HomeMy WebLinkAbout2021-09-27 PACKET 06.1.STAFF REPORT CASE: V2021-046
ITEM: 6.1
PUBLIC MEETING DATE: 9/27/21 TENTATIVE COUNCIL REVIEW DATE: 10/20/21
APPLICATION
APPLICANT: Titan Property Ventures, LLC
REQUEST: A variance to setback requirements for a subsurface sewage treatment
system to allow a septic system at 8401 River Acres Road South to be
closer than 150 feet from the normal high-water mark within the
Mississippi River Corridor Critical Area.
SITE DATA
LOCATION:
ZONING:
GUIDED LAND USE:
8401 River Acres Road South
R-4, Low Density Residential
Low Density Residential
LAND USE OF ADJACENT PROPERTIES: CURRENT GUIDED
NORTH: Rural Residential Low Density Res.
EAST: Rural Residential Trans Planning Area
SOUTH: Mississippi River Mississippi River
WEST: Rural Residential Low Density Res.
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: Mike Mrosla, Senior Planner; 651-458-2825; mmrosla(c-)_cottagegrovemn.gov
Application Accepted:. 9/15/2021 60-Day Review Deadline: 11/14/2021
City of Cottage Grove Planning Division • 12800 Ravine Parkway South • Cottage Grove, MN 55016
Planning Staff Report
8401 River Acres Road — OHWL Setback Variance
Planning Case No. V21-068
September 27, 2021
Proposal
Titan Property Ventures, LLC has submitted an application for a variance at 8401 River Acres
Road South. The Applicant is requesting a variance to replace an existing wastewater disposal
system. The proposed variance is required to meet the minimum setback of 150 feet for septic
infrastructure within the Mississippi River Corridor Critical Area (MRCCA).
Location map
Review Process
Application Received: September 14, 2021
Acceptance of Completed Application: September 15, 2021
Planning Commission Date: September 27, 2021
Tentative City Council Date: October 20, 2021
60-Day Review Deadline: November 14, 2021
Planning Staff Report — 8401 River Acres Road Septic Setback Variance
Planning Case V2021-068
September 27, 2021
Page 2 of 6
Property Characteristics
The subject parcel is uniquely shaped and is located adjacent to the Mississippi River, south of
River Acres Road and the railroad tracks. The majority of the site is wooded with a gradual
slope towards the river with no steep slopes or bluffs.
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Existing Site
Previous Approvals
At its July 21, 2021, meeting the City Council approved a variance allowing the Applicant to
construct an addition to the existing principal structure. As previously mentioned, the subject
parcel is uniquely shaped and because of that it restricts the buildability on the lot. The ap-
proved variance permitted the Applicant to construct an addition at the same setback as the
principal structure to the Ordinary High -Water Level (OWHL), which is 65 feet.
Planning Considerations
Ordinance Requirements
The property is zoned R-4, Low Density Residential District, and is within the MRCCA overlay dis-
trict. The current MRCCA ordinance requires "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 level and from
bluff lines" (City Code Title 11-15-8-F2). The subject parcel at its widest is approximately 175 feet
and the existing drainage field meets the setback standards.
Planning Staff Report — 8401 River Acres Road Septic Setback Variance
Planning Case V2021-068
September 27, 2021
Page 3 of 6
Parcel Width Exhibit
Variance — Setback
The proposed replacement wastewater dispersal system will need to be in a different location than
the existing field onsite. Due to the site constraints, the Applicant is requesting a variance to locate
the proposed wastewater dispersal system 75 feet (Attachment A) from the OHWL (688 feet) of the
Mississippi River instead of the 150 feet required by ordinance. The proposed location is located
outside of the 100-year floodplain (Attachment B).
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Site Plan
In 2017 the DNR updated the MRCCA ordinance and provided draft language to cities along the
Mississippi River Critical Corridor Area. The MRCCA rules were established to protect the
Corridor's natural, cultural, and scenic resources. As part of the City's adopted 2040 Compre-
Planning Staff Report — 8401 River Acres Road Septic Setback Variance
Planning Case V2021-068
September 27, 2021
Page 4 of 6
hensive Plan, the City is required to adopt the new ordinance. The City is planning to adopt the
new ordinance by the end of 2021. The subject parcel is located within the newly created River
Neighborhood (RN) District. The intent of this district is to maintain and manage existing resi-
dential neighborhoods visible from the river. The new standards allow for subsurface sewage
treatment systems, including the septic tank and absorption area, to be located a minimum of 75
feet from the OHWL of the Mississippi River and all other public waters.
