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Home My WebLink About2020-07-27 PACKET 06.1.STAFF REPORT CASE: V2020-039 ITEM: 6.1 PUBLIC MEETING DATE: 7/27/20 TENTATIVE COUNCIL REVIEW DATE: 8/5/20 APPLICATION APPLICANT: Tara and Jeremy Woerner REQUEST: A variance to setback requirements for a subsurface sewage treatment system to allow a septic system to be closer than 150 feet from the normal high water mark within the Mississippi River Critical Area. SITE DATA LOCATION: ZONING: GUIDED LAND USE: 7981 River Acres Road South R-3, Single Family Residential Low Density Residential LAND USE OF ADJACENT PROPERTIES: CURRENT GUIDED NORTH: Residential Low Density Residential EAST: Residential Low Density Residential SOUTH: Mississippi River Mississippi River WEST: Residential Low Density Residential SIZE: N/A DENSITY: N/A RECOMMENDATION Approval, based on the findings of fact and subject to the conditions stipulated in this staff report. Cottage Grove COTTAGE GROVE PLANNING DIVISION � here Pride and Prosperity Meet Planning Staff Contact: Bria Raines, Planning Intern; 651-458-2860; braines _cottagegrovemn.gov Application Accepted:. 7/1/2020 60 -Day Review Deadline: 8/30/2020 City of Cottage Grove Planning Division • 12800 Ravine Parkway South • Cottage Grove, MN 55016 Planning Staff Report Woerner Septic Setback Variances Planning Case No. V20-039 July 27, 2020 Proposal Tara and Jeremy Woerner have applied for variances to allow for an additional septic tank and the replacement of the existing wastewater dispersal system at 7981 River Acres Road. The site has two existing septic tanks and one trench wastewater dispersal system. The variances are required to meet the minimum setback of 150 feet for septic infrastructure within the Mississippi River Corridor Critical Area. 7675 7755 7801 r985 7825 7873 7893 7903 7998 8000 80d 8011 7653 7987 7675 RkVFRA�:F' 7873 7981 7987 7993 7995 8001 Location Map Review Process Application Received: June 29, 2020 Acceptance of Completed Application: June 29, 2020 Planning Commission Date: July 27, 2020 Tentative City Council Date: August 5, 2020 60 -Day Review Deadline: August 28, 2020 Ordinance Requirements The property lies within the Mississippi National River and Recreation Area (MNRRA) as well as the Critical Area. This national overlay designation currently relies on the established criteria for the Critical Area as a policy compliance tool. As required by City and County Codes, "all parts of an on- site sewage disposal system shall be located at least one hundred fifty feet (150') from the ordinary high-water mark and from bluff lines" (City Code Title 11-15-8-F2). Planning Staff Report — Woerner Septic Setback Variances Planning Case V2020-039 July 27, 2020 Page 2 of 6 Critical Area Map Property Characteristics The property is located along the Mississippi River, south of River Acres Road. WELL EXISTING TRENCHES *< EXISTING TANKS s A Existing Site When the house was constructed in 1970, setback rules and regulations may have been less restrictive. No septic records could be located documenting the initial installation of the system. Public and municipal sewage are not available at the property; on-site sewage disposal is Planning Staff Report — Woerner Septic Setback Variances Planning Case V2020-039 July 27, 2020 Page 3 of 6 required. The property has two existing sewage tanks, both 50 feet from the Mississippi River water line, and an existing absorption area. Planning Considerations Septic System Setback Variance The existing septic tanks are setback 50 feet from the tributary river/stream. The proposed tank will be at approximately the same setback as the existing tanks. The mound soil treatment area will be 100 feet from the tributary and set behind the 100 -year floodplain. The Mississippi River Corridor Critical Area ordinance states, "any premises intended for human occupancy must be provided with an adequate method of sewage disposal. Public or Municipal collection and treatment facilities must be used where available and where feasible. Where public or Municipal facilities are not available, all on-site individual sewage disposal systems shall con- form to the minimum standards as set forth in the standards of WPC -40 as interpreted by the State Pollution Control Agency and the on-site system management provisions set forth in the Compre- hensive Plan" (City Code Title11-15-8F). The lot size and topography create a practical difficulty that was not created by the property owner to install a new septic system with the 150 -foot setback. The applicants are requesting two setback variances for components of the new septic system: 1. A variance for the existing and proposed septic tanks to be located 50 feet from the Ordinary High Water Level (OHWL), where 100 feet is required. 