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HomeMy WebLinkAbout2008-080 Council Resolution -To cou,v,4,1 'Record-" 7- 30--2oo9 • Council Member Stoltz introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 08-80 RESOLUTION APPROVING A VARIANCE TO THE ARTERIAL STREET SETBACK FOR THE PROPERTY AT 7300 TERRA COURT. WHEREAS the Cityhas received an application to replace a septic treatments stem at pp p p y 7625 Peltier Lake Drive which is legally described as: That part of Government Lot 1, Section 11, Township 31, Range 22, Anoka County, Minnesota described as follows: Commencing at the southeast corner of said Government Lot 1; thence on an • assumed bearing of North 00 degrees 35 minutes 53 seconds East, along the east line of said Government Lot 1, a distance of 659.72 feet; thence North 89 degrees 25 minutes 50 seconds West a distance of 59.68 feet to the northeasterly extension of the centerline of Peltier Drive (now known as Peltier Lake Drive) as shown on the plat of REHBEIN'S PELTIER VIEW and the point of beginning of the land to be described; thence continue North 89 degrees 25 minutes 50 seconds West a distance of 219.69 feet; thence South 18 degrees 27 minutes 00 seconds East a distance of 103.95 feet; thence South 88 degrees 51 minutes 00 seconds East a distance of 176.63 feet to said centerline of Peltier Lake Drive; thence North 05 degrees 29 minutes 00 seconds East, along said centerline, a distance of 100.48 feet to the point of beginning (Said tract is also known as part of Lot 6, Auditor's Subdivision No. 55 Revised.") and WHEREAS, this proposal requires approval of a variance to the Ordinary High Water Level setback of 150 feet; and WHEREAS, a public hearing was held before the Planning & Zoning Board on July 9, 2008; and • WHEREAS, as required by Section 2, S'ubd. 4 of the zoning ordinance, the City Council made the following findings of fact regarding this property: a. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The property is currently developed with a single family home that requires a private sewage treatment system in order to continue its use legally. b. That the plight of the landowners is due to physical circumstances unique to his property not created by the landowner. The property was platted prior to the adoption of a 10 acre minimum lot size for properties not served by city utilities and the 150 foot Ordinary High Water Level setback within the Shoreland Ordinance. C. That the hardship is not due to economic considerations alone if reasonable use for the property exists under the terms of the ordinance. The site is developed with a single family home that must be served by a sewage treatment system. The current system is failing and must be replaced. Strict enforcement of the Shoreland Ordinance's Ordinary High Water Level setback and all of the other setback requirements would make replacing that system impossible, reasonable use of the property would therefore be denied. d. That granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other • lands, structures, or buildings in the same district. The zoningordinance now requires all lots without cityutilities to be a q minimum of 10 acres in size, thus guaranteeing ample room for the placement of onsite sewage treatment systems. e. That the proposed actions will be in keeping with the spirit and intent of the ordinance. The spirit and intent of the Ordinary High Water Level setback for sewage treatment systems is to maximize the spacing between the lake and a possible pollution source. As the city requires periodic inspection of the systems to guarantee systems are operational, this setback variance will not be in violation of that goal. NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby approves the Variance to the Shoreland Ordinance's Ordinary High Water Level Setback for the replacement of a private septic system at 7625 Peltier Lake Drive to which the following conditions of approval apply: 1. Prior to the approval of a permit, a monitoring and mitigation plan must be submitted. This plan must clearly require a minimum of annual visual • inspections of the system. Passed by the Lino Lakes City Council this 28'h day of July 2008. 