HomeMy WebLinkAbout#27 - 8130 Hill Trl VariancePUBLIC HEARING ITEM 4B – ACTION ITEM
STAFF REPORT
DATE: 10/17/17
REGULARITEM #: 27
MOTION
TO: City Council
FROM: Emily Becker, Planning Director
AGENDA ITEM: Variance Request from Septic Setback Standards and Expansion of Non-Conforming Structure within the Shoreland District
REVIEWED BY: Joan Ziertman, Planning Program Assistant
BACKGROUND:
The City has received a request from owners/applicants Peter and Adrienne Pavek (Applicant), of 8130 Hill Trail North, to allow installation of a new septic system which does not meet setback standards and expansion of a non-conforming structure within the shoreland district.
ISSUE BEFORE COUNCIL:
The Council is being asked to review and consider approval of the above-mentioned requests.
REVIEW/ANALYSIS:
Existing Land Use/Zoning: Single-family detached residential home guided for Rural Single Family / Rural Single Family.
Surrounding Land Use/
Zoning:
Surrounded by single family homes and guided for Rural Single
Family / Rural Single Family. Lake Demontreville is to the East.
History: The property has long been used as a single-family detached dwelling. The property received a variance in 1999 for expansion of a non-conforming structure which did not meet the minimum
setback requirements from the OHWL to allow enclosure of an open porch.
Deadline for Action: Application Complete – 8/23/2017 60 Day Deadline – 10/22/2017
Extension Letter Mailed – N/A
120 Day Deadline – N/A Applicable Regulations: •Article V - Zoning Administration and Enforcement
•Article XVIII – Shoreland Management Overlay District
•Table V, Section 16, Chapter Four of the WashingtonDevelopment Code
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PUBLIC HEARING ITEM 4B – ACTION ITEM
VARIANCE FROM SEPTIC SETBACK REQUIREMENTS
The applicant is requesting a variance from the minimum setback requirements for a septic system as highlighted below due to the minimal size of the lot. Standard Required Existing Proposed
Setback from Ordinary High Water Level (OHWL) of Recreational Development (RD)
Lake
75 feet 38 feet 50 feet
Drainfield setback from
non-occupied structures
(garage)
10 feet Less than 5 feet 6 feet
Drainfield setback from
property line
10 feet 3 feet (from south
property line) 5 feet (from north property line)
4 feet (from south
property line)
Drainfield setback from the shoreland bluffline 20 feet 5 feet 15 feet
Reason for Variance. The applicant is proposing a remodel of the existing home, which includes a small square footage addition of frost footings on the northwest corner of the house, the addition of a covered walkway between the garage and the house, adding a screened porch to the west side of the house, and building a second story over the existing foundation. The existing septic system will need to be upgraded in order to allow for this remodel. The applicant has indicated that the existing
garage, which was constructed by a previous landowner approximately 13 years ago, limited an alternative location. Additionally, soil borings have indicated that the area to the west of the home along Hill Trail will not support a system due to compacted silty loam and sand layer causing standing water in the soil profile.
The current system was installed around 1981 and has a drainfield in approximately the same location but is 12 feet closer to the lake than the proposed drainfield and only five feet from the bluff line at the closest point. All neighboring wells are located more than 100 feet from the proposed treatment area. The proposed Multi-Flo septic system includes an aerobic tank which filters over
95% of the normal sewage contaminants prior to the wastewater being pumped to the drainfield. The applicant has indicated that the system will be serviced two times a year with reports being sent to the homeowner, City, Minnesota Pollution Control Agency, and Multi-Flo yearly and that a service contract comes with the system for two years. Currently, Chapter 4 of the Washington County
Development Code states that a certificate of compliance is good for every three years. This was changed from two years in an amendment done in 2015. Staff recommends that it be a condition of approval that the applicant adhere to the requirements of Chapter 4 of the Washington County Development Code. Additionally, it is a recommended condition of approval that the existing tanks be abandoned, pumped and filled with soil and that a tank abandonment report be completed.
