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Home My WebLink About2022-10-24 PACKET 06.1. (VARIANCE-SEPTIC SYSTEM AT 7540 LAVERNE)STAFF REPORT CASE: V2022-062 ITEM: 6.1 PUBLIC MEETING DATE: 10/24/22 TENTATIVE COUNCIL REVIEW DATE: 11/2/22 APPLICATION APPLICANT: Brian Convery, on behalf of property owner Sandra Prueser REQUEST: A variance to setback requirements to allow an individual sewage treatment system to be located 7 feet from the rear property line when 10 feet is required. SITE DATA LOCATION: ZONING: GUIDED LAND USE: 7540 Laverne Avenue South R-4, Low Density Residential Low Density Residential LAND USE OF ADJACENT PROPERTIES: CURRENT GUIDED NORTH: Parks/Open Space Parks/Open Space EAST: Residential Low Density Res. SOUTH: Residential Low Density Res. WEST: 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:. 10/5/2022 60-Day Review Deadline: 12/4/2022 City of Cottage Grove Planning Division • 12800 Ravine Parkway South • Cottage Grove, MN 55016 Planning Staff Report 7540 Laverne Avenue South — Individual Sewage Treatment System (ISTS) Setback Variance Planning Case No. V22-062 October 24, 2022 Proposal Brian Convery (Applicant) submitted an application for a variance at 7540 Laverne Avenue South to replace an existing Individual Sewage Treatment System (ISTS). Location Map i - ti Proposed sewage treatment system - Est street Sout r x ri .• E 61 Q Subject Site Park and Open Space Location Map Review Process Application Received- October 3, 2022 Acceptance of Completed Application- October 3, 2022 Planning Commission Date- October 24, 2022 Tentative City Council Date- November 2, 2022 60-Day Review Deadline- December 2, 2022 Planning Staff Report — 7540 Laverne Avenue South Wastewater Dispersal System Setback Variance Planning Case V2022-062 October 24, 2022 Page 2 of 5 Property Characteristics The subject parcel is an urban parcel with a single family home and detached garage as shown below. The existing ISTS is located behind the principal structure and is no longer operable and needs replacing. 1 y �0 � ■ f 9 1 � Existing Site Planning Considerations Ordinance Requirements City Code is silent on individual sewage treatment system setbacks as Washington County is the permitting agency for the community. Washington County Ordinance 206 Section 16.2 requires a minimum setback of 10 feet to the property line. Variance — Setback The proposed replacement ISTS will need to be in a different location than the existing system. Soil borings were completed to determine the most feasible location on site, and due to the site constraints, the Applicant is requesting a variance to locate the proposed wastewater dispersal system 7 feet from the west property line instead of Washington County's required 10-foot setback. Planning Staff Report — 7540 Laverne Avenue South Wastewater Dispersal System Setback Variance Planning Case V2022-062 October 24, 2022 Page 3 of 5 1' 7yp r i� 2a VA&i twiCE F—rK -Mr R *Zt IV SG7 5+y- K Foci* 7'*0 ''WEST" reavLjNE W04A6D Itc nrt%br,� 7' ids ntc /V&012 r,o•14 qer,� uoy�s ts� Ir` yam' rRc..v -r-►fr- Y � � 4 3z, y ,N �a7 lb 0 176 i5 Proposed a L7, 1 ewA40/t$1JAµ'T� wf4L � I C 1 Existing to be abandoned a Site Plan 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 provisions 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 variances, the request therefor shall be referred to the planning commission, and for its recommendation 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 reasonable 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 extension of time for review be granted by the planning commission. The planning commission may recommend a variance from the strict application of the provision of this title, if they find that: 1. The variance is in harmony with the purposes and intent of this title Planning Staff Report — 7540 Laverne Avenue South Wastewater Dispersal System Setback Variance Planning Case V2022-062 October 24, 2022 Page 4 of 5 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. Findings The findings of fact for a favorable recommendation of the variance request are as follows: A. Washington County Ordinance allows on -site sewage disposal when public or municipal facilities are not available. 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. 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. D. The Applicant has submitted an application for the proposed system with Washington County Public Health and Enviormental. E. Washington County Public Health and Enviormental will not issue the permit for the subject property until the City of Cottage Grove approves a setback variance due to the site being located within City limits and not in County's jurisdiction. Public Hearing Notice The public hearing notice was mailed to 46 properties within 500 feet of the subject property and published in the St Paul Pioneer Press on October 12, 2022. At the time of writing this report staff has not received any comments. Recommendation Based on the findings of fact, staff recommends that the Planning Commission approve the var- iance to allow an additional individual sewage treatment system and pressure bed to be setback seven feet from the west property line at 7540 Laverne Avenue South, subject to the following conditions: Planning Staff Report — 7540 Laverne Avenue South Wastewater Dispersal System Setback Variance Planning Case V2022-062 October 24, 2022 Page 5 of 5 1. The individual sewage treatment system shall comply with all Washington County codes, and all required inspections and approvals should be conducted. 2. 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. 3. Prior to work commencing, a permit for an individual sewage treatment system (septic system) shall be issued by Washington County Public Health and Enviormental. 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