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PC Staff Report 9-17-19PLANNING COMMISSION STAFF REPORT Tuesday,September 17,2019 Subject Consider a Request for a Variance to Replace and Move a Septic System to the Bottom of the Bluff at 1181 Homestead Lane Section PUBLIC HEARINGS Item No:B.1. Prepared By MacKenzie Young-Walters,Associate Planner File No:Planning Case 2019-12 PROPOSED MOTION: The Chanhassen Board of Appeals and Adjustments denies the bluff setback and encroachment into the Bluff Creek primary zone for the construction of a septic system,adopts the attached Findings of Facts and Decision and directs the applicant to: Submit plans showing conformance with City Ordinance and City Standards for the subsurface sewage treatment system (SSTS)being installed in the front yard,or provide further justification of the impracticability of such a location for an SSTS e.g.a geotechnical report or perk test if the concern is fill/disturbed soil). SUMMARY OF REQUEST The applicant is proposing to replace an existing septic system with a system that encroaches into the Bluff Creek primary zone as well as into the required bluff setback. APPLICANT John Jensen II,1181 Homestead Lane,Chanhassen,MN 55317 SITE INFORMATION PRESENT ZONING:Rural Residential District,RR LAND USE:Large Lot Residential ACREAGE:2.5 acres DENSITY:NA APPLICATION REGULATIONS Chapter 19,Water,Sewers and Sewage Disposal,Article IV,Subsurface Sewage Treatment Systems Chapter 20,Article II,Division 3,Variances PLANNING COMMISSIONSTAFFREPORTTuesday,September 17,2019SubjectConsideraRequest for a Variance to Replace and Move a Septic System to the Bottom oftheBluffat1181HomesteadLaneSectionPUBLICHEARINGSItemNo:B.1.Prepared By MacKenzie Young-Walters,AssociatePlanner File No:Planning Case 2019-12PROPOSEDMOTION:The Chanhassen Board of Appeals and Adjustments denies the bluff setback and encroachment into theBluffCreekprimaryzonefortheconstructionofasepticsystem,adopts the attached Findings of Facts and Decisionanddirectstheapplicantto:Submit plans showing conformance with City Ordinance and City Standards for the subsurface sewagetreatmentsystem(SSTS)being installed in the front yard,or provide further justification of the impracticability of suchalocationforanSSTSe.g.a geotechnical report or perk test if the concern is fill/disturbed soil).SUMMARY OFREQUESTTheapplicantisproposingto replace an existing septic system with a system that encroaches into the BluffCreekprimaryzoneaswellasintotherequiredbluffsetback.APPLICANTJohnJensenII,1181 Homestead Lane,Chanhassen,MN55317SITEINFORMATIONPRESENTZONING:Rural Residential District,RRLANDUSE:Large LotResidentialACREAGE:2.5 acresDENSITY:NAAPPLICATION REGULATIONS Chapter 19,Water,Sewers and Sewage Disposal,Article IV,Subsurface Sewage Treatment Systems Chapter 20,Article II,Division 3,Variances Chapter 20,Article XI,RR”Rural Residential District Chapter 20,Section 20-1401,Structure Setbacks Bluffs) Chapter 20, 20-1564 Structure Setbacks Bluff Creek primary zone) BACKGROUND Pioneer Hills was platted on February 4,1985.The house was built in 1986. RECOMMENDATION Staff recommends that the Planning Commission deny the variance to permit construction of the septic system within the bluff setback and Bluff Creek primary zone since a feasible alternative that conforms to ordinance may be installed, adopts the attached Findings of Facts and Decision and directs the applicant to: Submit plans showing conformance with City Ordinance and City Standards for the SSTS being installed in the front yard,or provide further justification of the impracticability of such a location for an SSTS e.g.a geotechnical report or perk test if the concern is fill/disturbed soil). ATTACHMENTS: Staff Report Findings of Fact and Decision Denial Findings of Fact and Decision Approval Development Review Application Narrative Survey Septic Site Sketches Public Hearing Notice Affidavit of Mailing CITY OF CHANHASSEN PC DATE: September 17, 2019 CC DATE: September 23, 2019 REVIEW DEADLINE: October 15, 2019 CASE #: 2019-12 BY: RG, EH, JS, ET SUMMARY OF REQUEST The applicant is proposing to replace an existing septic system with a system that encroaches into the Bluff Creek primary zone as well as into the required bluff setback. LOCATION: 1181 Homestead Lane Chanhassen, MN 55317 Lot 10, Block 3, Pioneer Hills, Carver County, Minnesota PID 256100190) OWNER: John Jensen II 1181 Homestead Lane Chanhassen, MN 55317 PRESENT ZONING: Rural Residential District (RR) and Bluff Creek Overlay District (BCO). 