4. 9150 Great Plains Boulevard Variance Requesta
CITY OF CHANHASSEN
�NH pSS
PROPOSED MOTION:
PC DATE: July 16, 2012 ❑
CC DATE:
REVIEW DEADLINE: August 13, 2013
CASE #: 2013 -14
BY: KA
"The Chanhassen Planning Commission, as the Board of Appeals and Adjustments, approves
Planning Case #2013 -14 for a variance to permit installation of sewage holding tanks subject to
the conditions of approval, and adoption of the attached Findings of Fact and Decision.
SUMMARY OF REQUEST: Request for a variance from Chanhassen City Code to allow
installation of sewage holding tanks on property zoned Agricultural Estate (A2).
LOCATION: 9150 Great Plains Boulevard
APPLICANT: City of Chanhassen
7700 Market Blvd.
PO Box 147
Chanhassen, MN 55317
James D. Wilson
5730 Yancy Ave.
New Germany, MN 55367
PRESENT ZONING: Single - Family Residential (RSF)
2020 LAND USE PLAN: Residential Low Density
ACREAGE: 38.5 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 variance. The City has
a relatively high level of discretion with a variance because
of the burden of proof is on the applicant to show that they
meet the standards in the ordinance.
Notice of this public hearing has been mailed to all
property owners within 500 feet.
PROPOSAL /SUMMARY
I Wilson
_r_F
n
Request for a variance from Chanhassen City Code to allow installation of sewage holding tanks
on property zoned Agricultural Estate (A2). The subject property is 38.85 acres and is used
seasonally as a nursery site. It is guided Low Density Residential in the 2030 Comprehensive
Plan.
Planning Commission
9150 Great Plains Boulevard Variance Request — Planning Case 2013 -14
July 16, 2013
Page 2 of 5
APPLICABLE REGULATIONS
Chapter 20, Division 3, Variances.
Chapter 19 -66, Article IV Ordinance adopted by reference.
Carver County Ordinance 67 -2010, "Subsurface Sewage Treatment Systems Purpose, Intent,
and Authority ", is hereby adopted by reference and incorporated herein subject to the
amendments set forth in this article.
BACKGROUND
The segment of TH 101 from Lyman Boulevard to Pioneer Trail is being reconstructed to a four -
lane divided highway. The roadway is being widened and turn lanes constructed at all major
intersections. Right -of -way was acquired to accommodate the wider roadway section.
Right -of -way was acquired from the Wilson Nursery property for the wider roadway section and
turn lanes. The strip of property that was acquired had the septic tank and drain field in it. The
septic system is very old and no record of the system is on file at the City. The contractor
working on the roadway damaged the existing system when installing the new utilities.
G\►/:\ Wt.`]
The Wilson Nursery site is a business site with no living accommodations. The business is only
open during the summer months and, for this reason, the septic system has very low flows. Staff
is proposing to install holding tanks at this site because no viable septic system site is available
on the property.
After reviewing the system with a sewage treatment system contractor, the existing system is too
old to fix. The Wilson Nursery site does not have a viable location on site for an alternative
Planning Commission
9150 Great Plains Boulevard Variance Request — Planning Case 2013 -14
July 16, 2013
Page 3 of 5
septic system. The property is on a hilly area and most of the soil has been disturbed by the
business operation.
The holding tanks are a temporary measure. Future development will include hook -ups to City
sewer and water. The new holding tanks will be installed northeast of the existing house. The
tanks must be 50 feet away from any wetland. The proposed tanks must be 50 feet from the
well. The tanks must also be located outside of the right -of- way.
The applicable Carver County SSTS ordinance is as follows:
§ 52.024 HOLDING TANKS.
Holding tanks may be used for single family homes and other structures with limited water use,
as determined by the Department, under the following conditions.
(A) Holding tank(s) may be allowed for structures or pre- existing dwellings where an SSTS, as
described in Minn. Rules Chapter 7080.2210 through 7080.2230, or site conditions described
in Minn. Rules Chapter7081.0270, subparts 3 through 7, cannot reasonably be installed as
determined by the Department.
(B) Septic tank(s) may be allowed temporarily as holding tank(s) for:
(1) New residential construction completed when the ground is frozen or the soil is above
the plastic limit not allowing the full soil treatment and dispersal system to be
installed; or
(2) Repair of an imminent threat to public health or safety in accordance with § 52.056.
(C) Holding tank(s) must not be used as an SSTS for:
(1) New residential construction;
(2) Improvements greater than 50% of the assessed value of the structure at the time of
the application for the improvement; or
(3) Recreational uses on undeveloped lots of record.
(D) A minimum of a 1,500- gallon holding tank must be installed in accordance with Minn. Rules
Chapter7080.2290.
(E) The property owner must provide to the Department a copy of a valid monitoring and
disposal contract executed between the property owner and a licensed SSTS maintainer,
which guarantees the removal of the holding tank contents in a timely manner that prevents
an illegal discharge in accordance with Minn. Rules Chapter 7082,0100, subpart 3, item G.