MRCCA Districts
CA -River Neighborhood (RN)
CA -Rural Open Space (ROS)
■ CA•River Town Crossings (RTC)
CA -Separated From River (SR)
CA -Urban Care (UC)
CA -Urban Mixed (UM)
MRCCA District
DNR Review
The plans were submitted to the Minnesota DNR on September 21, 2021. The DNR notified
staff on September 22, 2021 that they found the submitted plans consistent with the MRCCA
standards and had no additional comments.
Public Hearing Notice
The public hearing notice was mailed to 17 properties within 500 feet of the subject property and
published in the St Paul Pioneer Press on September 17, 2021.
Variance Requests
With all variance requests, the Planning Commission and City Council must look to the zoning
ordinance for guidance and direction. 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-
Planning Staff Report — 8401 River Acres Road Septic Setback Variance
Planning Case V2021-068
September 27, 2021
Page 5 of 6
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.
In addition, the existing MRCCA ordinance within the City Code allows for a variance review per
City Code Title 11-15-16B(2):
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.
Planning Staff Report — 8401 River Acres Road Septic Setback Variance
Planning Case V2021-068
September 27, 2021
Page 6 of 6
Findings
The findings of fact for a favorable recommendation of the location variance request are as follows:
A. 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 is proposing to utilize the property in a reasonable manner by constructing a
septic tank and drain field within a single-family residential property.
C. There is an existing legal non -conforming principal structure on the site.
D. Due to site constraints not created by the property owner, the site does not have the needed
lot depth to conform to the existing setback requirements.
E. The ordinance is in the process of being amended to allow for subsurface sewage treatment
systems, including the septic tank pressure bed and absorption area, to be located a minimum
of 75 feet from the OHWL of the Mississippi River and all other public waters.
Recommendation
Based on the findings of fact, staff recommends that the Planning Commission approve the var-
iance to allow an additional septic tank and pressure bed to be setback 75 feet from the ordinary
high water level (OHWL) at 8401 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 in-
spections 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:
Mike Mrosla
Senior Planner
Attachments:
Septic Designs Plan
FEMA Floodplain Map
ALL STATE SEPTIC SERVICES, LLC
12155 Norell Ave N Stillwater, MN 55082
Office 651-439-7323
Cell 612-594-4496
Septic System Design For:
8401 River Acres Rd S
Cottage Grove, MN 55016
April 4, 2021
• Pressure Bed Septic System Spec Sheet
• Site plan
• Fema Flood Map
• Design Summary
• Preliminary Evaluation Worksheet
• Field Evaluation Worksheet
• Bed Design Worksheet
• Table IX, Loading Rates
• Pressure Distribution Worksheet
• Pump Tank Worksheet
• Minnesota Precast Tank Specs
• Basic Pump Selection Worksheet
• Goulds Water Technology Pump Specs
• Soil Observation Logs
• Web Soil Survey, Map Unit Description
• Web Soil Surveys, Soil Map
• Washington County/DNR; Waterbody Classification
• Washington County Shoreland Structure and Sewer Setback.
• SSTS Abandonment Reporting Form
• Polylok Effluent Filter Specs
• Management Plan
Pressure Bed Septic System Specifications
8401 River Acres Rd S Cottage Grove, MN 55016
PID 33.027.21.24.0036
April 4, 2021
General:
1. This plan is designed to replace the existing system.
2. A separate installation permit is required from Washington County.
3. This design is subject to review, approval and inspections as required by the County.
4. This is not a survey; a survey may be required to verify the property lines and setbacks.
5. The benchmark is 100.0 at the deck.
6. The drainfield area should be protected from traffic with a fence or other type of barrier.
7. All elevations and dimensions are subject to contractor verification.
8. The property owner must disclose all wells within 100 feet.
9. Call Gopher State One Call to locate existing utilities before digging.
10. Contractor shall coordinate access to the property and restoration with the owner.
Tanks:
1. Examine the existing sewer line. Replace or repair as needed.
2. Pump, disconnect and abandon the existing tank and drainfield.
3. Install 1500 gallon and a 1000 gallon septic: tanks with risers, manhole covers, insulation and an effluent
filter with visual and audible alarms.