2030 LAND USE PLAN: Residential Large Lot ACREAGE: 2.5 acres DENSITY: NA LEVEL OF CITY DISCRETION IN DECISION-MAKING: The city’s discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The city has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi-judicial decision. PROPOSED MOTION: The Chanhassen Board of Appeals and Adjustments denies the bluff setback and encroachment in to the Bluff Creek primary zone for the construction of a septic system and adopts the attached Findings of Facts and Decision.” Note: A motion for approval and appropriate Findings of Fact are also included at the end of the report.) Planning Commission 1181 Homestead Lane – Planning Case 2019-12 September 17, 2019 Page 2 of 6 Notice of this public hearing has been mailed to all property owners within 500 feet. PROPOSAL/SUMMARY The applicant would like to install their septic system within the Bluff Creek primary zone as well as encroach into the bluff setback zone. APPLICABLE REGULATIONS Chapter 19, Water, Sewers and Sewage Disposal, Article IV, Subsurface Sewage Treatment Systems Chapter 20, Article II, Division 3, Variances Chapter 20, Article XI, “RR” Rural Residential District Chapter 20, Section 20-1401, Structure Setbacks (Bluffs) Chapter 20, 20-1564 Structure Setbacks (Bluff Creek primary zone) BACKGROUND Pioneer Hills was platted on February 4, 1985. County records indicate that the house was built in 1986. Bluff Creek Primary Zone Planning Commission 1181 Homestead Lane – Planning Case 2019-12 September 17, 2019 Page 3 of 6 SITE CONDITIONS The property is zoned Rural Residential District and is located within the city’s Bluff Creek overlay district. This zoning classification requires lots to be a minimum of 2.5 acres and that the primary zone be preserved as permanent open space. The exiting septic system is failing and must be replaced. SITE CONSTRAINTS Wetland Protection There is not a wetland located on the property. Bluff Protection There is a bluff on the property. Shoreland Management The property is not located within a shoreland overlay district. Floodplain Overlay This property is not within a floodplain Bluff Creek Corridor The property is located within the Bluff Creek overlay district. Variances within 500 feet: Variance 2007-28, 951 Homestead Lane, variance to permit a 1,177 square foot accessory structure on November 20, 2007. ANALYSIS The applicant is proposing a septic system to be installed in a naturally wooded area within the Primary Zone of the Bluff Creek Watershed District as well as near a bluff. The existing site has 100% tree cover from the home to the Powers Boulevard right-of-way. Locating the septic field in this area will permanently affect the wooded area and primary zone. A number of homes own a share of the continuous wooded area and have protected the area since the development of the area. Staff recommends that protection of the wooded area continue. Ideally, an alternative location Planning Commission 1181 Homestead Lane – Planning Case 2019-12 September 17, 2019 Page 4 of 6 could be found on the property for the system. If not, then a tree survey showing the system located as to minimize tree removal should be required and replacement plantings be approved by the city. The Engineering Department has reviewed the Variance submittal for 1181 Homestead Lane. These comments are divided into two categories: general comments and proposed conditions. General comments are informational points to guide the applicant in the proper planning of public works infrastructure for this project, to inform the applicant of possible extraordinary issues and/or to provide the basis for findings. Proposed conditions are requirements that Engineering recommends be formally imposed on the developer in the final order. Note that references to the “City Standards” herein refer to the Standard Specifications and Detail Plates. General Comments/Findings 1. Any and all utility and transportation plans submitted with this application have been reviewed for the purpose of determining the feasibility of providing utility and transportation facilities for the project in accordance with City Standards and City Ordinances. Recommendation of a variance approval does not constitute final approval of details, including but not limited to alignments, materials and points of access, connection or discharge, that are depicted or suggested in the application. The applicant is required to submit detailed construction drawings and/or plat drawings for the project, as applicable. The City of Chanhassen Engineering and Public Works Department will review plans, in detail, when they are submitted and approve, reject or require modifications to the plans or drawings based upon conformance with City Standards, the Chanhassen Code of Ordinances and the professional engineering judgment of the City Engineer. 