040�0 I�m P John 46ergesK, Mayor ATTEST: tlell, Cit Clerk Adopted by the Lino Lakes City Council this 28th day of July, 2008. The motion for the adoption of the foregoing resolution was duly seconded by Council Member O'Donnell and upon vote being taken thereon, the following voted in favor thereof: Stoltz, O'Donnell, Reinert, Gallup, Bergeson The following voted against same: none Whereupon said resolution was declared duly passed and adopted. • AGENDA ITEM 6.A. • STAFF ORIGINATOR: Paul Bengtson CC MEETING DATE: July 28, 2008 TOPIC: Resolution 08-80 Variance to the Shoreland Ordinance Ordinary High Water Setback 7625 Peltier Lake Drive To allow replacement of a private sewage treatment system BACKGROUND Mark Fairbanks has requested approval of a Variance from the Ordinary High Water Level (150 feet)to allow a sewage treatment system that would be 50 feet from the Ordinary High Water Level of Peltier Lake. The proposed sewage treatment system would meet all other setback • requirements on the lot. The property is located on the eastern shore of Peltier Lake at the intersection of Peltier Lake Drive and 771h Street. The existing sewage treatment system has failed and must be replaced. The applicant has submitted information showing that the best location for a new drain field is directly above the existing drain field on the site. This will be accomplished by installing a box mound system. This is due to soil conditions, the location of the home's well, and the rather small size of the lot. ANALYSIS Comprehensive Plan, Land Use and Zoning: The table below identifies the existing land use and zoning as well as guided land uses for the area. Location Existing Land Use Guided Land Use Existing Zoning Site Residential Low Density Unsewered Residential Rural North Residential Low Density Sewered Residential Rural South Residential Low Density Unsewered Residential Rural East Residential Low Density Unsewered Residential Rural West Peltier Lake Peltier Lake Peltier Lake ---d • Setbacks: The Zoning Ordinance has no specific setback requirements for onsite sewage treatment systems. The ordinance does require almost all improvements to be setback a minimum of five feet from property lines. The Shoreland Ordinance requires the 150 foot setback from the Ordinary High Water Level of Peltier Lake. To come close to meeting this requirement the property owner would need to put the sewage treatment system in the front yard of the property, however the property's well is already located in the front yard. Sewage Treatment systems are required by state law to be setback 10 feet (tanks) and 20 feet (drain fields) from dwellings, 10 feet from property lines and 50 feet from wells. These requirements further reduce the area a system can be placed on the site. Findings: State law requires the following finings to be made in order to grant the approval of a variance. Staff has completed the findings in regards to the upland lot area reduction based on the revised submittal: FINDINGS • In considering all requests for Variance or appeal and in taking subsequent action, the City shall make a finding of fact: a. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The property is currently developed with a single family home that requires a private sewage treatment system in order to continue its use legally. b. That the plight of the landowners is due to physical circumstances unique to his property not created by the landowner. The property was platted prior to the adoption of a 10 acre minimum lot size for properties not served by city utilities and the 150 foot Ordinary High Water Level setback within the Shoreland Ordinance. C. That the hardship is not due to economic considerations alone if reasonable use for the property exists under the terms of the ordinance. The site is developed with a single family home that must be served by a sewage treatment system. The current system is failing and must be replaced. Strict enforcement of the Shoreland Ordinance's Ordinary High Water Level setback and all of the other setback requirements would make replacing that system impossible, reasonable use of the property would therefore be denied. • • d. That granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. The zoning ordinance now requires all lots without city utilities to be a minimum of 10 acres in size, thus guaranteeing ample room for the placement of onsite sewage treatment systems. C. That the proposed actions will be in keeping with the spirit and intent of the ordinance. The spirit and intent of the Ordinary High Water Level setback for sewage treatment systems is to maximize the spacing between the lake and a possible pollution source. As the city requires periodic inspection of the systems to guarantee systems are operational, this setback variance will not be in violation of that goal. PLANNING AND ZONING BOARD On July 9, 2008 the Planning and Zoning Board had much discussion about this request, ultimately recommending approval with the