4. Install a 1000 gallon pump tank with risers, manhole cover insulation to meet code.
5. In the pump tank, install a Goulds WE31 effluent: pump (or equivalent).
6. Tank locations can vary to save trees, etc. Tanks must meet the following setbacks:
• 75' from the OHWL of the Mississippi River
• 10' from occupied structures.
• 10' from property lines.
• 10' from buried water supply lines under pressure.
• 50' from deep wells, 100' from shallow well.
7. Because this is an existing house, the new tank can exceed the 4' max depth limit to maintain gravity.
Pressure Bed Drainfield:
1. Install a 2" pump line from the pump tank to the new drainfield as shown on the site plan.
2. Install a 16 X 37.5 pressure bed drainfield with 6" rock as shown on the site plan. The bottom of the
pressure bed will be max 30" deep at -the NE corner.
3. Install 5 1.5"laterals, 35.5' long, 3' OC with 3/16 perfs 3' OC
4. Install cleanouts at the end of each lateral.
5. Backfill and cover with topsoil and crown to allow for settling.
6. Complete grading as needed to divert runoff.
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B-3 (limiting layer 66" 94.7)
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99.0
Approx inlet of 1st septic tank
96.0
Approx outlet of 2nd tank
95.0
Approx pump elevation
91.0
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Design Summary Page m C N CONTROL
A POLLUTION
CONTROL AGENCY
1. PROJECT INFORMATION v 04.01.2020
Property Owner/Client: Jason Gamache Project ID:
Site Address; 8401 River Acres RdS, Cottage Grove, MN 55016 Date: 04/04/2�
Email Address: iasonCa�incentiverealt my n.coin Phone: 612-804-8132
2. DESIGN FLOW Et WASTE STRENGTH Attach data/estirnatebasnforOtherEstabihhments
Design Flow: 600 ]GPD Anticipated Waste Type: Residential
BOD: <170 ]mg/L TSS: <60 mg/L Oil Et Grease: <25 mg/L
Treatment Level:I (.]SeiectTreatmentLeveiCforresidentiaiseptictankeffluent
3. HOLDING TANK SIZING
Minimum Capacity: Residential =400 gal/bedroom, Other Establishment = Design Flow x 5.0, Minimum size 1000 gallons
Code Minimum Holding Tank Capacity: ]Gallons in Tanks or Compartments
Recommended Holding Tank Capacity: ]Gallons in Tanks or Compartments
Type of High Level Alarm: (Set 9 75% tank capacity)
Comments:
4. SEPTIC TANK SIZING
A.
B.
.............
Residential dwellings:
Number of Bedrooms (Residential): �]
Code Minimum Septic Tank Capacity: 2500 ]Gallons inTanks or Compartments
Recommended Septic Tank Capacity: 2500 ]Gallons in Tanks or Compartments
Effluent Screen Ft Alarm (YIN): Yes ] Model/Type: PL625
............. ............................................... ............................................ ......................................... .....................................................................................................
..:.......:::.::
Other Establishments:
Waste received by: GPD x ®Days Hyd. Retention Time
Code Minimum Septic Tank Capacity: C]Gallons In Tanks or Compartments
Recommended Septic Tank Capacity: ]Gallons In Tanks or Compartments
Effluent Screen Ft Alarm (YIN): ] Model/Type:
,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,;
PUMP TANK SIZING
Pump Tank 1 Capacity (Minimum): 600 ]Gal
Pump Tank 1 Capacity (Recommended): 1000 ]Gal
Pump 1 25.0 GPM Total Head 13.9 ]ft
Supply Pipe Dia. 2.00 in Dose Vol: 58.0 ]gal
Pump Tank 2 Capacity (Minimum): Gal
Pump Tank 2 Capacity (Recommended): ]Gal
Pump 2GPM Total Head 1ft
Supply Pipe Dia. = Dose Vol: =Gal
t
�4-
Design Sumimary Page
AMINNESOTA OLLUTION
CONTROL AGENCY
6. SYSTEM AND DISTRIBUTION TYPE
Project ID:
Soil Treatment Type: Bed
Distribution Type: Pressure Distribution -Level
Elevation Benchmark: 100 ft Benchmark Location: deck
MPCA System Type: Type I Distribution Media: Rock
Type III/IV Details: F-7—
_�
7. SITE EVALUATION SU f RY:
....................................................................................................................................................................................................................................................................................
