Scott County

Board of Adjustment

October 8, 2018

6:30PM

Scott County Government Center

County Board Room

200 Fourth Avenue West

Shakopee, MN

SCOTT COUNTY BOARD OF ADJUSTMENT

Scott County Government Center 200 Fourth Avenue West

Shakopee, Minnesota

Monday, October 8, 2018 County Board Room at 6:30 PM

I. ROLL CALL AND INTRODUCTIONS

II. APPROVAL OF SEPTEMBER 10, 2018 MINUTES

III. PUBLIC HEARING 6:30 PM VARIANCE BILL GELOW (PL#2018-084) A. To consider a variance from the required 35’ road right-of-way setback to 28.92’ to construct an

attached garage.

Location: Section 3 Township: Credit River Current Zoning: RR-2

IV. GENERAL & ADJOURN

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SCOTT COUNTY

Board of Adjustment Meeting Minutes

Scott County Government Center 200 Fourth Avenue West

Shakopee, Minnesota

Monday, September 10, 2018

County Board Room at 6:30 PM

I. ROLL CALL AND INTRODUCTIONS

Chair Hartmann opened the meeting at 6:30 PM with the following members present: Ray Huber, Donna Hentges, Gary Hartmann, Lee Watson, Thomas Vonhof, Ed Hrabe, and Barbara Johnson.

County Staff Present: Brad Davis, Planning Manager; Marty Schmitz, Zoning Administrator; Greg Wagner, Senior Planner; Nathan Hall, Associate Planner; Kate Sedlacek, Environmental Health Manager; Karen Kreuser, Administration; Tom Wolf, County Board Commissioner; and Deputy Clerk to the Board, Dianna Gerold.

II. APPROVAL OF MAY 14, 2018 MINUTES.

Motion by Commissioner Barbara Johnson; Second by Commissioner Vonhof to approve the 05/14/2018 minutes. The motion carried with a vote of 6 ayes; and Commissioner Hartmann abstained from voting.

III. PUBLIC HEARING 6:30 PM VARIANCE Tim and Jody O’Loughlin (PL#2018-070)

1. To construct application for variance from the required 10’ property line setback to encroach within the township road right-of-way to install a replacement septic system.

Location: Section 13 Township: Jackson Current Zoning: UERC

Greg Wagner and Kate Sedlacek presented the staff report for this application. The specific details within the staff report and a video are available on the Scott County Website September 10, 2018 Planning Advisory Commission Agenda Packet

For the Staff report please click on the download arrow and click on Agenda, Save and Open. Please open the bookmark at the top of the page and click on the O’Loughlin Variance. The video of this meeting is also available for viewing if you would click on the media button to the left of the agenda.

Questions from the Commissioners:

Commissioner Hartmann spoke to the owner, Jody O’Loughlin, and she indicated they hope to someday sell the extra lot. In this case, it doesn’t make sense to use the extra lot for placement of the septic system. On the west side of the house, the stormwater runs right along the property line. That shouldn’t be a concern for this drainfield should it? Ms. Sedlacek responded saying the septic installer will be able to grade the site so the water surface can get around.

Commissioner Huber asked if the vacant ½ acre parcel which was platted in 1967 was grandfathered in. Mr.

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Wagner responded by saying the lot is a legal lot of record. The lot is eligible for a building permit; however, the front half of the lot appears to have been wetland at one time and there are now tiles draining it. It is eligible for building; however it may not be buildable due to the inability to get a legal septic system. The applicant or property owner would have to prove to the county through the building process that they can build on the lot and have a functioning septic site. If they can’t get a Type 1 septic system they won’t be able to build on that lot.

Commissioner Johnson asked if perhaps the owner should consider a shared septic system for both lots. Ms. Sedlacek replied it would be a good idea to look into this possibility; however she wasn’t sure there would be enough room for a large enough septic system for two homes. The current home is four bedroom and the current mound is eighty (80) feet long.

Commissioner Huber commented that if they had the shared septic system the size of the home on Lot 4, Block 2 would be quite restricted. Ms. Sedlacek responded saying it would be a small home.

Commission Vonhof asked how the septic site would be monitored. Ms. Sedlacek responded saying they do have the ability to require monitoring since it is a Type 3 septic system. The monitoring of a Type 3 Septic System is done on a case by case basis. The environmental department will sit down with the septic designer to determine the appropriate frequency for monitoring and what they will specifically look for. They may look for water quality, signs of stress on the system, dying, green, or wet grass.

