The URL can be used to link to this page

Home My WebLink About5.a. Request by John Friedges VarianceEXECUTIVE SUMMARY Board of Appeals and Adjustments Meeting: August 28, 2018 AGENDA ITEM: 18-43-V Request by John Friedges for a variance from the requirement that lots contain both a primary and an alternate site for a drain field. AGENDA SECTION: Public Hearing PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 5.a. ATTACHMENTS: Resolution; Site Location, Site Aerial; Applicant’s Narrative; Soil Report; Site Grading Drainage and Utility Plan APPROVED BY: KL RECOMMENDED ACTION: Motion by the Board of Appeals and Adjustments to approve a variance from Title 9, Chapter 6: Subsurface Sewage Treatment Systems requiring a minimum of two soil treatment and dispersal areas on all lots created after January 23, 1996, subject to the following conditions: a.The subject parcel is located in an area that is not anticipated to receive city sewer and water in the future. b.Any replacement for the SSTS shall be designed for soils that have been disturbed. SUMMARY The Planning Commission, acting as the Board of Appeals and Adjustments, is being asked to consider a request from John Friedges on behalf of future property owners for a variance from the requirement for lots to contain a minimum of two soil treatment and dispersal areas for a subsurface sewage treatment system (SSTS), also known as a septic system. At the time of approval of the development the site met the requirement, but, during the grading of the site for the development, part of the land designated for the SSTS was disturbed and is no longer viable as an alternate site. When the time comes that the system must be replaced, it will be possible to construct an SSTS with soil that has been disturbed, but the type of system would have to be designed to accommodate those soils. This is an unusual variance request as most of the septic regulations are administratively enforced and the Planning Commission has little involvement with the Title 9, Chapter 6 requirements. However, Chapter 6 specifically states that any variance from the standards should follow the same process as those found in Title 11, which is the zoning ordinance. Staff is recommending approval of the variance. The findings on which this recommendation is based are detailed within this report. Applicant and Owner: John Friedges Location: 2900 125th Ct. West Area in Acres: 2.73 Acres Comp. Guide Plan Designation: Rural Residential Current Zoning: RR-Rural Residential 2 BACKGROUND The Wilde Lakes Estates plat was approved in 2015. The site is located in the northwest quadrant of the intersection of South Robert Trail and McAndrews Road in the rural, northwest portion of Rosemount. Wilde Lakes was developed as a PUD in order to accommodate deviations from the zoning ordinance, most notably in the minimum lot size. Some of the lots are smaller than 2.5 acres, but many are larger than that. The parcel in question meets the minimum lot size for the RR zoning district, so the approval as a PUD with that deviation from the code is not the reason for variance request. At any rate, sufficient area was originally provided to accommodate a primary and alternate site for the soil treatment and dispersal area of the SSTS. It was during the process of preparing the site for development that the soil where the SSTS would be located were disturbed, making the area sufficient for only the primary site. The remaining undisturbed soil on the parcel is located in areas that are to be maintained as wetland buffer. As a rural development, the site is not currently served by City sewer and water nor is it planned for municipal services in the future. At the time the system must be replaced, the system that replaces it must be designed to meet the needs of the soils on the site. Designers of SSTSs must be licensed by the state; therefore staff is comfortable that when the system needs to be replaced, it will be done in a way that is consistent with the soil condition on the site. Staff also finds that the request meets the standards for granting a variance, which are detailed below. ISSUE ANALYSIS Variance Standards According to Section 11-12-2.G, there are five criteria for the Board of Appeals and Adjustments to review when considering a variance request. The five criteria used to assess each request along with staff’s findings for each are listed below. While weighing a variance request against these criteria, there are also two key issues to consider. The first is whether the applicant has reasonable use of their property without the variance. The second is whether the project can be redesigned to eliminate or reduce the need for a variance. The Board of Zoning Appeals must approve or deny each request based on findings related to each of the five standards. 1. The variance request is in harmony with the purposes and intent of the ordinance. Finding: The purpose of this section of the City Code is to establish minimum requirements for regulation of SSTS for the treatment and dispersal of sewage within the city of Rosemount to protect public health and safety, groundwater quality, and to prevent or eliminate the development of public nuisances. It is intended to serve the best interest of the city's citizens by protecting its health, safety, general welfare and natural resources. Staff finds that the request is in harmony with the purpose and intent of the ordinance because even though the parcel does not contain an alternate SSTS site, such systems can be designed in a way that works with disturbed soils. 2. The variance is consistent with the comprehensive plan. Finding: The comprehensive plan designates the site as Rural Residential. As such, there are no future plans to extend urban services to the site. Granting the variance is consistent with the comprehensive plan. 3. Granting of the variance allows reasonable use of the property. Finding: Staff finds that the variance is necessary for the lot to be developed as intended. 