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D-2. 1190 Lyman Boulevard VariancePROPOSED MOTION: "The Chanhassen Board of Appeals and Adjustments approves a variance to locate a septic system that encroaches into the wetland setback, and adopts the attached Findings of Fact and Decision." SUMMARY OF REQUEST: The existing septic system needs to be replaced. The property owner is requesting a variance to allow them to locate a replacement septic system within the wetland setback. LOCATION: 1190 Lyman Boulevard (PID 25-3530090) 01/ --1 - . APPLICANT: Duane R. Skluzacek 1190 Lyman Blvd. Chanhassen, MN 55317 PRESENT ZONING: Agricultural Estate (A2) 2020 LAND USE PLAN: Residential Low Density (Net density 1.2 — 4.0 units per acre) ACREAGE: 3.49 acres (152,024.4 square feet) 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. - r_' h r d r � � 4 � F✓ t p _ 1. ` Notice of this public hearing has been mailed to all property owners within 500 feet. Planning Commission 1190 Lyman Blvd Variance — Planning Case 2015-15 August 18, 2015 Page 2 of 7 PROPOSAL/SUMMARY The property owner is requesting a variance to the wetland setback to replace a septic system. The proposed septic system will encroach into the wetland setback because it must be designed for four bedrooms, which is larger than the existing two-bedroom design. The applicant has proposed the subject location to preserve mature trees located on the property, south of the proposed site (see gray dots on south side of the property in Image 1). Beyond these limitations, there are numerous additional constraints with locating a septic system on the subject property. APPLICABLE REGULATIONS Chapter 19, Article III, Municipal Sanitary Sewage Disposal System Section 19-41, Connection required Chapter 19, Article IV, Subsurface Sewage Treatment Systems Section 19-67, Amendments Chapter 20, Article II, Division 3, Variances Chapter 20, Article IV, Division 4, Nonconforming Use Section 20-72, Nonconforming uses and structures Chapter 20, Article VI, Wetland Protection Section 20-410, General Standards BACKGROUND The subject home was constructed in 1984 and included a septic system designed to support two bedrooms. Since construction, the home has been remodeled and now has four bedrooms. There is no record in the City's building file of a permit being approved for the additional bedroom remodels. To meet building requirements, the new septic system must be constructed to support the four-bedroom dwelling. The Wetland Protection Section of City Code states that the "septic and soil absorption system must be setback a minimum of 75 feet from the ordinary high water mark of the wetland." Furthermore, along with being set back 75 feet from the wetland, the Subsurface Sewage Treatment Systems (SSTS) Chapter of City Code also requires septic systems to be set back from private single -fancily water supply wells or buried water suction pipes (50 feet), buried pipes distributing water under pressure (10 feet), structures (20 feet), property lines and road right of ways (10 feet), slopes greater than 20 percent (20 feet), and various other features. The existing two-bedroom septic system is located within the 50 -foot well setback, but meets all other setback requirements. City sewer and water service is currently not available to the subject property. The subject property is also over 150 feet from the City's sanitary sewer system; therefore, the owner is not required to connect to the city's sewer system per City Code Section 19-41. Planning Commission 1190 Lyman Blvd Variance — Planning Case 2015-15 August 18, 2015 Page 3 of 7 ANALYSIS The applicant is proposing to construct a mound septic system due to the high water table on the subject property. This septic system will be built to support the four-bedroom dwelling. The applicant is proposing to locate the septic system partially on top of the existing trench septic system and will encroach 25 feet into the 75 -foot wetland setback, creating a 50 -foot setback from the wetland. The applicant has positioned the septic system parallel with elevation changes on the site at the recommendation of staff and as required by septic design requirements. Setbacks The applicant's options are very limited in locating a four-bedroom septic system on the subject property due to the numerous setback requirements. As seen in Image 1 on page 4, the only areas that are allowed by City Code for a septic system are seen in white. As stated previously, the septic system must meet several setback requirements as follows: • Private single-family water supply wells or buried water suction pipes (50 feet) • Buried pipes distributing water under pressure (10 feet) • Structures (20 feet) • Property lines and road right of ways (10 feet) • Slopes greater than 20% (20 feet) In addition to meeting these requirements, there are further limitations on the site due to the existing gravel driveway, drainage system, and slopes. There is an existing gravel driveway located along the north side of the home (see orange area in Image 1). The gravel driveway has caused the soils in this area to become compacted, which will not allow this area to be used to locate a new septic system. 