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PUBLIC HEARING ITEM 4B – ACTION ITEM
Review by Washington County Department of Public Health and Environment. Washington County Department of Health and Environment has reviewed the proposed variance request and has not provided feedback by the time this report was written. However, Staff from this department have
been consulted during the design process and have visited the site to observe pits being dug in the proposed drain field area. Review by Minnesota Department of Natural Resources (MNDNR). The application was sent to the MNDNR. At the time of writing this report, Staff has not yet received comments back from the
MNDNR. VARIANCE TO ALLOW EXPANSION OF NON-CONFORMING STRUCTURE Reason for Variance. As previously mentioned, the applicant is proposing a remodel of the existing home, which includes a small square footage addition of frost footings on the northwest corner of the house, the addition of a covered walkway between the garage and the house, adding a screened porch to the west side of the house, and building a second story over the existing foundation (not to exceed
the maximum height of 35 feet). The home is non-conforming in that:
• It does not meet the required setback from the OHWL of 100 feet from Lake Demontreville (a Recreational Development Lake) as required by 154.800: Shoreland Management Overlay District of the Zoning Code.
• It is located on an existing lot which does not meet the minimum lot size required for the Rural Single Family zoning district. The minimum size required for this zoning district is 1.5
acres. There is a provision that allows an existing lot or parcel which was of record prior to the effective date of the applicable zoning standard to be used as a single-family detached dwelling provided the area and the width are within 60% of the minimum requirements of the chapter, provided all setback requirements are maintained. However, the subject parcel does not meet this requirement, as the parcel is not 60% (0.9 acres) of 1.5 acres; it is 0.38 acres.
Setback Averaging. There is a provision with the Shoreland Management Overlay District
Section of the Zoning Code that states that where structures exist on the adjoining lots on both sides of a proposed building that structure setbacks may be altered without a variance to conform to the adjoining setbacks from the OHWL. This provision does not apply in this case however, because the home to the northwest of the subject property is setback much further from the
OHWL (approximately 77 feet) than the subject property (48.4 feet).
Reduced Impervious Surface. The applicant is proposing to remove the existing 2,340 square foot gravel driveway and replace it with a new 1,847 square foot driveway and use pervious pavers for the sidewalk connecting the driveway to the proposed covered walkway between the
house and garage, thereby reducing the impervious surface from 27% to 25%.
Review by Minnesota Department of Natural Resources (MNDNR). The application was sent to the MNDNR. At the time of writing this report, Staff has not yet received comments back from the
MNDNR. In the past, the MNDNR has recommended that if such a variance is granted, that the City include the condition that the impervious surface created by the further encroachment of the structure within the required setback from the OHWL be mitigated. With a very similar request,
the MNDNR has specifically recommended that the condition be that the Applicant direct rain
gutter discharges into a rain garden (infiltration basin designed to capture and infiltrate runoff). However, because the Applicant is actually reducing the impervious surface on the lot, Staff does
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PUBLIC HEARING ITEM 4B – ACTION ITEM
not recommend that this condition be added. This condition has been recommended by Staff in
previous variance requests due to MNDNR recommendation, but that was because the impervious
surface was increased. The Planning Commission has recommended in the past that the applicant either install the rain garden or install pervious pavers as a form of mitigation, but Council has not adopted this condition. Staff has recommended adding conditions of approval that the applicant remove the existing gravel driveway and re-sod the area and that the maximum allowable
impervious surface on the property shall not exceed 25%.
Recommended Findings. An applicant must establish and demonstrate compliance with the variance criteria set forth in Lake Elmo City Code Section 154.017 before an exception or modification to city code requirements can be granted. These criteria are listed below, along with comments from Staff regarding applicability of these criteria to the applicant’s request.
1) Practical Difficulties. A variance to the provision of this chapter may be granted by the Board of Adjustment upon the application by the owner of the affected property where the strict enforcement of this chapter would cause practical difficulties because of circumstances unique to the individual property under consideration and then only when it is demonstrated that such
actions will be in keeping with the spirit and intent of this chapter. Definition of practical difficulties - “Practical difficulties” as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by an official control.
FINDINGS:
• Septic Variance: The applicant is proposing to expand an existing home and needs to upgrade the septic system in order to do so. The small size of the lot makes it difficult to find other viable septic sites. Soil borings determined that no other sites throughout the property would be acceptable.
• Expansion of Non-Conforming Structure: The size of the lot and the required setbacks for
the septic system and wells create difficulties in determining an area for expansion of the
existing home. A great majority of the proposed addition to the home will be adding a second story, which does not increase the non-conformity. Only the addition of a covered walkway, entry roof, and small expansion to match an already existing width of the house is being
proposed within the required setback from the Ordinary High Water Level.
2) Unique Circumstances. The plight of the landowner is due to circumstances unique to the property not created by the landowner.
FINDINGS:
• Septic Variance: The property was platted and the house was constructed long before
current minimum lot size and shoreland standards, and so there are no other options for location of an upgraded septic system. A garage was constructed about 13 years ago by a previous landowner that significantly limited alternative options for a septic location.