(F) The property owner must hold a valid contract with a licensed SSTS maintainer at all times.
(G) The licensed SSTS maintainer must certify the date the pumping occurred, number of gallons
removed, any tank leakage below or above the operating depth, and the treatment facility to
which the waste was discharged and if applicable, water meter reading at the time of
pumping. The licensed SSTS maintainer is to note any safety concerns, troubleshooting or
repairs conducted. (Ord. 67 -2010, passed 5- 17 -11) Penalty, see § 52.999.
Planning Commission
9150 Great Plains Boulevard Variance Request — Planning Case 2013 -14
July 16, 2013
Page 4 of 5
Based on the operation of the nursery and the site topography there is not an acceptable alternative
site for the septic system. This property has the potential to be served by municipal services (sewer
and water) in the near future. The holding tank is intended to be temporary until sewer and water
are available.
A variance may be granted if all of the following criteria are met:
(1) 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.
(2) 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.
(3) That the purpose of the variation is not based upon economic considerations alone.
(4) The plight of the landowner is due to circumstances unique to the property not created by the
landowner.
(5) The variance, if granted, will not alter the essential character of the locality.
(6) Variances shall be granted for earth - sheltered construction as defined in M.S. § 216C.06,
subd. 14, when in harmony with this chapter.
Staff finds that in this instance these criteria have been met.
RECOMMENDATION
Staff recommends that the Planning Commission approve the installation of sewage holding tank
variance subject to the following conditions and adoption of the attached Findings of Fact and
Decision:
1. Variance allowing holding tanks to be time limited to three years.
2. Sewage holding tanks may not serve an inhabited structure.
3. Site served by holding tanks must be seasonal use only.
4. Sewage holding tank(s) to have capacity alarm.
5. Sewage holding tank(s) pumping contract required.
6. The new holding tanks must be 50 feet from the well on the property.
7. The tanks must 50 feet from the wetland on the north and west sides of the property.
8. The tanks must be outside of the right -of -way.
9. The septic holding tank system must be installed per plumbers code.
Planning Commission
9150 Great Plains Boulevard Variance Request — Planning Case 2013 -14
July 16, 2013
Page 5 of 5
ATTACHMENTS
1. Findings of Fact and Decision.
2. Development Review Application.
3. Engineering Plans for Highway 101.
4. Public Hearing Notice and Mailing List.
g: \plan\2013 planning cases\2013 -14 6561 \9150 Great Plains Boulevard \staff report.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
Application of The City of Chanhassen on behalf of Wilson Nursery for a variance to permit
installation of sewage holding tanks on property zoned Agricultural Estate (A2) — Planning Case
#2013 -14.
On July 16, 2013, 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 Agricultural Estate.
2. The property is guided in the Chanhassen Comprehensive Plan for residential low density
use.
3. The legal description of the property is described as follows:
E%S%SEA &SE'fiOFNEl4 SE14 &ALSOP /ON%SW%
SECTION 24 LYING SLY OF N 730' AS MEAS ALONG WLY
LINE THEROF & LYING WLY OF CENTERLINE OF HWY 101 AS
SURVEYED EXC: P71 -D MNDOT R-O-W PLAT 10-19, 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 construction of the holding tank(s) may be allowed for structures or pre-
existing dwellings where an SSTS, as described in Minn. Rules, or site conditions, cannot
reasonably be installed as determined by the Department.
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 location of the house adjacent to the street and the right -of -way does not
allow for an alternative septic site. Based on the operation of the nursery and the site
topography, there is not an acceptable alternative site for the septic system. The holding
tank is intended to be temporary until sewer and water are available.
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The purpose of the variance is not based on economic considerations. There is
no viable alternative septic site so the holding tanks will be a temporary solution until
such time as the site develops and municipal services are brought in to the property.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The alleged difficulty or hardship is not a self - created hardship. The septic
system is very old and no record of the system is on file at the City. The contractor
working on the roadway damaged the existing system when installing the new utilities.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: The site is currently being used as a nursery business. The temporary use of
the holding tanks should not alter the essential character of the area.
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 #2013 -15, dated July 16, 2013, prepared by Kate Aanenson, et al, is
incorporated herein.
The Board of Appeals and Adjustments approves a variance for the installation of sewage
holding tanks subject to the conditions in the staff report.
2013.