2. A variance for the mound soil treatment area to be located approximately 100 feet from the OHWL, where 150 feet is required. RIVER ACRES ROAD SOUTH VVELL PROppsr p j sor, More— Proposed Site Plan Planning Staff Report — Woerner Septic Setback Variances Planning Case V2020-039 July 27, 2020 Page 4 of 6 DNR Review The DNR had no comment related to this variance request. Washington County The County requested additional requirements from the septic system designer, which have been included in the current design. The County has no other comments related to the request. Ordinance Criteria City Code Title 11-2-7: Variances Sections A and D states that: A. Authority And Purpose: The council may grant variances from the strict application of the pro- visions of this title and impose conditions and safeguards in the variances so granted in cases where there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this title. D. Consideration By Planning Commission; Recommendation: Before authorization of any vari- ances, the request therefor shall be referred to the planning commission, and for its recom- mendation to the city council for the granting of such variance from the strict application of the provisions of this title so as to relieve such practical difficulties to the degree considered rea- sonable without impairing the intent and purpose of this title and the comprehensive plan. The planning commission shall recommend such conditions related to the variance, regarding the location, character and other features of the proposed building, structure or use, as it may deem advisable. The planning commission shall make its recommendation within sixty (60) days after the request is referred to it, unless the applicant requests, in writing, that an exten- sion of time for review be granted by the planning commission. The planning commission may recommend a variance from the strict application of the provi- sion of this title, if they find that: 1. The variance is in harmony with the purposes and intent of this title. 2. The variance is consistent with the comprehensive plan. 3. The proposal puts the property to a reasonable use. 4. There are unique circumstances to the property not created by the landowner. 5. That the conditions upon which an application for a variance is based are unique to the parcel of land for which the variance is sought and are not applicable, generally, to other property within the same zoning classification. 6. That the purpose of the variance is not based exclusively upon a financial hardship. 7. That the granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. 8. That 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. Additionally, City Code Title 11-15-16(132) states that: Planning Staff Report — Woerner Septic Setback Variances Planning Case V2020-039 July 27, 2020 Page 5 of 6 When considering a proposal for a variance or other applications within the Mississippi River Corridor Critical Area, the Planning Commission and City Council shall address the following items in making their decision: a. Preserving the scenic and recreational resources of the river corridor, especially in regard to the view from and use of the river. b. The maintenance of safe and healthful conditions. c. The prevention and control of water pollution, including sedimentation. d. The location of the site with respect to floodways, flood plains, slopes and bluff lines. e. The erosion potential of the site based on degree and direction of slope, soil type and vegetative cover. f. Potential impact on game and fish habitat. g. Location of the site with respect to existing or future access roads. h. The amount of wastes to be generated and the adequacy of the proposed disposal systems. i. The anticipated demand for police, fire, medical and school services and facilities. f The compatibility of the proposed development with uses on adjacent land." The applicant's response to the variance ordinance criteria is attached. Public Hearing Notice The public hearing notice was mailed to 12 properties within 500 feet of the subject property and published in the Pioneer Press on July 15, 2020. Findings The findings of fact for a favorable recommendation of the location variance request are as follows: A. The ordinance allows on-site sewage disposal when public or municipal facilities are not available. The disposal system is allowed outside of