2. On the southern side of the subject property there is a drainage ditch (see dark blue area in Image 1). This area provides a path for storm water drainage to flow into the wetland on the eastern side of the property. It is not recommended that a septic system be located in this location due to storm water drainage in this area (also see elevation in Image 2). The location of a septic system in this area may require re -meandering of the drainage ditch to the wetland. 3. There is a sharp elevation change directly north of the existing house (see brown area in Image 1). This drastic change in elevation (both greater and less than 20 percent) is not conducive with constructing a mound septic system and leads staff to not recommend a septic system be located in this area (also see elevation in Image 2). Planning Commission 1190 Lyman Blvd Variance — Planning Case 2015-15 August 18, 2015 Page 4 of 7 To meet setbacks, staff reviewed the site to determine if it would be possible to locate two smaller systems on the property. This review found that it is not possible to locate two separate systems on the site without encroaching into the setbacks. To minimize impacts, it was determined that the best option is to have one system located on the site that would only encroach on the required wetland setback. Grade As seen in Image 2, the highest elevation on the subject property is along the southern property line. Moving north and east, the elevation begins to drop and becomes relatively flat in the far north and east portions of the property (wetland area). As stated previously, steep slopes north of the house make this area difficult to install a new septic system. There is also a drainage ditch located on the southern portion of the property. This area is thickly wooded and has a significant dip in elevation and would be problematic for a mound system due to the storm water running in the area after precipitation events. (The remainder of this page is intentionally blank) Planning Commission 1190 Lyman Blvd Variance — Planning Case 2015-15 August 18, 2015 Page 5 of 7 Image 1: Setbacks and Structures Proposed Variance Location Alternative Location X 1/` 1.n Pie I Mature Tree Patch I f 1, A cIr"rs .. ----------4-&A.H-*Q -98------4 AAAF-OWLEVAOW--------- r Wetland Proposed Septic System Location - Existing House Gravel Driveway (Compacted Soils) - Drainage Ditch 75 -foot Wetland Setback 20 -foot Structure Setback 50 -foot Well Setback 10 -foot Property Line Setback - Steep Slopes (> 20%) Setback r Wetland Proposed Septic System Location - Existing House Gravel Driveway (Compacted Soils) - Drainage Ditch Planning Commission 1190 Lyman Blvd Variance — Planning Case 2015-15 August 18, 2015 Page 6 of 7 Image 2: Two Foot Elevation Contours 4 w Proposed Variance Site Alternative Site Drainage Ditch t` t mar Water Resources Coordinator Subsurface Sewage Treatment setbacks from wetlands are not included in MN Rules Chapter 7080, but rather are unique to Chanhassen City Code. As the wetland boundary is only assumed based upon general observations of soils and topography, it is indeterminate if the proposed location is actually closer to the wetland than the other location shown on the drawing. The applicant is making an attempt to be sensitive to other natural resources in the siting of the septic system. �y V A Steep Slopes e 4 w Proposed Variance Site Alternative Site Drainage Ditch t` t mar Water Resources Coordinator Subsurface Sewage Treatment setbacks from wetlands are not included in MN Rules Chapter 7080, but rather are unique to Chanhassen City Code. As the wetland boundary is only assumed based upon general observations of soils and topography, it is indeterminate if the proposed location is actually closer to the wetland than the other location shown on the drawing. The applicant is making an attempt to be sensitive to other natural resources in the siting of the septic system. Planning Commission 1190 Lyman Blvd Variance — Planning Case 2015-15 August 18, 2015 Page 7of7 Provided that the design and construction of the septic system is compliant with MN Rules Chapter 7080 and accepted industry practices, there is no compelling reason to deny the variance request. Variances within 500 feet of the Subject Property Based on staff review, there have not been any variances granted within 500 feet of the subject property. SUMMARY The property owner is requesting a variance to construct a four-bedroom capacity mound septic system that encroaches into the 75 -foot wetland setback. This new septic system will be larger than the previous septic system due to a reconfiguration of the home adding two more bedrooms. It is essential that a septic system of this size be constructed to ensure that adequate sanitation system is provided for the property. This new septic system will be located partially on top of the existing trench septic system. The subject site options for locating a septic system of this size is extremely limited due to the setback requirements (house, well, property line, wetland, slopes) and other elements (ditch and compacted soils). Staff has reviewed the site and worked with the applicant and has determined that the proposed site is the optimal location for the new septic system. RECOMMENDATION Staff recommends that the Planning Commission, as the Board of Appeals and Adjustments, approve a 25 -foot variance request from the 75 -foot wetland setback, based on the approximate wetland edge on the survey dated April 24, 2015, to construct a septic system and adopt the attached Findings of Fact and Decision subject to the following conditions: 1. The applicant applies for and receives a building permit from the City. ATTACHMENTS 1. Findings of Fact and Decision. 2. Development Review Application. 3. Registered Land Survey. 4. Affidavit of Mailing of Public Hearing Notice. gAplan\2015 planning cases\2015-15 1190 lyman blvd variance\staff report 1190 lyman blvd.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION IN RE: Application of Duane R. Skluzacek for a variance to construct a septic system that encroaches into the wetland setback on property zoned Agricultural Estate (A2) — Planning Case 2015-15. On August 18, 2015, 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 District (A2). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density. 3. The legal description of the property is: Lot 2, Block 2, Hillside Oaks. 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 subject site is zoned Agricultural Estate District. The purpose of the request is to replace a failing system with one sized for a four-bedroom home. The construction of a septic system is a normal use of the property in the Agricultural Estate District. The applicant's proposal does not encroach further into the required setback than what is required and maintains all other required setbacks. 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's request to construct a septic system within the wetland setback is reasonable. The property is severely constrained with the available siting options of a septic system due to the location of the wetland, water well, existing house, gravel driveway, steep slopes, and property lines. The applicant has no other alternatives for the location of the septic system without negatively affecting the drainage system into the wetland. This alternative location may also require the re -meandering of the drainage ditch to the wetland. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The purpose of the variation is not based upon economic considerations alone. The stated intent is to preserve mature trees and construct a septic system that is built for the number of bedrooms (4) within the home. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The location of the wetland on the property severely limits the septic system locations available to the property owner. This unique circumstance was not created by the landowner (home, property lines, gravel driveway, well, wetland). e. The variance, if granted, will not alter the essential character of the locality. Finding: The granting of the variance will not alter the essential character of the locality. The mound septic system will be unseen from the public and neighboring properties and will help protect the wetland. 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 #2015-15, dated August 18, 2015, prepared by Drew Ingvalson, eta], is incorporated herein. DECISION "The Chanhassen Board of Appeals and Adjustments approves a 25 -foot setback variance from the 75 -foot wetland setback to construct a septic system subject to the following conditions: 1. The applicant must apply for and receive a building permit from the City." ADOPTED by the Chanhassen Planning Commission this 18a' day of August, 2015. CITY OF CHANHASSEN WN Chairman COMMUNITY DEVELOPMENT DEPARTMENT Planning Division - 7700 Market Boulevard Mailing Address - P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1300 / Fax: (952) 227-1110 C24_0 CITY OF CHANHASSEN it ?—/7-/ PLICATION FOR DEVELOPMENT REVIEW /! /�S/!s /lr r et_tn [--- Submittal Date:^J� 't7m'-7S PC Date: CC Date: 60 -Day Review Date: �--t— r (Refer to the appropriate Application Checklist for required submittal information that must accompany this application) ❑ Comprehensive Plan Amendment .........................$600 ❑ Minor MUSA line for failing on-site sewers ...... $100 ❑ Conditional Use Permit (CUP) ❑ Single -Family Residence.................................$325 ❑ All Others .........................................................$425 ❑ Interim Use Permit (IUP) ❑ In conjunction with Single -Family Residence.. $325 ❑ All Others .........................................................$425 ❑ Rezoning (REZ) ❑ Planned Unit Development (PUD)...................$750 ❑ Minor Amendment to existing PUD .................$100 ❑ Ail Others .........................................................$500 ❑ Sign Plan Review...................................................$150 ❑ Site Plan Review (SPR) ❑ Administrative ..................................................$100 ❑ Commercial/Industrial Districts* ......................$500 Plus $10 per 1,000 square feet of building area: ( thousand square feet) 'Include number of existing employees: Include number of new employees: ❑ Residential Districts.........................................$500 Plus $5 per dwelling unit ( units) "tificat161,Sfgn Ueituto install aodre ve)... ...... ❑ Subdivision (SUB) ❑ Create 3 lots or less.........................................$300 ❑ Create over 3 lots ...................... $600 + $15 per lot ( lots) ❑ Metes & Bounds ........................ $300 + $50 per lot ( lots) ❑ Consolidate Lots..............................................$150 ❑ Lot Line Adjustment.........................................$150 ❑ Final Plat ..........................................................$700 Includes $450 escrow for attorney costs* `Additional escrow may be required for other applications through the development contract. ❑ Vacation of Easements/Right-of-way (VAC) ........ $300 (Additional recording fees may apply) bVariance (VAR) ...................................................$200 ❑ Wetland Alteration Permit (WAP) ❑ Single -Family Residence...............................$150 ❑ All Others .......................................................$275 ❑ Zoning Appeal ......................................................$100 ❑ Zoning Ordinance Amendment (ZOA) .................$500 When multiple applications are processed concur r-ppriate fee shall be charged for each application. Property Owners' List within 500' (City to generate after pre -application meeting). [ Escrow for Recording Documents (check all tht apply) ............................. El Conditional Use Permit Interim Use Permit El Vacation Variance ❑ Metes & Bounds Subdivision (number of deeds to be recorded: _) Description of Proposal: Property Address or 51 p L Y vl t/}/V R L V .....- ................-...................$3 per address (,,Waddresses) #lip .. $ 0 er document ❑ Site Plan Agreement ❑ Wtetland Alteration Permit TOTAL FEE Io - Parcel #426--'fa360010 Legal Description: `OT 2 S LOCK N I Lt,te Oiks Total Acreage: . S Wetlands Present? fes ❑ No Present Zoning: ra E4k r_A _ 7- Requested Zoning: _N/A Present Land Use Designation: Existing Use of Property: ❑ Check box is separate narn is attached. Land Use Designation: - NI SCANNED • • • • •— --ffffenel 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: Address: City/State/Zip: Contact: Phone: 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: n �p SA t cc ?c e Contact: u o Ive- Address: 11 5 62 L ) ,AAAI (,4/-vD Phone: 9s'.2—f'3Y 6Wo A City/State/Zip: 6ka„ k®cre-n n 3/7 Email: Signati Cell: Fax: AIJ A Date: -6-- This 6- 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, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements. 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: Address: City/State/Zip: Email: Contact: Phone: Cell: Fax: en h •.•..... Section 4: Notification Information Who should receive copies of staff repo ? Property Owner Via: El Email Mailed Paper Copy ❑ Applicant Via: ❑ Email ❑ Mailed Paper Copy ❑ Engineer Via: ❑ Email ❑ Mailed Paper Copy ❑ Other* Via: ❑ Email ❑ Mailed Paper Copy *Other Con�Inform�ation: t-;-" K�rdz, ame: _ i7 [«a e M&_a Address: -3,711, / 02tj�4 ff. City/State/Zip: Lerk ,w u ss's Email: en h •.•..... Certificate of Survey -for - Duane Skluzacek 1190 Lyman, BLVD. Chanhassen, MN 55317 DESCRIPTION OF PROPERTY, Lot 2, Block 2, HILLSIDE OAKS, Carver County, Minnesota. I hereby certify that this survey was prepared by me or under my direct supervision and that I am a duly licensed Professional Land Surveyor under the laws of the State of Minnesota. AAiy�� 22703 04/24/15 Steven V. (ache License No Date SCANNED PREMIER LAND SURVEYING, LLC 952-443-3010 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 August 6, 2015, 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 1190 Lyman Boulevard Variance Request -Planning Case 2015-15 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 me this jQL�' day of u- 2015. —v Notary Pub 'cam f 11G/i K n J. En lh t, D Clerk I#K'M T. 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O CL ,., 7 0 W U s3>ca=.6 o°c�$`aE NU O=_mwrns�Ema¢Er�'�- -03 10 C7U Z 4 chi BRENT R & KATHLEEN A MILLER CALVENTE BERRIOS NIMROD CARVER COUNTY 1200 LYMAN BLVD 1071 LYMAN CT 602 4TH ST E CHANHASSEN, MN 55317-9168 CHANHASSEN, MN 55317-8535 CHASKA, MN 55318-2102 CHANHASSEN 212 LP 5270 HOWARDS POINT RD EXCELSIOR, MN 55331-8368 DZUNG HOANG NGUYEN 1081 LYMAN CT CHANHASSEN, MN 55317-8535 GRANT C MORRISON 1060 LYMAN CT CHANHASSEN, MN 55317-8535 KENT B & LORI BETH WARNBERG 1111 LYMAN CT CHANHASSEN, MN 55317-8535 MATTHEW L KUTZ 1080 LYMAN CT CHANHASSEN, MN 55317-8535 DAVID M JACOBSON 1100 LAKE SUSAN DR CHANHASSEN, MN 55317-9497 GEORGE J JR & LISA A CEASER 1091 LYMAN CT CHANHASSEN, MN 55317-8535 JAYME D & CAROL R LEE 1380 OAKSIDE CIR CHANHASSEN, MN 55317-9005 KURT A & SARAH J FERDERER 1090 LAKE SUSAN DR CHANHASSEN, MN 55317-9406 MICHAEL D TIMM 1101 LYMAN CT CHANHASSEN, MN 55317-8535 DUANE R SKLUZACEK 1190 LYMAN BLVD CHANHASSEN, MN 55317-9166 GORDON E & ARLENE M SCHULZ 1100 LYMAN CT CHANHASSEN, MN 55317-8535 JOHN E & BRENDA L HILL 1360 OAKSIDE CIR CHANHASSEN, MN 55317-9005 MARK A & REBECCA L ERICKSON 1110 LAKE SUSAN DR CHANHASSEN, MN 55317-9497 RICHARD L & LINDA C NELSON 1070 LYMAN CT CHANHASSEN, MN 55317-8535 RICKY JOSEPH BARTHEL ROBERT J & FRANCINE H JOHNSON STATE OF MINNESOTA - DOT 1090 LYMAN CT 1300 OAKSIDE CIR 395 JOHN IRELAND BLVD 631 TRAN CHANHASSEN, MN 55317-8535 CHANHASSEN, MN 55317-9005 ST PAUL, MN 55155-1801