HomeMy WebLinkAboutPC Staff Report 11-14-22STAFF REPORT
Date: 11/14/22
regular
Item#: 4a – Public Hearing
motion
TO: Planning Commission
FROM: Ben Hetzel, Lake Elmo City Planner
AGENDA ITEM: 8265 Hidden Bay Trail N Variance
REVIEWED BY: Ben Hetzel, City Planner
INTRODUCTION:
David Kranz (Applicant) on behalf of Vonda Brown (Owner) recently submitted a variance application to install a replacement sewage treatment system within 75 feet of a delineated wetland
boundary located at 8265 Hidden Bay Trail N, parcel 09.029.21.31.0025 (Subject Property). The replacement sewage treatment system is required to complete a sale of the property.
The proposal is to construct a mound septic system to replace the existing failing septic system that was installed in 1963. To do this, the applicant is proposing to install a 10 foot
by 45 foot rock bed mound system, corresponding absorption area, and three tanks. The three tanks would be located outside of the required 75 foot wetland setback. A wetland delineation
was completed on September 10, 2022 to identify the appropriate wetland boundary. These components would be installed within 75 feet of the wetland:
Rock Bed: 60 feet
Absorption Area: 48.3 feet
ISSUE BEFORE PLANNING COMMISSION:
The Planning Commission is being asked to hold a public hearing, review, and make a recommendation on the request to install a sewage treatment system within 75 feet of a wetland.
VARIANCE REQUEST DETAILS/ANALYSIS:
Address:
8265 Hidden Bay Trail N
PID:
09.029.21.31.0025
Lot Area:
1.1 acres
Existing Zoning:
Rural Single Family, Valley Branch Watershed District,
Shoreland Management Overlay District
Surrounding Zoning:
Rural Single Family
Deadline for Action:
Application Complete – 10/6/2022
60 Day Deadline – 12/6/2022
Extension Letter Mailed – N/A
120 Day Deadline – N/A
Applicable Regulations:
Article V - Zoning Administration and Enforcement
Article XI- Wetland Protection and Preservation Overlay District
Article XIX Shoreland Management Overlay District
Reason for Request
The applicant and septic system designer have indicated that the proposed component locations are the only viable options for this property. The land further north, closer to the home
consists of steep slopes, which cannot accommodate a mound system. The area along the east property line is also not suitable because of an existing drainage way. Staff have visited
the site and verified these conditions. Suitable system area is limited to the proposed location.
Section 105.04.520(5)b. states that no part of any septic tank system or of another sewage disposal requiring on-land or in-the-ground disposal of waste shall be located closer than
75 feet from the edge of a wetland.
Shoreland
The subject property is located within a Shoreland Management Overlay District because it is within 1,000 feet of Lake Olson. The City code also requires a 75 foot setback from public
waters governed by the Shoreland code. The proposed septic location is approximately 320 feet from the closest point of Lake Olson. The proposed system is located within 48 feet of
the wetland of Deer Pond. Deer Pond is not a water body governed by the City’s Shoreland regulations according to Table 17-1 of Section 105.12.1260.
CITY AGENCY REVIEW:
This request was distributed to several city departments for review on October 17, 2022. The following departments provided comments on the variance request.
Valley Branch Watershed District (Email)
The proposed system location is above the 100-year flood level of Deer Pond. No Valley Branch Watershed permit is required.
City Engineer (Email)
The system must be at least 10 feet from the nearest property line.
REVIEW AND ANALYSIS/DRAFT FINDINGS:
An applicant must establish and demonstrate compliance with the variance criteria set forth in Lake Elmo City Code Section 105.12.320 set forth by the MN Stat. 462.357 subd.6 before
the City may grant an exception or modification to city code requirements. These criteria are listed below, along with comments from Staff about the applicability of these criteria
to the applicant’s request.
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:
Strict enforcement of the code would create an inability to properly dispose of domestic wastewater. The existing topography and well location leave a limited amount of area for a replacement
sewage treatment system. The proposed system area is the only practical location. Granting a variance would allow the applicant to use the property in a reasonable manner as there
is no public sewer service available at this location.
Unique Circumstances. The plight of the landowner is due to circumstances unique to the property not created by the landowner.
FINDINGS:
The property owners are not responsible for the challenging topography and existing well location. The system cannot be shifted further north due to 30 percent slopes or further east
due to an existing drainage way. Areas north of the home have limited space and are within the required setback from the existing private well. The system designer has indicated there
are no other viable locations.
Character of Locality. The proposed variance will not alter the essential character of the locality in which the property in question is located.
FINDINGS:
The proposed sewage treatment system would not alter the essential character of the neighborhood. The proposed mound system would be located in the rear yard in an area with mature
trees providing screening. Upon installation, the applicant will be required to establish vegetative cover prevent erosion and make the mound system more inconspicuous. Surrounding
residential properties also have private sewage treatment systems due to public sewer service not being available to the area.
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:
The proposed request will have no effect on the supply of light and air to adjacent properties or increase congestion in the public streets. Property values should not be diminished
from the request. Adjacent residential properties in the area are to be served by similar private or community wastewater treatment systems. It is in the best interest of the adjacent
properties for the subject property to have a replacement sewage treatment system installed to avoid sewage smells in the event of a full failure of the existing sewage treatment system.
PUBLIC COMMENT:
A hearing notice was sent to surrounding properties on November 2, 2022. A hearing notice was published in the local newspaper on November 4, 2022. Staff have received two public
comments via email. One public comment was in support of the request and one was against the request.
FISCAL IMPACT:
None
OPTIONS:
The Planning Commission may:
Recommend approval of the variance.
Recommend approval of the variance with conditions.
Recommend denial of the variance, citing recommended findings of fact for denial.
RECOMMENDATION:
Staff recommends that the Planning Commission recommend approval of the request from David Kranz for a variance to install a sewage treatment system and septic tanks within 75 feet of
a delineated wetland boundary.
“Move to recommend approval of a variance to install a sewage treatment system within 75 feet of a delineated wetland boundary at 8265 Hidden Bay Trail N.”
RECOMMENDED CONDITIONS OF APPROVAL
The wetland must be fully protected by dual silt fence prior to the installation of the sewage treatment system.
The mound system and all disturbed areas must be seeded and mulched immediately following sewage treatment system installation.
The existing sewage treatment system and tanks must be properly abandoned.
The applicant must obtain all other necessary City, State, County, and other governing body permits and approvals before the commencement of any construction activity onsite. These
include, but not limited to, a Washington County Subsurface Sewage Treatment System permit.
This variance approval is for a reduced wetland setback in the proposed component locations as per the revised site survey dated October 18, 2022. Any deviation in system component
locations would require approval from the City of Lake Elmo.
This variance approval shall become void if the sewage treatment system and tanks have not been installed within 12 months of the City’s approval.
ATTACHMENTS:
Land Use Application
Written Statements
Alex Pepin Emails
Location Map
Certified Survey
Site Photos
Wetland Delineation Report
Valley Branch Watershed District email
City Engineer Email
Public Comment