floodplain areas. B. The applicant's property is .55 acres and does not have the needed lot depth to conform to the existing setback requirements. C. There is an existing sewage system located within the 150 -foot setback where the proposed tank will be placed next to. D. The applicant is proposing to utilize the property in a reasonable manner by constructing a septic tank and drain field within a single-family residential property. E. The property consists of unique circumstances not created by the property owners. Planning Staff Report — Woerner Septic Setback Variances Planning Case V2020-039 July 27, 2020 Page 6 of 6 Recommendation Based on the findings of fact, staff recommends that the Planning Commission approve the variances to allow an additional septic tank to be setback 50 feet from the ordinary high water level (OHWL) and to allow a mound soil treatment area to be 100 feet from the ordinary high- water level at 7981 River Acres Road South, subject to the following conditions: 1. An erosion control plan and grading plan must be submitted and approved by the City Engineer. 2. The approved septic tanks shall be measured from an elevation of 688.8 feet (the ordi- nary high-water level confirmed by DNR). 3. The septic system shall comply with all Washington County codes, and all required inspections and approvals should be conducted. 4. The treatment and dispersal processes must prevent sewage or sewage effluent contact with humans, insects, or vermin and must be in a safe manner that adequately protects from physical injury or harm. 5. The soil treatment and disposal system may not be located within the floodplain. Prepared by: Bria Raines Planning Intern Attachments: Site Plan Variance Handout Written Narrative ELEVATIONS Benchmark -100.01 - Threshold of Garage Door Existing Tanks 1,250 Septic Tank - I.E. - 93.5' (2.5' bury) 1,000 Pump/Septic Tank - I.E. - 93.1' New Tank 1,000 Pump Tank - I.E. - 92.8' "Max Bury all Tanks 4' deep" SOIL BORINGS & PITS SB1 - 102.3' SB2 -100.6- SB3 - 101.4' SP1 - 102.5' Limiting Layer Depth - 34" MOUND STA NW -102.3' NE- 102.5' SW -100.6' SE- 101.4' MOUND DIMENSIONS Rockbed - 10' x 37.5' Absorption Bed - 10' x 37.5' Total Mound - 38.4' x 64.5' Mound Slope Ratio - 3:1 Upslope Elev. - 101.8' (dig to elev.) Min: Sand Height - 12" @ 102.8' Rockbed Laterals Elev. - 103.8' Height @ Crown Elev. - 105.3' LATERALS 3 - Laterals @ 35.5' of 1-1/2" SCH40 Spacing - 3' Drilled Holes - 3/16" SUPPLY LINES 3' - 4" Sewer Line to Septic Tanks 50' - 2" Supply Line to Mound 7981 River Acres Rd, Cottage Grove C) Kloeppner Services & Designs, LLC NOTES: KSD Lic#4043 Tren h�sLa��' de Moues RIVE_R_A_CRES RD S ' NBENCHMARK= ONLY ESTIMATES ,//!1— AS -BUILT WILL NEED TO BE PROVIDED BY - _ — — — _ — —Digto INSTALLER AFTER CONSTRUCTION Date - 100/2^2//119 Threshold" / SBI 101.8' G arage Door / Dig to 101.8' ,I �0p"Y aesoaPnomaes„ 15'0" F�OOpia' .. A 200 I BERM I IR 50'-2"SCH40 PIPE 100 I I Y°ar FSO Naw Existing I 1,000 1,2500 Tank C I Tank I O Existing1,000To, k - "Convert to Septic Tank" � Q r Proposed Loreto, of Tank Installer may choosaa different lora eon"' I CD I I I 690 I I I I 200 I I C) Kloeppner Services & Designs, LLC NOTES: KSD Lic#4043 THIS IS ONLY A SITE PLAN ALL SEPTIC LOCATIONS AND MEASUREMENTS ARE Approved by: Jesse Kloeppner ONLY ESTIMATES ,//!1— AS -BUILT WILL NEED TO BE PROVIDED BY %�l/ INSTALLER AFTER CONSTRUCTION Date - 100/2^2//119 CONSTRUCTION & PUMPER ACCESS — — — — — — — — — — — — — — — — — — — — — — — 17 1:500 0 20 40 80 ft 0 5 10 20 m NORTH Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search, appraisal, survey, or for zoning verification. Cottage Community Development Department Planning Division I Grove 12800 Ravine Parkway South Telephone: 651-458-2827 erity Meet Cottage Grove, MN 55016 Fax: 651-458-2897 y'he' Pride anderpSQ www.cottagegrovemn.gov E -Mail: cg plan ninq(cDcottagegrovemn.qov VARIANCE APPLICATION — RESPONSE TO ORDINANCE CRITERIA The Planning Commission and City Council may recommend a variance from the strict application of the zoning ordinance, if they find that your application meets the findings below. Please provide a DETAILED response to all of the following findings: 1. The variance is in harmony with the purposes and intent of this title. Please circle: Yes ✓ No LJ 2. The variance is consistent with the comprehensive plan. Please circle: Yes✓❑ No 3. The proposal puts the property to a reasonable use. Please explain. The proposal will be utilize the space available to build a septic system which will treat the wastewater prior to reentering the ground water. The required setback from neighboring properties of 10 feet will be observed. The existing non-compliant trench dispersal bed will be replaced with an above ground dispersal bed with additional septic tank and pump to equally pressurize the dispersal bed for optimal treatment. 