2. It is the opinion of the Engineering Department that the proposed subsurface sewage treatment system (SSTS) variance should not be approved as other locations on the subject property would allow for the SSTS to function properly while not creating the need for a variance from bluff and slope setbacks based on the information provided. a. Upon submittal of the variance request, the applicant’s justification for not locating the SSTS in the front yard was discussed under point 3.c. “Moving Planning Commission 1181 Homestead Lane – Planning Case 2019-12 September 17, 2019 Page 5 of 6 the entire system to the front yard would also be problematic as there is not enough workable space to install a system.” b. After review by staff it was determined that there was enough room to install the SSTS between the existing garage and existing house. As currently designed, the treatment area requires 1,600 square feet, while the front yard provides over 2,400 square feet of workable area outside building setbacks and slope/bluff setbacks. c. Staff reached out to the applicant to obtain further justification to point 3.c. and received a follow-up e-mail on September 5, 2019 in which the contractor concluded: “there is no room in the front due to the well setback and all cut and fill or compacted soils, and the contours do not work either.” d. After re-reviewing the setbacks (well and slopes) from the provided plans, staff determined that there was enough room as discussed in item 2.b. of this report and that if there are concerns regarding compacted soils, a type 3 system should be proposed and subsequent perk tests provided to ensure feasibility. 3. Staff will reassess the recommendation for denial of variance if further justification is provided for the infeasibility of the front yard location for installation of the SSTS. See Condition 1. Proposed Conditions 1. Submit plans showing conformance with City Ordinance and City Standards for the SSTS being installed in the front yard, or, provide further justification of the impracticability of such a location for a SSTS (e.g. a geotechnical report or perk test if the concern is fill/disturbed soil). SUMMARY The applicant’s proposed project does not comply with city ordinance. Based on staff’s review, an alternative system compliant with City Code could be installed. The Building Department supports any comments or concerns that the Soil & Water Conservation District and Water Resources has concerning the placement of the septic system. RECOMMENDATION Staff recommends that the Planning Commission deny the variance to permit construction of the septic system within the bluff setback and Bluff Creek primary zone since a feasible alternative that conforms to ordinance may be installed, adopts the attached Findings of Facts and Decision and directs the applicant to: Planning Commission 1181 Homestead Lane – Planning Case 2019-12 September 17, 2019 Page 6 of 6 Submit plans showing conformance with City Ordinance and City Standards for the SSTS being installed in the front yard, or provide further justification of the impracticability of such a location for a SSTS (e.g. a geotechnical report or perk test if the concern is fill/disturbed soil). Should the Planning Commission approve the variance request, it is recommended that the Planning Commission adopt the following motion and attached Finding of Fact and Decision: The Chanhassen Board of Appeals and Adjustments approves the bluff setback variance and encroachment into the Bluff Creek primary zone for the construction of a septic system as shown in the plans shown on the Certificate of Survey by SISU Land Surveying dated 8/19/19, subject to the following conditions, and adopts the attached Findings of Facts and Decision. 1. The applicant is required to submit detailed construction drawings and/or plat drawings for the project, as applicable. An engineer-designed plan is required to divert the existing drainage ravine that would be impacted by the proposed SSTS. 2. The applicant shall apply for a septic permit for the septic system. 3. The applicant shall provide further justification of the impracticability of such a location for a SSTS (e.g. a geotechnical report or perk test if the concern is fill/disturbed soil). 4. An erosion control plan shall be submitted for review and approval. 5. The applicant shall submit a tree survey showing the system located as to minimize tree removal should be required. All trees 6” and larger in and around the construction area shall be shown. Replacement planting will be required in areas cleared outside of the septic fields. Plans and quantities shall be approved by the city. 6. Tree protection fencing shall be installed to protect trees and vegetation outside of the construction area.” ATTACHMENTS 1. Finding of Fact and Decision Denial 2. Finding of Fact and Decision Approval 3. Development Review Application and Narrative 4. 