request that staff obtain a revised site plan. On July 23, 2008 the applicant submitted a revised site plan that better indicates the area earmarked for the placement of the proposed septic system. Previously,there were some questions about the possibility of placing the system in the front yard. The revised plan clearly depicts the size of the mound needed for the proposed system. RECOMMENDATION The Planning and Zoning Board and staff are recommending approval of Resolution Number 08- 80, approving a shoreland ordinance variance, which includes the following condition of approval: 1. Prior to the approval of a permit, a monitoring and mitigation plan must be submitted. This plan must clearly require a minimum of annual visual inspections of the system. Attachments: 1. Resolution No. 08-80 2. Site Plan submitted July 23, 2008 • r-------------------- LEGEND DUCT & FOUND 1/2" IRON PIPE I ® FOUND MONUMENT 0.35' N. 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GOUT LOT 1 Summary DESCRIPTION (Per Certificate of Title No.109293) I f �° Approved:xW Drawn:MON � That part of Government Lot 1,Section 11,Township 31,Range 22,Anoka County,Minnesota SURVEY NOTES Revision History described as follows: No. Date By Submittal/Revision 1. The bearing system is based on an assumed bearing of North 00 degrees 35 minutes 53 seconds East for the East REV.1 07/22/08 KW Commencing at the southeast corner of said Government Lot 1;thence on an assumed bearing of line of Government Lot 1,Section.11,Township 31,Range 22. North OO.degrees 35 minutes 53 seconds East,along the east line of said Goverment Lot 1,a distance 2. The benchmark used to establish Ordinary High Water: (DNR LAKE FINDER)Elevation=887.75 NGVD 1929 ! of 659.72 feet;thence North 89 degrees 25 minutes 50 seconds West a distance of 59.68 feet to the Description:Brass disc embedded in the top of side(about 2.5'south of the right edge of left abutment @ stop Sheet Title northeasterly extension of the centerline of Peltier Drive(now known as Peltier Lake Drive)as shown logs)of new outlet dam. CERTIFICATE 0 F on the plat of REHBEIN'S PELTIER VIEW and the point of beginning of the land to be described; � 3. field work was completed on 06/10/08, s thence continue North 89 degrees 25 minutes 50 seconds West a distance of 219:69 feet;thence South 18 degrees 27 minutes 00 seconds East a distance of 103.95 feet;thence South 88 degrees 51 minutes SURVEY 00 seconds East a distance of 176.63 feet to said centerline of Peltier Lake Drive;thence North o5 PROPERTY SUMMARY degrees 49 minutes 00 seconds East,along said centerline,a distance of 100.48 feet to the point of 1. Subject properties address is 7625 PELTIER LAKE DRIVE,LINO LAKES,MN,its property identification number is Sheet Number Revision beginning. (Said tract is also known as part of Lot 6,Auditor's Subdivision No.55 Revised,") 11-31-22-34-0003. 2. The gross area of the subject property is 0.45 Acres or 19,640 Square Feet. 3. The building(s)and exterior dimensions of the outside wall at ground level are shown on the survey. It may not be 001 the foundation wall. Project No. 08072 Record ID 2130094 CI 'F OF j - ---_-_- CITY OF LINO LAKES CERTIFICATION RESOLUTION NO. 08-80 STATE OF MINNESOTA) COUNTY OF ANOKA) SS CITY OF LINO LAKES) 495787 . 005 I, Julianne Bartell, City Clerk of the City of Lino Lakes, in the County of Anoka and State of Minnesota, certify that I have examined the attached copy of Resolution No. 08-80, regarding the approval of a variance to the arterial street setback for the property at 7300 Terra Court, Lino Lakes, MN, as legally described in the resolution, approved by the Lino Lakes City Council on July 28, 2008, have carefully compared the same with the original on file in this office, and that the attached copy is a true, correct and complete copy of the original. IN WITNESS WHEREOF, I have signed and affixed the city seal on July 30, 2008. City C er 600 Town Center Parkway, Lino Lakes,MN 55014 Phone: 651-982-2400 Fax: 651-982-2499 Council Member Stoltz introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 08-80 RESOLUTION APPROVING A VARIANCE TO THE ARTERIAL STREET SETBACK FOR THE PROPERTY AT 7300 TERRA COURT. WHEREAS, the City has received an application to replace a septic treatment system at 7625 Peltier Lake Drive which is legally described as: That part of Government Lot 1, Section 11, Township 31, Range 22, Anoka County, Minnesota described as follows: Commencing at the southeast corner of said Government Lot 1; thence on an assumed bearing of North 00 degrees 35 minutes 53 seconds East, along the east line of