the existing coverage on the lot is approximately 7%. The coverage will not change with the addition of the proposed holding tank. The parcel meets the coverage requirement. Building Height No new buildings are proposed with the application. Driveway Access There is an existing driveway that provides access to the parcel. No change in access is proposed with the application. Wastewater Treatment The Planner sent a copy of the application to Pete Ganzel, Washington County Health Department, for review and comment. Pete Ganzel provided comments in an email dated August 14. His comments recommend a holding tank as the best sewage solution for the low- use cabin at 12160 196th Street North. Pete indicated that installation of a mound system or other engineered system would require more disturbance than installation of a septic tank, and Helms Variance Staff Report Scandia Planning Commission Page 5 October 7, 2014 that this is one of the reasons that a holding tank is preferred. He noted that Sections 18.5 (5- 10) of the SSTS ordinance should be addressed as permit conditions. The Planner has included proposed conditions regarding system operations based on the County’s SSTS ordinance and previous City approvals. Stormwater Management The Planner sent the application to the Carnelian-Marine-St. Croix Watershed District (CMSCWD) for review and comment. The District Administrator provided the following comments regarding the Helms’ application:  “After review of the County’s comments and proposed changes to rules regarding septic holding tanks, the District supports this application for variance.  “There are several long term issues regarding these changes as they relate to this situation. The City may want to consider making them conditions of the variance. Safeguards should be in place to prevent overflow or winter damage to the system. The annual tracking of system pumping should be required to insure against these problems or changes in use patterns, and the cost of managing this information and inspections should be added to the cost of permitting. In addition, future buyers should be made aware of the seasonal nature of the systems they are acquiring.  “Again, the District supports this request for variance since it is more environmentally sensitive solution to this use on the site. The project will not require a district permit.” The Planner has included proposed conditions that address the issues identified in the District’s comments. DNR Comments The Planner sent the application to the DNR for review and comment. DNR staff commented as follows: “The DNR would not have any issues with this proposal, as it is an improvement over what is existing. I would recommend some type of covenant or deed restriction so that if it is ever sold, the new owners are put on notice that there are restrictions on expansion opportunities because of septic limitations.” The Planner has included a proposed condition that limits the expansion of the cabin, and requires any change in use to comply with all County and City Ordinances. The Resolution of approval for the variance will be recorded against the property, so that new owners will be informed about the septic system limitations on the property. CRITERIA FOR VARIANCES AND FINDINGS Chapter 1, Section 6.0 of the Development Code and Minnesota Statutes 462.357 include the criteria and required process for granting 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. Helms Variance Staff Report Scandia Planning Commission Page 6 October 7, 2014 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. Applicant’s Rationale for the Variance The applicants provided the following in their rationale for the variance request:  The cabin is used during the summer, typically for 1-2 weekends each month. The cabin is not used for overnight stays.  The applicants estimate the water use to be approximately 100 gallons per month during the summer months. There is no dishwasher or washing machine in the cabin, and only one bathroom with no tub.  The applicants have no plans to change the cabin the future.  Washington County’s Health Department has indicated that a holding tank is suitable for this situation. Findings The Helms are requesting a variance to construct holding tank to replace the existing septic system on their property. The proposed construction on a residential property requires a variance from the SSTS Ordinance, and from the side lot line setback requirement. The following bullets present the Planner’s findings related to the Helms’ 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. The Comprehensive Plan and Development Code support single-family residential uses in the General Rural District and Shoreland Overlay District. A working septic system is necessary to support the residential use on the property. The Plan and Code support protection of the City’s water resources from erosion and sedimentation. The cabin structure is only suitable for limited seasonal use, and therefore the Washington County Health has recommended that a holding tank is suitable to meet need for a septic system in this situation. The installation of the tank in approximately the same location as the existing tank will create less disturbance to vegetation and less erosion potential than installation of a mound or engineered system, in the Shoreland area. The proposed location requires a variance from the setback from the side lot line, in order to replace the tank in the same location as the existing tank to minimize disturbance. The request is in harmony with the general purposes and intent of the official controls. Helms Variance Staff Report Scandia Planning Commission Page 7 October 7, 2014  The property owner proposes to use the property in a reasonable manner under the conditions allowed by official control(s). Single-family residences are permitted, and therefore reasonable, uses in the General Rural District and Shoreland Overlay District. Septic systems are necessary for this use. The proposed use is reasonable under the conditions allowed by the Development Code.  