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ITEM 3.5 6662 Oakwood AveOtSeTO Y goF MINNESOTA DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Planning City Planner Licht 13 April 2020 PRESENTER(s) REVIEWED BY: ITEM #: Consent City Administrator/Finance Director Flaherty 3.5 — 6662 Oakwood Ave. STRATEGIC VISION MEETS: I THE CITY OF OTSEGO: Is a strong organization that is committed to leading the community through innovative communication. Has proactively expanded infrastructure to responsibly provide core services. Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. X Is a social community with diverse housing, service options, and employment opportunities. Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends approval for use of a septic holding tank for an agricultural use. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No No BACKGROUND/JUSTIFICATION: Brad Lawinger has acquired the property at 6662 Oakwood Avenue (CR 137). The property previously included a single family dwelling that has been removed and the property is now vacant. Mr. Lawinger is proposing to construct a pole building and greenhouse to operate a hydroponic agricultural business. The property is zoned A-1, Agriculture Rural Service District and the proposed use is permitted. The proposed pole building will include restroom facilities for employees as required by the Building Code. Mr. Lawinger has provided a site plan indicating that the site is encumbered by wetlands and compacted soils that make installation of a septic system with a drain field problematic. The property is also within the west portion of Urban Service Expansion Area E3 where sewer (and water) utilities are not available. Section 9-5-4.D.2 of the City Code makes provision for use of holding tanks for commercial and industrial properties subject to approval of the City Council when an on -site system cannot be provided and sewer utilities are not available. The subject site meets these criteria. City staff supports approval for the use of a holding tank for the proposed agricultural use subject to the conditions specified by Section 9-5-4.D.3 of the City Code. SUPPORTING DOCUMENTS ATTACHED: ■ Site Location map ■ Site plan ■ Findings of Fact and Decision POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE ITTO APPEAR IN THE MINUTES: Motion to approve use of septic holding tank(s) at 6662 Oakwood Avenue (CR 137) subject to the conditions stated in the Findings of Fact and decision as presented. BUDGET INFORMATION FUNDING: BUDGETED: NA Site Location Map Overview Legend Roads — CSAHCL — CTYCL — MUNICL — PRIVATECL — TWPCL Highways — Interstate — State Hwy — US Hwy City/Township Limits c at LE71J Parcels 24910 Territorial Road, Rogers, Minnesota 55374 - 763-428.4489 info(cDencleseptic.com . www.endeseptic.com Project: 6662 Oakwood Ave NE Otsego, MN 55330 Ende Septic Service was called out to the property to locate a septic drainfield site for the proposal of a shed to be built on the property, where the existing house and garage were once located. After extensive searching and soils borings most of the property was found to be wetland, within the 50 foot setback of the wetland or disturbed/compacted soil areas. Two small areas located proved to be undisturbed but the areas referenced were too small in size and too close to property lines to allow the installation of a drainfield. At this point in the spring all of the wetland areas have standing water at the surface of the ground. Due to the inability to install a Type 43, or 4 septic system a Type 2(holding tanks) system is being proposed. Due to City of Otsego ordinance holding tanks are not allowed. A variance request is being sought in order to the make this existing lot buildable. 2-2000 gallon holding tanks are proposed. 1 tank for a single bathroom within the shed and a end tank for floor drain use. Holding tank pumping contracts have been signed and submitted by the homeowner and delivered to the City of Otsego. (See design documentation) /• /rcucupolca 0, Beacon Wright County, MN Overview — 1- '. Legend Roads — CSAHCL — CTYCL MUNICL PRIVATECL -- TWPCL Highways Interstate — State Hwy — US Hwy City/Township Limits c t Water Parcel ID 118500332304 Alternate ID n/a Owner Address LAWINGER,BRAD Sec/Twp/Rng 33-121-023 Class 201-RESIDENTIAL 1055162NDSTNE Property Address 6662 OAKWOOD AVE NE Acreage n/a ALBERTVILLE, MN 55301 OTSEGO District 3003 C ITY OF OTSEGO 885 H Brief Tax Description Sect-33 Twp-121 Range-023 UNPLATTED LAND OTSEGO2PRTOFSWI/4OFNW1/4DES BEG ATPTONWLN 416.08FT S OF NW CO R TH E645FT TH S 165FT TO L N PAR/W & 726.47FT N OF S LN TH W645FT TH N 168.92FT TO POB (Note: Not to be used an legal documents) Date created: 3/17/2020 Last Data Uploaded: 3/17/2020 3:52:14 AM Developed by4wl Schneider GEOSPATIAL r U tSTY F O MINNESOTA V APPLICANT: Brad Lawinger 3 Apr 20 FINDINGS & DECISION SEPTIC HOLDING TANK APPLICATION: Request for approval for use of a septic holding tank at 6662 Oakwood Avenue (CR 137). CITY COUNCIL MEETING: 13 April 2020 FINDINGS: Based upon review of the application and evidence received, the Otsego City Council now makes the following findings of fact: 1. The property is identified as 118-500-332304 2. The property lies within the Urban Service Expansion Area E3 and is guided for future medium -to -hi density residential land uses by the 2012 Otsego Comprehensive Plan, as amended. 3. The property is zoned A-1, Agriculture Rural Service District. 4. The property is required to utilize a subsurface sewage treatment system (SSTS); the applicant proposes to utilize a holding tank in place of a SSTS. 5. Allowance of sewage holding tanks is subject to approval of the City Council only when the criteria outlined in Section 9-5-4.D.2 of the City Code are met: a. Physical conditions upon the property make construction of an SSTS meeting the requirements of this chapter not possible. b. The property does not have access to Municipal sewer as determined by the City. 6. The Request for Council Action dated 13 April 2020 prepared by the City Planner, The Planning Company LLC, is incorporated herein. DECISION: Based on the foregoing information and applicable ordinances, the request is hereby APPROVED, subject to the following conditions: 1. A level alarm shall be installed within the tank that includes an audible horn and strobe light visible from a public street. 2. The property owner shall maintain a contract on file with the building official for pumping the holding tank(s) with a licensed maintenance business and shall submit to the Department of Building Safety records of required pumping and other maintenance annual. 3. Installation of the holding tank shall be subject to review and approval of the Building Official. 1 4. The property shall connect to sewer utilities at such time as service is available as determined by the City in accordance with Section 8-1-3 of the City Code. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 131h day of April, 2020. CITY OF OTSEGO By: Jessica L. Stockamp, Mayor Attest: Tami Loff, City Clerk 2