Commissioner Huber asked about annexation and when Shakopee will come into the area with water and sewer. Mr. Wagner replied annexation is negotiated between the City and Township, so it is not known, but at the last variance hearing it was indicated that it could be several decades.

Commissioner Johnson asked that if the mound would be five (5) feet high would there be any sight implications? Mr. Wagner replied saying potentially there would be some issues, possibly some an obstruction of view around the curve in the road.. This is a Township road and they did approve the variance request.

Commissioner Johnson asked if the possibility of large amounts of snow when they plow the snow would have an impact on the functionality of the septic system? Ms. Sedlacek responded saying the standard amount of snow is not a concern. If additional snow is getting piled on the septic system it would be the homeowner’s responsibility to do their due diligence to take care of it.

Commissioner Watson asked to speak to the designer, Charlie Bohn. Have you done anything like this previously by putting a Type 3 Septic System over a previously existing system? Mr.Bohn responded saying yes, in this addition, Credit River, Casey’s addition and Marystown.

Commissioner Watson continued by asking have you had any issues with these installations? Mr. Bohn responded saying no there haven’t been any issues.

Commissioner Watson asked have there been any issues with drainage and snow? Mr. Bohn responded by saying they moved the mound to the east so there would be drainage alongside of the mound. Mr. Bohn wasn’t worried about the snow issue because it will be placed on the landscaped portion of the mound. The pipes are up about 20 feet. He wouldn’t have designed it if he was worried about it.

Tom Weckman, Jackson Township Chair, said the applicant was at the Township meeting and they are between a rock and a hard place. The Township currently has an agreement being drawn up by the Jackson Township lawyer for the right-of-way encroachment.

Chair Hartman opened the meeting up to the public. Noting no comments from the public there was a motion by Commissioner Vonhof; second by Commissioner Hrabe to close the public hearing.

Motion by Commissioner Watson; second by Commissioner Vonhof to approve the variance from the required 10’ property line setback to allow installation of a replacement Type 3 Subsurface Sewage Treatment System knowing that Staff has recommended replacing the system on the adjacent lot; however Scott County cannot compel this solution since the lot is a separate legal lot of record to be located at 12635 North

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Shannon Drive as described by Bohn Well Drilling Company.

The motion carried with a vote of 6 aye; and 1 nay.

Criteria for Variance Consideration: 1. Granting the variance will not be in conflict with the Comprehensive Plan.

The Comprehensive Plan states that Scott County enforce Individual Sewage Treatment System regulations consistent with State law and the MPCA rules.

2. Exceptional or extraordinary circumstances apply to the property which do not generally apply to other properties in the same zoning district or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property since the enactment of this Ordinance had no control.

The current septic system is failing and has a discharge to the ground surface that is a public health threat and an issue for ground and surface water within the area.

3. The literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance.

The provisions of the Scott County Sewage Treatment System Ordinance are intended to allow for treatment of wastewater effluent according to rules established by the State of Minnesota and the MN Pollution Control Agency. The Ordinance regulations are intended to protect the surface and ground waters within Scott County and promote the public health and general welfare of its residents. Type 3 systems are only allowed under Ordinance for existing dwellings when a Type I treatment system cannot be accommodated since a Type 3 system requires ongoing management and monitoring.

4. That the special conditions or circumstances do not result from the actions of the applicant.

The property was platted in 1967 with unknown review for wastewater treatment area.

5. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district.

Other landowners within Glen Ellyn Park and similar lots have installed replacement Type 3 systems.

6. The variance requested is the minimum variance which would alleviate the practical difficulty.

The requested variance would result in a zero foot property line setback and a portion of the septic mound would encroach within the township road right-of-way.

7. The variance would not be materially detrimental or will not essentially alter the character of the property in the same zoning district.

The variance would allow a replacement system to stop an existing surface discharge.

8. Economic considerations alone do not constitute a practical difficulty.

Replacing a non-compliant septic system does not have any economic considerations.

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V. GENERAL & ADJOURN

Motion by Commissioner Watson; second by Commission Johnson to adjourn the meeting at 7:00 PM. The motion carried unanimously.

Gary Hartmann Chair, Board of Adjustment

Date

Deputy Clerk to the Board