Describe Limiting Condition: Depth of Observation
Layers with >35% Rock Fragments? (yes/no) FT01 If
yes, describe below: % rock and layer thickness, amount of
soil credit and any additional information for addressing the
rock fragments in this design.
Note:
Depth Depth
Limiting Condition: 66 inches 5.57''ft
Elevation of Limiting Condition
94.80 ft
Minimum Req'd Separation: 36 inches 3.0
ft 01tica/for system comp/fiance
Elevation
Code Max System Depth: 30 inches C]
ft 97.80 ft
This is the maximim um depth to the bottom of the distribution media for re4uirecl seFaration. Negative Depth Sft� means it m ust be a mound:
Soil Texture: F Loamy Sand
Soil Hyd. Loading Rate: 1.00 GPD/ft2
Percolation Rate: .1-5 MID
Contour Loading Rate: 12 Note:l_
Measured Land Slope: 3.0 % Note:l_
Comments
8. SOIL TREATMENT AREA DESIGN SUMMARY
Trench: �
Dispersal Areaft2 Sidewal.l Depth
in Trench Widthft
Total Lineal Feetft No. of Trenches
Code Max. Trench Depthin
Contour Loading Rateft Lengthl_
ft Designed Trench Depth=in
Bed: Dispersal Area 600 ft2 Sidewal.l Depth
in Maximum Bed Depth 30.0 in
Bed Width 16 ft Bed Length I_
37.5 ft Designed Bed Depth 30.0 in
Mound: Dispersal Areaft2 Bed Length
ft Bed Widthft
Absorption Width ft Clean Sand Lift
ft Berm Width (0-1%) ft
Upslope Berm Widthft Downslope Berm
ft Endslope Berm Widthft
Total System Lengthft System Width I_=ft
Contour Loading Rate=gal/ft
Project ID:
At -Grade.
Design Slamimiary Page
MINNESOTA POLLUTION
CONTROL AGENCY
Bed WidthC �ft Bed Length�ft Finished Height]ft
Contour Loading Rate[—gal/ft Upslope Bermft Downslope Berm]ft
Endslope Berm�ft System LengthE=ft System Width]ft
Level Et Equal Pressure Distribution
No. of Laterals[ 5 Perforation Spacing ft Perforation Diameter 3/16 in
Lateral Diameter[ 1.50::]in Min Dose Volume E 78 gal Max Dose Volume 150 ]gal
Non -Level and
Lateral 1
Lateral 2
Lateral 3
Lateral 4
Lateral 5
Lateral 6
Unequal
Pressure Distribution
Minimum Dose
Volume
�l gal
Maximum Dose
Volume
�l gal
Elevation
(ft)
Pipe Size
(�n)
Pipe
(gal/ft) Volume
Piper LengthF'erf
(ft)
Size
(in)
Spacing (ft)
Spacing (in)
1 9. Additional Info for At -Risk, HSW or Type IV Design
A. Starting BOD Concentration = Design Flow X Starting BOD (mg/L) X 8.35 : 1,000,000
�gpd X L =mg/LX 8.35 : 1,000,000 ° = Otbs. BOD/day
Target BOD Concentration -= Design Flow X Target BOD (mg/L) X 8.35 : 1,000,000
g/L X 8.35 : 1, 000, C00 = tbs. BOD/day
gpd X C rrl
Lbs. BOD To B)e Removed:
PreTreatment Technology: L� _]Must Meet or Exceed Target
Disinfection Technology: [ — ]Required for Levels A Et B
C. Organic Loading to Soil Treatment Area:
�mg/LX C =gpd x8.35: 1,000,000: �ftz = tbs. /clay/ft2
10. Comments/S
al Design Considerations:
I hereby certify that I have completed this work in accordance with all applicable ordinances, rules and laws.