ADOPTED by the Chanhassen Board of Appeals and Adjustments this 16d' day of July,
CITY OF CHANHASSEN
LWA
Chairman
gAplan\2013 planning cases\2013 -14 \9150 Great Plains Boulevard \findings of fact.doc
VLtAJt
Planning Case No.c' DQ --1
CITY OF CHANHASSEN
7700 Market Boulevard - P.O. Box 147
Chanhassen, MN 55317 - (952) 227 -1100
DEVELOPMENT REVIEW APPLICATION
Address: I Property Owner Name and Address:
Phone: c)S3L- Ja-7-1)G, Fax: Phone: 961 Lks -,4o 8 4 ax:Le &
Email• nehn -y',) C c yvyA a Email: w, lso ra��ee5 C q n
-75
NOTE: Consultation with City staff is required prior to submittal, including review of development
plans
Comprehensive Plan Amendment
Conditional Use Permit (CUP)
Interim Use Permit (IUP)
Non- conforming Use Permit
Planned Unit Development`
Rezoning
Sign Permits
Sign Plan Review
Site Plan Review (SPR)*
Subdivision*
Temporary Sales Permit
Vacation of Right -of- Way /Easements (VAC)
(Additional recording fees may apply)
XVariance (VAR)
Wetland Alteration Permit (WAP)
Zoning Appeal
Zoning Ordinance Amendment
X Notification Sign — $200
(City to install and remove)
X Escrow for Filing Fees /Attorney Cost **
- $50 CUP /SPR/VAC/VAR/WAP /Metes & Bounds
- $450 Minor SUB
TOTAL FEE $ VV6LIV1_-j
An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant
prior to the public hearing.
*Five (5) full -size folded copies of the plans must be submitted, including an 8 %" X 11" reduced
copy for each plan sheet along with a digital coat/ in TIFF -Group 4 ( *.tif) format.
* *Escrow will be required for other applications through the development contract.
Building material samples must be submitted with site plan reviews.
NOTE: When multiple applications are processed, the appropriate fee shall be charged for
each application.
y,AtvhitL
` n' t tL),f 1
PROJECT NA((M��E��: --_ y V 11 � S i ( O``2••
LOCATION: �! �U Gf(�- -4 �,QiYiS l j t
LEGAL DESCRIPTION AND PID: 01 S -a") 2"-1) bG
TOTAL ACREAGE: 313 , pj
WETLANDS PRESENT: YES NO
PRESENT ZONING:
REQUESTED ZONING:
PRESENT LAND USE DESIGNATION:
REQUESTED LAND USE DE IGNATK
REASON FOR REQUEST:
FOR SITE PLAN REVIEW: Include number of existing employees: and new employees:
This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information
and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the
Planning Department to determine the specific ordinance and procedural requirements applicable to your application.
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.
This is to certify that I am making application for the described action by the City and that I am responsible for complying with
all City requirements with regard to this request. 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 have attached a copy of proof of ownership
(either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person
to make this application and the fee owner has also signed 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. The documents and information I have submitted are true and correct to the best of
my knowledge.
!' � - < -13-
Signature of Applicant DaW
ign4ature F of ee ,� Owner Dab
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CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
) ss.
COUNTY OF CARVER )
I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on July
3, 2013, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that
on said date she caused to be mailed a copy of the attached notice of Public Hearing for the
Wilson Variance — Planning Case 2013 -14 to the persons named on attached Exhibit "A ", by
enclosing a copy of said notice in an envelope addressed to such owner, and depositing the
envelopes addressed to all such owners in the United States mail with postage fully prepaid
thereon; that the names and addresses of such owners were those appearing as such by the
records of the County Treasurer, Carver County, Minnesota, and by other appropriate records.
Subscribed and sworn to before nW
this -iCci day of 12013.
wvY:ls
Not Public
Karen J. E gelh dt, De y Clerk
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• ",,. KIM T. ►u1Ft_r °;aiS�,�-
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N.o?ery Innesota
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BRIAN EDDS DANEIL J MUELLER DAVID G DELFORGE
575 SUMMERFIELD DR 587 SUMMERFIELD DR 891 LYMAN BLVD
CHANHASSEN MN 55317 -7645 CHANHASSEN MN 55317 -7645 CHANHASSEN MN 55317 -9161
DAVID R & MARY B BLANSKI
9350 GREAT PLAINS BLVD
CHANHASSEN MN 55317 -8642
GIANETTI PROPERTIES LLC
2899 HUDSON BLVD
ST PAUL MN 55128 -7100
PATRICK A & LAURENE FARRELL
801 LYMAN BLVD
CHANHASSEN MN 55317 -9161
SPRINGFIELD HOMEOWNERS ASSN
7100 MADISON AVE
GOLDEN VALLEY MN 55427 -3602
TIMOTHY S & TAMARA S MILLER
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CHANHASSEN MN 55317 -7645
ERIC W LORENTZSON
591 SUMMERFIELD DR
CHANHASSEN MN 55317 -7645
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5730 YANCY AVE
NEW GERMANY MN 55367 -9327
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599 SUMMERFIELD DR
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851 LYMAN BLVD
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595 SUMMERFIELD DR
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9250 GREAT PLAINS BLVD
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583 SUMMERFIELD DR
CHANHASSEN MN 55317 -7645