said Government Lot 1, a distance of 659.72 feet; thence North 89 degrees 25 minutes 50 seconds West a distance of 59.68 feet to the northeasterly extension of the centerline of Peltier Drive (now known as Peltier Lake Drive) as shown on the plat of REHBEIN'S PELTIER VIEW and the point of beginning of the land to be described; thence continue North 89 degrees 25 minutes 50 seconds West a distance of 219.69 feet; thence South 18 degrees 27 minutes 00 seconds East a distance of 103.95 feet; thence South 88 degrees 51 minutes 00 seconds East a distance of 176.63 feet to said centerline of Peltier Lake Drive; thence North 05 degrees329 minutes 00 seconds East, along said centerline, a distance of 100.48 feet to the point of beginning (Said tract is also known as part of Lot 6, Auditor's Subdivision No. 55 Revised.") and WHEREAS, this proposal requires approval of a variance to the Ordinary High Water Level setback of 150 feet; and WHEREAS, a public hearing was held before the Planning & Zoning Board on July 9, 2008; and WHEREAS, as required by Section 2, Subd. 4 of the zoning ordinance, the City Council made the following findings of fact regarding this property: a. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The property is currently developed with a single family home that requires a private sewage treatment system in order to continue its use legally. b. That the plight of the landowners is due to physical circumstances unique to his property not created by the landowner. The property was platted prior to the adoption of a 10 acre minimum lot size for properties not served by city utilities and the 150 foot Ordinary High Water Level setback within the Shoreland Ordinance. C. That the hardship is not due to economic considerations alone if reasonable use for the property exists under the terms of the ordinance. The site is developed with a single family home that must be served by a sewage treatment system. The current system is failing and must be replaced. Strict enforcement of the Shoreland Ordinance's Ordinary High Water Level setback and all of the other setback requirements would make replacing that system impossible, reasonable use of the property would therefore be denied. d. That granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. The zoning ordinance now requires all lots without city utilities to be a minimum of 10 acres in size,thus guaranteeing ample room for the placement of onsite sewage treatment systems. e. That the proposed actions will be in keeping with the spirit and intent of the ordinance. The spirit and intent of the Ordinary High Water Level setback for sewage treatment systems is to maximize the spacing between the lake and a possible pollution source. As the city requires periodic inspection of the systems to guarantee systems are operational, this setback variance will not be in violation of that goal. NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby approves the Variance to the Shoreland Ordinance's Ordinary High Water Level Setback for the replacement of a private septic system at 7625 Peltier Lake Drive to which the following conditions of approval apply: 1. Prior to the approval of a permit, a monitoring and mitigation plan must be submitted. This plan must clearly require a minimum of annual visual inspections of the system. Passed by the Lino Lakes City Council this 28 h day of July 2008. Air John erges , Mayor ATTEST: �' )Irlell, Cit Clerk Adopted by the Lino Lakes City Council this 28th day of July, 2008. The motion for the adoption of the foregoing resolution was duly seconded by Council Member O'Donnell and upon vote being taken thereon, the following voted in favor thereof: Stoltz, O'Donnell, Reinert, Gallup, Bergeson The following voted against same: none Whereupon said resolution was declared duly passed and adopted. AN()I C�-U lLTINNESOTA Document No.: 495787.005 TORRENS I hereby certify that the within instrument was filed in this office for record on: 08,'0112008 2:52:00 PM Fees Taxes In the Amount of $46.00 MAUREEN T. DEVINE Anoka County Property Tax Administrator'Recorder/Registrar of Titles NLC, Deputy Record ID: 2130094 Record ID 2130094 19iz� �� KE CITY OF LINO LAKES CERTIFICATION RESOLUTION NO. 08-80 STATE OF M -4NESOTA) f COUNTY OF ANOKA) SS CITY OF LINO LAKES) 495787 - 005 y r L Julianne Bartell, City Clerk of the City of Lino Lakes,in the County of Anoka and State of Minnesota, certify that I have examined the attached copy of Resolution No. 08-80, regarding the approval of a variance to the arterial street setback for the property at 7300 Terra Court, Lino