Tom Trooien I �ss7�s�_7^c%'U-'Ci,�� 4/3/21=
(Designer) (Signature) (License #) (Date)
Preliminary
MINN:SOTA POLLUTION
f. Evaluation Worksheet M CONTIIOL AGENCY
� , ._, :, ,. Ais".
1. Contact Information v 04.01.2020
Property Owner/Client: Jason Gamache _— Date Completed: 4/4/21
Site Address: 18401 River Acres Rd S Cottage Grove, MN 55016 Project ID:
Email: I iason(aincentiverealtvmn.com Phone: IEEE]
—
Mai li ng Ad d ress: C —_
Legal Description: I -- —�
Parcel ID: 33.027.21.24.0036 SEC: TWP: == RNG: C�
2. Flow and General System Information
A. Client -Provided Information
P roject Type: FINew Construction Replacement Expansion Repair
Project Use: Residential FlOther Establishment:
Residential use: # Bedrooms: �] Dwelling Sq.ft.: Unfinished Sq. Ft.: C�
# Adults: �] # Children: # Teenagers: C�
In -home business (Y/N): �] If yes, describe:
0 Garbage Disposal/Grincler 0 Dishwasher Hot Tub*
Water -using devices: ❑ Sewage pump in basement Water Softener* Sump Pump*
(check all that apply) large Bathtub >40 gallons Iron Filter* Self -Cleaning Humidifier*
0 Clothes Washing Machine High Eff. Furnace* Other: I
Clear water source - should not go into system
Additional current or future uses: --
Anticipated non -domestic waste: C
The above is complete & accurate: C
--
Client signature & date
B. Designer -determined flow Information Attach additional information as necessary.
Design Flow: ]GPD Anticipated Waste Type: Residential
BOD: <170 ]mg/L TSS <60 mg/L Oil it Grease <25 ]mg/L
3. Preliminary Site Information
A. Water Supply Wells
Well Depth
Casing
Confining
STA
#
Description
Mn. ID#
Lft.)_
Depth ft.
Layer
Setback
Source
1
deep domestic well
n/a
2
--
3
4
Additional Well Information:
The well Nvill be abandoned and the house will be connected to city water
4MWI �
ItApV*
rnste sacat;*n based on user jnW
and dots not represent an avthorrtatnV
PIN
property locates
0
Sea-Med Fbodulap Boundary
D-gital Data Amadab+e
ho Digit* Data A%-aab&e
61A.P PANELS
unmapped
sck�
Area of lAnirnal Flood Hazard zov x
Effective L01.1 RS
Area of undetermined Flood Hazard =�^�
.`
othtrw*e Protected Area�t
61rrr Rtrot SySttm Arta
OTHER AREA
SPECIAL FLOOD
HAZARD AREAS
OTHER AREAS OF
FLOOD HAZARD
New
Drainfield
Cltti' of
Cottage Grote
2 70502
1 1
Zone AE
A'asnirrsprn Courie- . i'vil'., County o; DaKota, Esri, HERE, varmin, INCREIvI..
-- �-� l�
without Onto Flood El on 48FE)
iA.V.A99
With BFE of Depith
Regulatory Floodway Zane Af. Ao, AN, w AR
0.2fib Annual Chance Flood Huard. Areas
of 1% annual chance flood with average
depth less than one foot or with drainage
areas of loss than one square mile . T.
Future Condltwfs 1% Annual
Chance Foot! Hazard =
Area with Reduced Flood Risk due to
Levee. See Notes. Z,3ft =
Area with F 1I Risk due to Levee
!O'2 Gross Sections Mrth 1% Annual Chance
1741 Water Surface Elevation
o- — — Coastal Tfanrcct
Sass Flood Elevation Line (BFE)
Limit of Study
Junsdictlon Boundary
Coastal Transect Baseline
OTHER _ Profile Baseline
FEATL RES Hydrobraphic Feature
GENERALI-- —' Channel, Culbert or Storm Sewer
STRUCTURES i i c i i i i Le -see. Dike. or Floodv%a11