4. There are unique circumstances to the property which are not created by the landowner. Finding: The parcel was drawn to accommodate both a primary and an alternate site for the soil treatment and dispersal area of the SSTS. During the grading and preparation of the site, the soils were disturbed thereby eliminating space for an alternate area. 3 5. Granting of the variance does not alter the essential character of the locality. Finding: Staff finds that granting the variance maintains the essential character of the locality by permitting the development of a lot that is served by a private well and septic. RECOMMENDATION Staff is recommending approval of the variance request by the Board of Appeals based on the information contained in this report and provided by the applicant. A condition of approval is included with the motion to memorialize and reiterate the fact that there are no plans to provide urban services to the site in the future and that an appropriately designed replacement system will be required if the SSTS fails. Resolution BA2018-03 1 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION BA2018-03 A RESOLUTION APPROVING A VARIANCE FROM TITLE 9, CHAPTER 6: SUBSURFACE SEWAGE TREATMENT SYSTEMS REQUIRING A MINIMUM OF TWO SOIL TREATMENT AND DISPERSAL AREAS ON ALL LOTS CREATED AFTER JANUARY 23, 1996. WHEREAS, John Friedges, (the “Applicant”) has submitted an application on behalf of future owners of property located at 2900 125th Court West to the City Rosemount (the “City”) for a variance from Title 9, Chapter 6: Subsurface Sewage Treatment Systems requiring a minimum of two soil treatment and dispersal areas on all lots created after January 23, 1996; and WHEREAS, notice has been published, mailed and posted pursuant to the Rosemount Zoning Ordinance, Section 11-12-2; and WHEREAS, the Rosemount Board of Appeals and Adjustments held a public hearing and considered said on said matter on August 28, 2018; and NOW, THEREFORE, based on the testimony elicited and information received, the Rosemount Board of Appeals and Adjustments makes the following: FINDINGS 1.That the procedures for obtaining said Variance are found in the Rosemount Zoning Ordinance, Section 11-12-2. 2.That all the submission requirements of said Section 11-12-2 have been met by the Applicant. 3.That the proposed variance will allow installation of a subsurface sewage treatment system without an alternate site for the soil treatment and dispersal area. 4.That the Variance will be located on property legally described as follows: Lot 1, Block 2, WILDE LAKE ESTATES. 5.The variance request is in harmony with the purposes and intent of the ordinance. Finding: The purpose of this section of the City Code is to establish minimum requirements for regulation of SSTS for the treatment and dispersal of sewage within the city of Rosemount to protect public health and safety, groundwater quality, and to prevent or eliminate the development of public nuisances. It is intended to serve the best interest of the Resolution BA2018-03 2 city's citizens by protecting its health, safety, general welfare and natural resources. Staff finds that the request is in harmony with the purpose and intent of the ordinance because even though the parcel does not contain an alternate SSTS site, such systems can be designed in a way that works with disturbed soils. 6.The variance is consistent with the comprehensive plan. Finding: The comprehensive plan designates the site as Rural Residential. As such, there are no future plans to extend urban services to the site. Granting the variance is consistent with the comprehensive plan. 7.Granting of the variance allows reasonable use of the property. Finding: Staff finds that the variance is necessary for the lot to be developed as intended. 8.There are unique circumstances to the property which are not created by the landowner. Finding: The parcel was drawn to accommodate both a primary and an alternate site for the soil treatment and dispersal area of the SSTS. During the grading and preparation of the site, the soils were disturbed thereby eliminating space for an alternate area. 9.Granting of the variance does not alter the essential character of the locality. Finding: Staff finds that granting the variance maintains the essential character of the locality by permitting the development of a lot that is served by a private well and septic. CONCLUSIONS AND DECISION Based on the foregoing, the Applicant’s application for a Variance is granted, subject to the following conditions: 1.The subject parcel is located in an area that is not anticipated to receive city sewer and water in the future. 2.Any replacement for the SSTS shall be designed for soils that have been disturbed. Passed and duly adopted this 28th day of August, 2018, by the Board of Appeals and Adjustments of the City of Rosemount, Minnesota. __________________________________ Melissa Kenninger, Chair ATTEST: ________________________________ Stacy Bodsberg, Planning & Personnel Secretary Dakota County, MN Property Information Au gust 16, 2018 0 450 900225 ft 0 130 26065 m 1:4,800 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. Dig It Drill It Drain It Your One Stop Contractor Bohn Well Drilling Co. 18190 Dairy Lane, Ste 101, Jordan, MN 55352 952-445-4809/Fax: 952-445-1439/www.bohnwell.com Memo_Variance Date: July 27, 2018 From: Charles Bohn, Designer, Inspector, Installer MPCA License #C5639 Re: 2900 125th Court West, Rosemount, PID# 34-84260-02-010 To City of Rosemount: Our company was out to the property at 2900 125th Court W, Rosemount, on July 24, 2018, to conduct findings of a primary/alternate site location at the above property for a build of a 4-bedroom home. When doing so after the lot was staked, we found that there was a viable location for a primary site but not for an alternate site. The lot had been disturbed during the initial development phase locating a building pad by the developer and this has left no room for an alternate site to be located. We would need a quantity two 50x100’ areas of undisturbed soils and without encroaching wetland areas for a primary and alternate site and we can only find a quantity one site. In the installation of a septic system on this lot, we would design and install a 63’ foot rock bed to be installed for a typical 5 bedroom home instead of a standard 50’ rock bed. Along with this, we would install a filter system in the tank. We would place no guarantee on the system’s longevity if compliance inspections are completed , as the homeowners would take the responsibility of maintaining the system to ensure it is properly taken care of and we have no control over that. If there are further questions or concerns, please feel free to contact our office. Sincerely, Charles Bohn MPCA License #C5639 B L O C K 2