The practical difficulties are not caused by the landowner, and are unique to the property. The practical difficulties are created by the size of the parcel and its location within the Shoreland District. The parcel depth does not permit the placement of a holding tank that meets the setback Big Marine Lake. Installation of a mound or engineered system that met the ordinance requirements would disturb a larger area and create more potential impacts to soils and vegetation in the Shoreland District than the proposed holding tank. The practical difficulties are not caused by the landowner, and are unique to the property.  The variance would not alter the essential character of the area. The holding tank will be located below ground. Granting the variance would not alter the essential character of the area.  Economic conditions alone shall not constitute practical difficulties. The practical difficulties are related to the size of the parcel and its location in the Shoreland District. The practical difficulties are not only economic in nature.  The proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. The proposed variance will not impair the supply of light or air to adjacent properties, and replacement of the existing home with a new single-family home will not increase congestion, endanger the public, or substantially diminish or impair property values in the neighborhood.  The required variance is the minimum action required to eliminate the practical difficulty. The proposed action will replace the existing septic system with a system that will better protect the environment, while meeting the needs of the seasonal residential use. The holding tank will create the least potential disturbance to soils and vegetation in the Shoreland area among the potential replacement system options. Replacement of the holding tank in the same location as the existing tank will minimize disturbance. The required variance is the minimum action required to eliminate the practical difficulty. Helms Variance Staff Report Scandia Planning Commission Page 8 October 7, 2014  Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. The variance is not related to a need for direct sunlight for solar energy systems. ACTION REQUESTED: The Planning Commission should receive public comments at the hearing on September 2. The Planning Commission should discuss the variance request, and 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 recommend approval of a Variance to permit construction of a holding tank septic system in a location that is a minimum of 10 feet from the sidelot line at 12160 196th Street North. The Planner recommends the following conditions for the variance: 1. Installation of the system shall be consistent with the plans submitted to the City on August 11, 2014. The new holding tank shall meet the required setback from Big Marine Lake and the existing well. 2. The applicants shall combine the parcels that they own into a single parcel before the City will issue a building permit for the proposed holding tank. 3. The use of the dwelling shall be seasonal use only. If the applicant or owners propose to expand the dwelling or use of the property, they shall contact Washington County to determine whether a change in the septic system is required. Future expansion of the dwelling may be limited, and shall strictly comply with all County and City Ordinances. 4. The applicants shall obtain a building permit from the City. 5. The applicant and system designer shall verify to the City that the tanks can be pumped from the driveway at the proposed location, or identify how a pump truck will access the tank to complete the required pumping, before a permit shall be issued for the system. 6. The applicants shall obtain the required septic system permit from Washington County. 7. The owner shall obtain and maintain a contract for disposal and treatment of the septage with a licensed Maintainer. 8. The applicant shall install an alarm device with audible alarms and lights, to minimize the chance of accidental sewage overflow unless regularly-scheduled pumping is used. The alarm device shall identify when the tank is at 75% capacity, and a pumper must be called to pump the tank if the alarm sounds. Helms Variance Staff Report Scandia Planning Commission Page 9 October 7, 2014 9. The applicants shall complete a vacuum test of the tank after installation and backfill are completed. The test shall ensure that the system is watertight after installation and that no leaks are present. The applicants or the system installer shall provide the results of the test to the City. 10. The sewage discharge pipe shall be located at least 30 feet from the water supply well. 11. Before each winter, the discharge pipe shall be completely drained and the ejector basket and tanks shall be pumped out. 12. The Applicant shall pay all fees and escrows associated with this application.