4. There are unique circumstances to the property not created by the landowner. Please identify these circumstances. The small lot and failed existing septic system require a new solution. The existing failed septic system uses most of the available land space and the new location for the dispersal cannot be designed to be within 150' of the Mississippi River Tributary. 5. The conditions upon which an application for a variance is based are unique to the parcel of land for which the variance is sought and are not applicable, generally to other property within the same zoning classifications. Please list the conditions that are unique. The small lot does not provide enough space for a standard Type I septic system. The floodplain and the 150' setback from the Tributary were not originally observed during construction of the dwelling. There is no reasonable location beyond the floodplain for all the components of the septic system. 6. The purpose of the variance is not based exclusively upon a financial hardship. Please circle: Yes ✓ No 7. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. Please circle: Yes 0✓ NoE:1 8. 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. Please identify any potential impact the requested variance may have. The potential danger to impact from flooding of the river tributary is mitigated with water -tight tanks, backflow check valves, high level water alarms and shut-off valves to stop the flow of sewage into the system in the event of flooding. Economic hardship is not regarded by the Courts as a reason for approval. Neighborhood support or opposition, without any basis of facts, is not regarded by the Courts as reason for either approval or denial. Applicant Name: Tara Woerner Case #: revised form 8/2019 KLOEPPNER SERVICES & DESIGN, LLC 0 1036 Glenhill Road, Shoreview, MN 55126 KS D (763) 843-4114 1 www.ksd-mn.com Your water. Our neighbors. MPCA Lic # L4043 — Cert # C8188 June 29, 2020 City of Cottage Grove Community Development Department Planning Division 12800 Ravine Parkway South Cottage Grove, MN 55016 Subject: Variance for Zoning Setback Requirements of New Septic System at 7981 River Acres Rd, Cottage Grove, MN 55016 Dear City Planner Manager: A new septic system has been designed and proposed for Tara & Jeremy Woerner's property at 7981 River Acres Rd, Cottage Grove, MN 55016 to provide a Compliant Subsurface Sewage Treatment System (SSTS). The location of the septic tanks and dispersal area (mound) will not meet the zoning ordinance of 150' from the Tributary flowing into Mississippi River along the Southern edge of the property. The lot size and topography create a practical difficulty for the purposed the SSTS and no reasonable alternate SSTS can be built for this lot. The new SSTS does not meet the following ordinance statutes from Washington County Development Code, CHAPTER FOUR, SUBSURFACE SEWAGE TREATMENT, SYSTEM REGULATIONS, ORDINANCE NO. 206: • SECTION 16. TREATMENT AND DISPERSAL; 16.2 General Technical Requirements for All Systems, (6) SSTS components must be setback in accordance with Table V. Sewage Tank & Soil Treatment and Dispersal Area must have a Minimum Setback Distance of 150 feet from Tributary Rivers/Streams The practical difficulty is the 150' setback does not provide enough space for three septic tanks and a 450 sqft area for the soil treatment and dispersal area. The requested variances are as follows: 1. A variance is needed for the Septic Tanks of 100.0' from the Stream/Tributary. The tanks are 50.0' from the OHWL of the Stream/Tributary. 2. A variance is needed for the Mound Soil Treatment Area of 50.0' from the Stream/Tributary. The tanks are 100.0' from the OHWL of the Stream/Tributary. South Washington Watershed District and Washington County Department of Public Health & Environment have been notified of the proposed plans requested Variance. Sincerely, Jesse Kloeppner Kloeppner Services & Designs, LLC www.ksd-mn.com (763) 843-4114 KLOEPPNER SERVICES & DESIGN, LLC 0 1036 Glenhill Road, Shoreview, MN 55126 KS D (763) 843-4114 1 www.ksd-mn.com Your water. Our neighbors. MPCA Lic # L4043 — Cert # C8188 Cc: Tara Woerner & Jeremy Woerner South Washington Watershed District Washington County Department of Public Health & Environment Kloeppner Services & Designs, LLC www.ksd-mn.com (763) 843-4114