1181 Homestead Lane Survey 5. Septic Site Sketches 6. Public Hearing Notice and Mailing List g:\plan\2019 planning cases\19-12 1181 homestead lane var\staff report-1181 homestead ln-pc.docx 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION DENIAL) IN RE: Application of John Jensen II for variance from the bluff setback and encroachment into the Bluff Creek primary zone for the construction of a septic system on a property zoned Rural Residential District (RR) - Planning Case 2019-12. On September 17, 2019, the Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, met at its regularly scheduled meeting to consider the application. The Commission conducted a public hearing on the proposed variance preceded by published and mailed notice. The Board of Appeals and Adjustments makes the following: FINDINGS OF FACT 1. The property is currently zoned Rural Residential District (RR). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Large Lot. 3. The legal description of the property is: Lot 10, Block 3, Pioneer Hills, Carver County, Minnesota 4. Variance Findings – Section 20-58 of the City Code provides the following criteria for the granting of a variance: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan. Finding: The intent of the city’s bluff protection and Bluff Creek Overlay District ordinances are to protect the city’s natural areas and aquatic resources by establishing a minimum bluff setback as well as preserve the Bluff Creek corridor. These two requirements are designed to work together to prevent excessive development that could generate unnecessary alterations which could potentially degrade the bluff area as well as Bluff Creek. b. When there are practical difficulties in complying with the zoning ordinance. "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 this Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. 2 Finding: An alternative system compliant with City Code could be installed without a variance. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The variance request is not solely based upon economic considerations. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: While the septic system has failed and must be replaced, an alternative system compliant with City Code could be installed. e. The variance, if granted, will not alter the essential character of the locality. Finding: The property is located in one of the city’s large lot residential subdivisions. The properties within 500 feet of the parcel have septic systems that comply with city ordinances. The proposed encroachment into the Bluff Creek primary zone and bluff setback could lead to other alterations to the natural area of the neighborhood. f. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. Finding: This does not apply to this request. 5. The planning report #2019-12, dated September 17, 2019, prepared by Robert Generous, et al, is incorporated herein. DECISION The Chanhassen Board of Appeals and Adjustments denies a variance request to allow a variance from the bluff setback and encroachment in to the Bluff Creek primary zone for the construction of a septic system.” ADOPTED by the Chanhassen Planning Commission this 17th day of September, 2019. CITY OF CHANHASSEN BY: Steven Weick, Chairman g:\plan\2019 planning cases\19-12 1181 homestead lane var\findings of fact and decision 1181 homestead ln (denial).docx 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION APPROVAL) IN RE: Application of John Jensen II for variance from the bluff setback and encroachment in to the Bluff Creek primary zone for the construction of a septic system on a property zoned Rural Residential District (RR) - Planning Case 2019-12. On September 3, 2019, the Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, met at its regularly scheduled meeting to consider the application. The Planning Commission conducted a public hearing on the proposed variance preceded by published and mailed notice. The Board of Appeals and Adjustments makes the following: FINDINGS OF FACT 1. The property is currently zoned Rural Residential District (RR). 2. The property is guided in the Chanhassen Comprehensive Plan for Large Lot Residential. 3. The legal description of the property is: Lot 10, Block 3, Pioneer Hills, Carver County, Minnesota 4. Variance Findings – Section 20-58 of the City Code provides the following criteria for the granting of a variance: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan. Finding: The installation of a septic system in this location will have a minimal impact on the bluff and the Bluff Creek primary zone. Once installed, the site can be revegetated to maintain the environmental benefits of the area. b. When there are practical difficulties in complying with the zoning ordinance. "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 this Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Finding: The applicant cannot install a compliant septic system on the property without a variance. 2 c. That the purpose of the variation is not based upon economic considerations alone. Finding: The variance request is not solely based upon economic considerations. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The property is located in an older subdivision and the existing structure does not conform to the current zoning code. The parcel is significantly smaller than the minimum size required for riparian lots zoned RSF. The lot’s substandard size and pre- existing house placement means that a two-car garage cannot be situated on the lot without a variance. e. The variance, if granted, will not alter the essential character of the locality. Finding: The property is located in a large lot residential subdivision. The proposed construction of a septic system in the Bluff Creek primary zone and within the bluff setback will not alter the essential character of the locality and will provide a working septic system. f. Variances shall be granted for earth-sheltered construction as defined in Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. Finding: This does not apply to this request. 5. The planning report #2019-12, dated September 17, 2019, prepared by Robert Generous, et al, is incorporated herein. DECISION The Chanhassen Board of Appeals and Adjustments approves a variance from the bluff setback and encroachment in to the Bluff Creek primary zone for the construction of a septic system, subject to the following conditions: 1. The applicant is required to submit detailed construction drawings and/or plat drawings for the project, as applicable. An engineer-designed plan is required to divert the existing drainage ravine that would be impacted by the proposed SSTS. 2. The applicant shall apply for a septic permit for the septic system. 3. The applicant shall provide further justification of the impracticability of such a location for an SSTS (e.g. a geotechnical report or perk test if the concern is fill/disturbed soil). 4. An erosion control plan shall be submitted for review and approval. 3 5. The applicant shall submit a tree survey showing the system located as to minimize tree removal should be required. All trees 6” and larger in and around the construction area shall be shown. Replacement planting will be required in areas cleared outside of the septic fields. Plans and quantities shall be approved by the city. 6. Tree protection fencing shall be installed to protect trees and vegetation outside of the construction area.” ADOPTED by the Chanhassen Planning Commission this 17th day of September, 2019. CITY OF CHANHASSEN BY: Steven Weick, Chairman g:\plan\2019 planning cases\19-12 1181 homestead lane var\findings of fact and decision 1181 homestead ln (approval).docx COMMUNITY DEVELOPMENT DEPARTMENT IlkPlanningDivision— 7700 Market Boulevard CITY OFCHANIIASSENMailingAddress—P.O. Box 147, Chanhassen, MN 55317 Phone: (952)227-1300/Fax: (952) 227-1110 1 APPLICATION FOR DEVELOPMENT REVIEW Submittal Date: [ , ( l(.r 1 ( 9e`)PC Dat ' I I I gCC Date ` I-)3 1 1 60-Day Review Date: ! ' t k`S.- I, n Section 1: Application Type (check all that apply) Refer to the appropriate Application Checklist for required submittal information that must accompany this application) Comprehensive Plan Amendment 600 El Subdivision (SUB) El Minor MUSA line for failing on-site sewers $100 El Create 3 lots or less 300 Create over 3 lots 600 + $15 per lot Conditional Use Permit (CUP) lots) Single-Family Residence 325 El Metes & Bounds (2 lots) 300 All Others 425 Consolidate Lots 150 ElInterim Use Permit(IUP) CI Lot Line Adjustment 150 El In conjunction with Single-Family Residence..$325 Final Plat 700 Includes $450 escrow for attorney costs)* 425AllOthers Additional escrow may be required for other applications through the development contract. Rezoning (REZ) Planned Unit Development (PUD) 750 El Vacation of Easements/Right-of-way(VAC) $300 Minor Amendment to existing PUD 100 Additional recording fees may apply) El All Others 500 El Variance(VAR)200 Sign Plan Review 150 El Wetland Alteration Permit(WAP) Site Plan Review(SPR) Single-Family Residence 150 Administrative 100 All Others 275 Commercial/Industrial Districts* 500 Plus $10 per 1,000 square feet of building area: El Zoning Appeal 100 thousand square feet) Include number of existing employees: CI Zoning Ordinance Amendment (ZOA) 500 Include number of new employees: Residential Districts 500 NOTE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application. Plus$5 per dwelling unit (units) 18 Notification Sign (City to install and remove) 200 Property Owners' List within 500' (City to generate after pre-application meeting) 3 per address y addresses) Escrow for Recording Documents (check all that apply) 50 per document Conditional Use Permit Interim Use Permit Site Plan Agreement ElVacation 6 Variance Wetland Alteration Permit Metes & Bounds Subdivision (3 docs.) Easements ( easements) El Deeds TOTAL FEE: Section 2: Required Information Description of Proposal: Asking to alloy m right to the edge of the e.a ement Eas eet on w- ..' . . ..- .. r.