Lakes, MN, as legally described in the resolution, approved by the Lino Lakes City Council on July 28, 2008,have carefully compared the same with the original on file in this office, and that the attached copy is a true, correct and complete copy of the original. IN WITNESS WHEREOF,I have signed and affixed the city seal on July 30,2008. City 600 Town Center Parkway,Lino Lakes,MN 55014 Phone: 651-982-2400 Fax: 651-982-2499 introduced the following resolution and -'n: CITY OF LINO LAKES RESOLUTION NO. 08-80 RESOLUTION APPROVING A VARIANCE TO THE ARTERIAL STREET SETBACK FOR THE PROPERTY AT 7300 TERRA COURT. WHEREAS,the City has received an application to replace a septic treatment system at 7625 Peltier Lake Drive which is legally described as: That part of Government Lot 1, Section 11, Township 31,Range 22,Anoka County, Minnesota described as follows: Commencing at the southeast comer of said Government Lot 1;thence on an assumed bearing of North 00 degrees 35 minutes 53 seconds East, along the east line of said Government Lot 1, a distance of 659.72 feet; thence North 89 degrees 25 minutes 50 seconds West a distance of 59.68 feet to the northeasterly extension of the centerline of Peltier Drive (now known as Peltier Lake Drive) as shown on the plat of REHBEIN'S PELTIER VIEW and the point of beginning of the land to be described;thence continue North 89 degrees 25 minutes 50 seconds West a distance of 219.69 feet;thence South 18 degrees 27 minutes 00 seconds East a distance of 103.95 feet; thence South 88 degrees 51 minutes 00 seconds East a distance of 176.63 feet to said centerline of Peltier Lake Drive; thence North 05 degrees 29 minutes 00 seconds East, along said centerline, a distance of 100.48 feet to the point of beginning(Said tract is also known as part of Lot 6,Auditor's Subdivision No. 55 Revised.") and WHEREAS,this proposal requires approval of a variance to the Ordinary High Water Level setback of 150 feet; and WHEREAS, a public hearing was held before the Planning&Zoning Board on July 9, 2008; and WHEREAS, as required by Section 2, Subd. 4 of the zoning ordinance,the City Council made the following findings of fact regarding this property: P a. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The property is currently developed with a single family home that requires a private sewage treatment system in order to continue its use legally. b. That the plight of the landowners is due to physical circumstances unique to his property not created by the landowner. The property was platted prior to the adoption of a 10 acre minimum lot size for properties not served by city utilities and the 150 foot Ordinary High Water Level setback within the Shoreland Ordinance. C. That the hardship is not due to economic considerations alone if reasonable use for the property exists under the terms of the ordinance. The site is developed with a single family home that must be served by a sewage treatment system. The current system is failing and must be replaced. Strict enforcement of the Shoreland Ordinance's Ordinary High Water Level setback and all of the other setback requirements would make replacing that system impossible,reasonable use of the property would therefore be denied. d. That granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. The zoning ordinance now requires all lots without city utilities to be a minimum of 10 acres in size,thus guaranteeing ample room for the placement of onsite sewage treatment systems. e. That the proposed actions will be in keeping with the spirit and intent of the ordinance. The spirit and intent of the Ordinary High Water Level setback for sewage treatment systems is to maximize the spacing between the lake and a possible pollution source. As the city requires periodic inspection of the systems to guarantee systems are operational,this setback variance will not be in violation of that goal. NOW, THEREFORE,BE IT RESOLVED that the City Council of Lino Lakes hereby approves the Variance to the Shoreland Ordinance's Ordinary High Water Level Setback for the replacement of a private septic system at 7625 Peltier Lake Drive to which the following conditions of approval apply: 1. Prior to the approval of a permit, a monitoring and mitigation plan must be submitted. This plan must clearly require a minimum of annual visual inspections of the system. t Passed by the Lino Lakes City Council this 28 h day of July 2008. John J. Bergeson,Mayor ATTEST: Julie Bartell, City Clerk Adopted by the Lino Lakes City Council this 28th day of July, 2008. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted.