5.4 ITEM 5.4.
ity of
A
River MEMORANDUM
TO: Planning Commission
61
FROM: Kendra Lindahl, Zoning AssistanA i
DATE: May 28, 1996
SUBJECT: Variance Request by Diane Tyson and
Michael Schwingle, Public Hearing
Case No. V 96-04
Request
The applicant is requesting a variance for a 5 foot setback from the garage,
and a variance for a 35 foot shoreland setback from the Elk River for a septic
system.
Location
• 18741 Yankton Street NW, Part of the NW 1/4 of the NW 1/4, Section 31,
Township 33, Range 26, PID #75-131-2205 and 75-463-0080.
Zoning/Land Use
R-lb (Single Family Residential)/MR (Medium Density Residential)
Attachments
• Location Maps
• Site Plan
• Letter from Jon Christensen
Background
The existing septic system at 18741 Yankton St. NW is failing. Staff
inspected the site with the installer, Leo Deschenes, and found that there is
not sufficient room for the applicant to place a new septic system on the
property and still meet all required setbacks. Staff reviewed options with
designer Jon Christensen, and we believe that his proposal is the most logical
solution.
•
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
Memo to the Planning Commission Page 2
May 28, 1996
The applicant is proposing to purchase the adjacent parcel of land (Lot 10,
• Sixth Plat of Camp Cozy) for the purpose of providing room for the septic
system. The purchase of this land is contingent on approval of the variance.
The proposed location is the only available location that is above the
watertable and floodplain.
The designer is proposing a pressurized system. The proposed septic system
should have enough lateral to treat coliforms and nitrates. The system
should be graded away from the river to reduce any potential contamination
problems.
The current ordinance requires a 75 foot setback from the ordinary high
water mark for septic systems. The applicant is requesting a 40 foot variance
for a 35 foot setback from the ordinary high water mark. The applicant is
also requesting a variance for a 5 foot setback instead of the required 20 foot
setback from any structure.
Staff had a preliminary discussion with Dan Lais of the DNR-Division of
Waters and indicated that, in staffs opinion, this variance is the best solution
available. The DNR will review this item and get a letter to the City Council
outlining their position.
• Variance
This property is subject to the normal standards found in section 900.40 of
the Elk River Ordinance which states that a variance may only be granted if
it meets those five conditions. Because this property is in the Shoreland
Management area, Council shall also consider the following:
I. whether the applicant has reasonable use of the land without the
variance;
II. whether the property is used seasonally or year-round;
III. whether the variance is being requested solely on the basis of
economic considerations;
IV. the characteristics of development on adjacent properties.
In staffs opinion, this applicant very clearly shows a hardship in that there is
no room to place a new septic system on the property. They are required to
have a septic system on site and the only way they will be able to do that is to
get a variance on the setbacks. If the variance is not granted, the applicant
will lose all use of the land as a residence.
•
s:\planning\ke n dra\v96-04.doc
Memo to the Planning Commission Page 3
May 28, 1996
• Recommendation
Staff recommends approval of the variance for a 5 foot building setback and a
35 foot shoreland setback for the purpose of installing a septic system with
the following findings and conditions:
Findings
1. Literal enforcement of the ordinance would cause undue hardship by
denying the applicant full use of the property. Without a variance, no
septic system can be placed on the property and the property would not be
usable as a dwelling.
2. The hardship is caused by special conditions of the land which make the
proposed location the only available site above the watertable and
floodplain.
3. Literal application of the ordinance would deprive the petitioner of rights
enjoyed by other property owners in the same district by denying them
use of their land as a residence.
4. The variance will not adversely affect the neighborhood or residents of the
city and will be in keeping with the spirit and intent of the ordinance.
Replacing the failing septic system will reduce any harmful
III
environmental impacts caused by the failing septic system.
Conditions
In order to protect this environmentally sensitive area, staff recommends
approval with the following conditions:
1. Adjacent property will be purchased and combined with the existing lot
for location of the drainfield. Applicant will provide the city with a copy of
the lot combination prior to receipt of a building permit.
2. Septic system will be constructed according to the conditions outlined in
the letter from Jon Christensen.
3. The top grade of the septic system will be graded away from the Elk
River.
4. Approval of this project is contingent on DNR approval.
•
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LOCATION
City of MAP
Elk River
13065 Orono Parkway • P.O. Box 490 CASE: V 96.04
Elk River, MN 55330
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CASE:V 96-04