• Expansion of Non-Conforming Structure: The property was platted and the house was constructed long before current minimum lot size and shoreland standards. The addition of a
garage by a previous landowner about 13 years ago severely limited options to expand the
home elsewhere on the property. The majority of the proposed addition to the home will be on the second story and will in no way limit secondary septic drainfield options, as soil borings have determined the proposed locations of the additions are not suitable for septic
area.
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PUBLIC HEARING ITEM 4B – ACTION ITEM
3) Character of Locality. The proposed variance will not alter the essential character of the locality in which the property in question is located.
FINDINGS:
• Septic Variance: The location of the septic system will not alter the character of the neighborhood, as it will have no visual impact. The current system was installed in 1981, and the new system will be less impactful to the lake, as 95% of contaminants will be removed
before entering the drainfield.
• Expansion of Non-Conforming Structure: The house is currently smaller than surrounding
homes, and so the expansion of the home will in fact cause the home to conform closer to the essential character of the locality. 4) Adjacent Properties and Traffic. The proposed variance will not impair an adequate supply of
light and air to properties adjacent to the property in question or substantially increase the
congestion of the public streets or substantially diminish or impair property values within the neighborhood.
FINDINGS.
• Septic Variance: The property owners to the south to whose property line the septic
drainfield is proposed to be located closer than the required minimum distance of ten feet
have indicated that they have no issue with the proposed setback of four feet. The proposed septic system will be less impactful to the lake and surrounding properties than the current system.
• Expansion of Non-Conforming Structure: The proposed addition will not encroach further
to the required setback from the Ordinary High Water Level, thus not impairing views of the
lake. Surrounding homes appear to be larger than the subject property, and so supply of air and light will not be affected with the addition.
Planning Commission Review. The Planning Commission reviewed the above-mentioned requests and held a public hearing on September 25, 2017. The Planning Commission had the following
comments:
• Concern about pumping and inspection of the tanks. Felt that tanks should be inspected and pumped every year or at least every two years.
• Added conditions that appropriate permits must be obtained.
During the public hearing, the following comments were received:
• Expression of support from two individuals for the proposed variance requests.
The Planning Commission recommended approval of the variance requests with amended conditions
of approval with a vote of 7-0.
FISCAL IMPACT:
The proposed variance is not expected to have fiscal impact to the City.
OPTIONS:
The Council may:
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PUBLIC HEARING ITEM 4B – ACTION ITEM
• Recommend approval of the proposed variances, subject to recommended conditions of approval.
• Amend recommended conditions of approval and recommend approval of the variances, subject to amended conditions of approval.
• Recommend approval of only the proposed septic variance, subject to recommended or
amended conditions of approval.
• Move to recommend denial of both proposed variances, citing findings of fact for denial.
RECOMMENDATION:
Staff and the Planning Commission recommend approval of the request from Peter and Adrienne Pavek for a variance from the required setbacks for a septic system, subject to the
following conditions:
1) That the Applicant adhere to standards set forth in Chapter 4 of the Washington Development Code, specifically as it pertains to inspection and maintenance requirements. 2) The existing tanks shall be abandoned, pumped and filled with soil. A tank abandonment report shall be completed.
3) That the Applicant obtain all applicable permits, including but not limited to a Washington County Subsurface Sewage Treatment System (SSTS) permit.
“Move to adopt Resolution 2017-114 approving the request from Peter and Adrienne Pavek for a
variance from the required setbacks for a septic system from property lines, shoreland bluffline, Ordinary High Water Level, and non-occupied structure, subject to recommended conditions of approval.”
Staff and the Planning Commission also recommend approval of a variance to allow expansion of a non-conforming structure not meeting the required setback from the Ordinary High Water Level as required by the Shoreland Management Overlay District Article or the minimum lot size for a single family detached dwelling as required by the Rural Districts Article of the Zoning Code, subject to the following conditions:
Conditions:
1) That the applicant remove the existing gravel driveway and re-sod the area as shown on the
proposed site plan. 2) That the maximum allowable impervious surface coverage on the property shall not exceed the proposed 25%. 3) That the Applicant obtain all applicable and required permits.
“Move to adopt Resolution 2017-115 approving the request from Peter and Adrienne Pavek for a variance to allow expansion of a non-conforming structure not meeting the required setback from the Ordinary High Water Level or minimum lot size required within the Rural Single Family zoning district, subject to recommended conditions of approval.”