• : _ e . ture. Property Address or Location: 1181 Homestead Lane Parcel#: 10 Legal Description: Section 26 Township 116 Range 023 Total Acreage: 2.5 Wetlands Present? Yes No Present Zoning: Mixed Low Density Residential District(I Requested Zoning: Not Applicable Present Land Use Designation: Residential Low Density Requested Land Use Designation: Not Applicable Existing Use of Property: Single family home Check box if separate narrative is attached. Section 3: Property Owner and Applicant Information APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application or during the appeal period. If this application has not been signed by the property owner, I have attached separate documentation of full legal capacity to file the application. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax: Signature:Date: PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to, and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: John Jensen Contact: Address: 1181 Homestead Lane Phone: 612-790-3614 City/State/Zip: Chanhassen, MN 55317 Cell: 612- 790-3614 Email: jjensenii2@msn.com Fax: Signature:Date: This application must be completed in full and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements and fees. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. PROJECT ENGINEER(if applicable) Name: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax: Section 4: Notification Information Who should receive copies of staff reports? Other Contact Information: El Property Owner Via: 0 Email Mailed Paper Copy Name: El Applicant Via: Email El Mailed Paper Copy Address: El Engineer Via: Email El Mailed Paper Copy City/State/Zip: El Other* Via: El Email Mailed Paper Copy Email: INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select yt..rORIV to save a copy to your I device. and deliver to city along with required documents and payment. SUBMIT ;to send a digital copy to the city for processing. SAVE FORM PRINT FORM SUBMIT FORM f\-) Variance Request 1181 Homestead Lane 1. The septic system at 1181 homestead was found to be failing during an inspection of the property.The septic system needs to be replaced because there are no available sewer lines. 2. A Variance is being requested to put the septic system at the bottom of the bluff. Any septic system that is installed within 50 feet of the bluff with 25%grade requires a variance. Because of an easement on the property extending 75 feet into the property,the septic system has to be installed closer to the bluff. 3. This placement of the septic system at the bottom of the bluff is the optimal placement a. Installing the septic system at the top of the bluff would also require a variance b. This will be an optimal place as it will allow for ease of connection to a future sewer system.There is sewer pipe along the property, but it is not currently connected to the city sewer system.This will be a future development. c. Moving the entire system to the front yard would also be problematic as there is not enough workable space to install a system. d. The easement of 75 feet, does not allow for the septic system to be installed further away from the bluff. e. The septic system when installed will still be 75 feet from the property line due to the easement. f. Several properties along Homestead lane have Septic systems at the bottom of the bluff, however they have additional flat land and may not have needed a variance. IIMMINIMIM I 00 ac 111 2 N" [ / , ,. /..,.. v..„../''7. -_ _.------ _ -- t f s„,,,,,_, i , i ds 11111 s' ti 7 f 1:'-- t Px til Ik/ ZE tilt y w.. I . t , r CIV r j y I.--,F P. 4 f . Ill—r C Q d 1 Nr A flk ii , ilk C ---7---)1 ti s ,7,'..."CZ. . . , s, tk, ; fil. 11110., 1 ZA) 1- ;{ .c._ • 1> f r, i 7. 44444‘ 4 ' •Cah emsodoompe N_, t..- 113 ) I 97- 7/7 I ,• etirn _...._ 41 \ t' • - ,I 1 ac,.._. i /• /0... IIll* IZ,- k i 0 L,4, t I k kvii1 i1ol ..,. .4 t. . ..._:____ I1 1 N.„, m i; 7.-: t 0- 1r, I14N f ii i -:_..... iz. ite- I. . 1 ICI Ai .1 I IR 1- 411 4 ri• 1... . . - , ? t.1 4 i 4i 0.51 1 fii , 10,..... , . , ;•,,,.:, r-- 4 ti L • ..' -_ ,.:, -.,./,-- • 4. trtt •'*:-'---.1...' -' ---:-... _______, 4z .&.. P. / oixasA- /ago - Aasz. is 1 1, 7:S7 N.,... s....L., ...... m. CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 2019-12 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, September 17, 2019 at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for a variance to replace and move a septic system to the bottom of the bluff at 1181 Homestead Lane. Zoned Rural Residential (RR). Owner: John Jensen. A plan showing the location of the proposal is available for public review on the city’s web site at www.ci.chanhassen.mn.us/2019-12 or at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. MacKenzie Young-Walters Associate Planner Email: mwalters@ci.chanhassen.mn.us Phone: 952-227-1132 Publish in the Chanhassen Villager on September 5, 2019) g:\plan\2019 planning cases\19-12 1181 homestead lane var\ph notice to villager.docx