ATTACHMENTS:
1) Application and narrative 2) SP Testing narrative 3) Existing and proposed site plan 4) Architectural drawings 5) Neighbor letters of support
6) Resolution 2017-114 approving variance from required septic setbacks 7) Resolution 2017-115 approving variance to allow expansion of non-conforming structure
Resolution 2017- 1
CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION 2017-
A RESOLUTION APPROVING A VARIANCE FROM MINIMUM SEPTIC SETBACK STANDARDS WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Peter and Adrienne Pavek, 8130 Hill Trail N, Lake Elmo, MN 55042 (“Applicant”), has submitted an application to the City of Lake Elmo (the “City”) for a variance
to allow installation of a new septic system which does not meet the minimum setback
requirements from the property line, shoreland bluff line, Ordinary High Water Level, and non-occupied structure. WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo
Zoning Ordinance, Section 154.109; and
WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter on September 25, 2017; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendation to the City Council as part of a Staff Memorandum dated September 25, 2017; and WHEREAS, the City Council considered said matter at its October 3, 2017 meeting.
NOW, THEREFORE, based on the testimony elicited and information received, the City Council makes the following: FINDINGS
1) That the procedures for obtaining said Variance are found in the Lake Elmo Zoning Ordinance, Section 154.109. 2) That all the submission requirements of said Section 154.109 have been met by the
Applicant. 3) That the proposed variance includes the following components: a) A variance to allow installation of a new septic system which does not meet the
following minimum setback requirements:
Resolution 2017- 2
i. Septic dispersal area 10 from the property line (variance to allow 4 feet from the southern property line). ii. Septic dispersal area 20 feet from the shoreland bluffline (variance to allow 15 feet). iii. Septic dispersal area 75 feet from the Ordinary High Water Level
(variance to allow 50 feet).
iv. Septic dispersal area 10 feet from a non-occupied structure (variance to allow 6 feet). 4) That the Variance will be located on property legally described as follows: LOTS 524
THRU 527& LOTS 612 THRU 615 WARNING: (SUBJ TO RESOLUTION 87-32 CITY OF LAKE ELMO THAT PROHIBITS TRANSFER OF REAL ESTATE IN THE LANES DEMONTREVILLE PLAT WITH- OUT CITY APPROVAL) SubdivisionName LANE'S DEMONTREVILLE COUNTRY CLUB Lot 614 SubdivisionCd 37445. PID# 09.029.21.22.0007.
5) That the strict enforcement of Zoning Ordinance would cause practical difficulties and that the property owner proposes to use the property in a reasonable manner not permitted by an official control. Specific findings: The applicant is proposing to expand an existing home and needs to upgrade the septic system in order to do so. The small size of the lot
makes it difficult to find other viable septic sites. Soil borings determined that no other sites throughout the property would be acceptable. 6) That the plight of the landowner is due to circumstances unique to the property not created by the landowner. Specific findings: The property was platted and the house
was constructed long before current minimum lot size and shoreland standards, and so there are no other options for location of an upgraded septic system. A garage was
constructed about 13 years ago by a previous landowner that significantly limited
alternative options for a septic location. 7) That the proposed variance will not alter the essential character of the locality in which
the property in question is located. Specific findings: The location of the septic system
will not alter the character of the neighborhood, as it will have no visual impact. The current system was installed in 1981, and the new system will be less impactful to the lake, as 95% of contaminants will be removed before entering the drainfield.
8) That the proposed variance will not impair an adequate supply of light and air to properties
adjacent to the property in question or substantially increase the congestion of the public
streets or substantially diminish or impair property values within the neighborhood.
Specific findings: The property owners to the south to whose property line the septic drainfield is proposed to be located closer than the required minimum distance of ten feet
have indicated that they have no issue with the proposed setback of four feet. The proposed septic system will be less impactful to the lake and surrounding properties than the current system. CONCLUSIONS AND DECISION
Resolution 2017- 3
Based on the foregoing, the Applicant’s application for a Variance is granted, subject to the following conditions. 1) That the Applicant adhere to standards set forth in Chapter 4 of the Washington Development Code, specifically as it pertains to inspection and maintenance requirements. 2) The existing tanks shall be abandoned, pumped and filled with soil. A tank abandonment
report shall be completed. 3) That the Applicant obtain all applicable permits, including but not limited to a Washington County Subsurface Sewage Treatment System (SSTS) permit.
Passed and duly adopted this 17th day of October 2017 by the City Council of the City of Lake Elmo, Minnesota.
__________________________________ Mike Pearson, Mayor ATTEST:
________________________________
Julie Johnson, City Clerk
Resolution 2017- 1
CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION 2017-
A RESOLUTION APPROVING A VARIANCE ALLOWING EXPANSION OF NON-CONFORMING STRUCTURE WITHIN THE SHORELAND DISTRICT WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Peter and Adrienne Pavek, 8130 Hill Trail N, Lake Elmo, MN 55042 (“Applicant”), has submitted an application to the City of Lake Elmo (the “City”) for a variance
to allow expansion of a non-conforming structure not meeting the minimum required structure
setback from the Ordinary High Water Level on a lot not meeting minimum lot size requirements of the Rural Single Family zoning district. WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo
Zoning Ordinance, Section 154.109; and
WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter on September 25, 2017; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendation to the City Council as part of a Staff Memorandum dated September 25, 2017; and WHEREAS, the City Council considered said matter at its October 17, 2017 meeting.
NOW, THEREFORE, based on the testimony elicited and information received, the City Council makes the following: FINDINGS
1) That the procedures for obtaining said Variance are found in the Lake Elmo Zoning Ordinance, Section 154.109. 2) That all the submission requirements of said Section 154.109 have been met by the
Applicant. 3) That the proposed variance includes the following components: a) A variance to allow expansion of a non-conforming structure not meeting the
minimum required structure setback from the Ordinary High Water Level on a lot
Resolution 2017- 2
not meeting minimum lot size requirements of the Rural Single Family zoning district. The expansion includes an expansion to an existing deck; frost footings to the northwest corner of the house; an addition to the house to match the current house width; an entry roof adjacent to an existing deck attached to the garage; a walkway connecting the garage and house; and a screened porch, as indicated in
the site plan dated 7/24/17.
4) That the Variance will be located on property legally described as follows: LOTS 524 THRU 527& LOTS 612 THRU 615 WARNING: (SUBJ TO RESOLUTION 87-32 CITY OF LAKE ELMO THAT PROHIBITS TRANSFER OF REAL ESTATE IN THE
LANES DEMONTREVILLE PLAT WITH- OUT CITY APPROVAL) SubdivisionName LANE'S DEMONTREVILLE COUNTRY CLUB Lot 614 SubdivisionCd 37445. PID# 09.029.21.22.0007. 5) That the overall impervious surface of the site as shown on the proposed site plan dated
July 24, 2017 reduces the amount of impervious surface on the property.
6) That the strict enforcement of Zoning Ordinance would cause practical difficulties and that the property owner proposes to use the property in a reasonable manner not permitted by an official control. Specific findings: The size of the lot and the required setbacks
for the septic system and wells create difficulties in determining an area for expansion of the existing home. A great majority of the proposed addition to the home will be
adding a second story, which does not increase the non-conformity. Only the addition of a covered walkway, entry roof, and small expansion to match an already existing width of the house is being proposed within the required setback from the Ordinary High Water Level.
7) That the plight of the landowner is due to circumstances unique to the property not created by the landowner. Specific findings: The property was platted and the house was constructed long before current minimum lot size and shoreland standards. The addition of a garage by a previous landowner about 13 years ago severely limited options to expand the home elsewhere on the property. The majority of the proposed
addition to the home will be on the second story and will in no way limit secondary septic drainfield options, as soil borings have determined the proposed locations of the additions are not suitable for septic area.
8) That the proposed variance will not alter the essential character of the locality in which the property in question is located. Specific findings: The house is currently smaller than
surrounding homes, and so the expansion of the home will in fact cause the home to
conform closer to the essential character of the locality.
9) That the proposed variance will not impair an adequate supply of light and air to properties adjacent to the property in question or substantially increase the congestion of the public streets or substantially diminish or impair property values within the neighborhood.
Specific findings: The proposed addition will not encroach further to the required setback from the Ordinary High Water Level, thus not impairing views of the lake. Surrounding
Resolution 2017- 3
homes appear to be larger than the subject property, and so supply of air and light will not be affected with the addition. CONCLUSIONS AND DECISION
Based on the foregoing, the Applicant’s application for a Variance is granted, subject to the following conditions. 1) That the applicant remove the existing gravel driveway and re-sod the area as shown on the
proposed site plan. 2) That the maximum allowable impervious surface coverage on the property shall not exceed the proposed 25%. 3) That the Applicant obtain all applicable and required permits.
Passed and duly adopted this 17th day of October 2017 by the City Council of the City of Lake Elmo, Minnesota.
__________________________________ Mike Pearson, Mayor ATTEST:
________________________________ Julie Johnson, City Clerk