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ITEM 4.1 5609 Quilley Ave10 OtsTYF o MINNESOTA V DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT: Planning REQUESTOR: City Planner Licht MEETING DATE: 27 June 2016 PRESENTER(s): REVIEWED BY: ITEM #: City Planner Licht Finance Director Flaherty 4.1— 5609 Quilley Ave. Building Official Kohnen Building Inspector Paulson AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends approval of a variance for installation of a subsurface sewage treatment system for 5609 Quilley Avenue. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No. No. BACKGROUND/JUSTIFICATION: Mr. Todd Goepferd owns the existing single family dwelling located at 5609 Quilley Avenue, located east of TH 101 and north of CSAH 36 within the Autumn Woods subdivision. The property owner is proposing to replace the subsurface sewage treatment system (SSTS) serving the existing single family dwelling. Because of the characteristics of the site, the septic designer has identified only one possible site for the drainfield. Building Official Loren Kohnen and Building Inspector Lynn Paulson inspected the property and concur with the septic designer regarding the location of the drainfield. The location of the proposed drainfield encroaches into the 30-foot setback from a surface drainageway bisecting the property required by Section 4-3-3.1-1 of the City Code. The proposed septic system complies with all other applicable requirements of Chapter 4, Section 3 of the City Code. Minnesota Rules 7080.1200, Subp. 3 allows the City Council to approve a variance from the design standards adopted as part of the City Code. A public hearing is not required as the request is not for a variance from the provisions of the Zoning Ordinance. A hardship exists to justify approval of a variance as there is no other feasible location within the property for the proposed drainfield needed to serve the existing single family dwelling. The need for variance is also not caused by the actions of the applicant and is not based on economic considerations. SUPPORTING DOCUMENTS: ❑ ATTACHED ❑ NONE A. Site Location B. Findings of Fact POSSIBLE MOTION Please word motion as you would like it to appear in the minutes. Motion to approve a variance from the setback requirements from a surface drainage system established by Section 4-3-3.1-1 of the City Code subject to the conditions outlined in the findings of fact and decision dated June 22, 2016. BUDGET INFORMATION FUNDING: BUDGETED: a YES NA o NO ACTION TAKEN ❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes) COMMENTS: Exhibit A Overview Legend Roads -- CSAHCL — CTYCL — MUNICL — PRIVATECL — TWPCL Highways Interstate State Hwy US Hwy Citylrownship Limits Cl c at ❑� Parcels P OtCI�ego MINNESOTA APPLICANT: Todd Goepferd 22 June 16 FINDINGS & DECISION SEPTIC VARIANCE APPLICATION: Request for approval of a variance from the minimum setback distance for a subsurface sewage treatment system (SSTS) from a surface drainage system required by Section 4- 3-3.1-1 of the City Code. CITY COUNCIL MEETING: 27 June 2016 FINDINGS: Based upon review of the application and evidence received, the Otsego City Council now makes the following findings of fact: A. The legal description of the property is Lot 4, Block 1, City of Otsego, County of Wright, State of Minnesota. B. The property lies within the East Sanitary Sewer Service District and is guided for low density residential land uses by the Otsego Comprehensive Plan, as amended. C. The property is zoned R-3, Residential Long Range Urban Service District, which allows single family dwellings served by an SSTS as a permitted use. D. The applicant is requesting a variance to allow construction of a drainfield for a proposed SSTS to encroach within the 30-foot setback from a surface drainage system required by Section 4-3-3. H of the City Code. E. Minnesota Rules 7080.1200, Subp. 3 allows the City Council to approve a variance from the design standards adopted as part of the City Code; The need for variance is justified as: a. A hardship exists as there is no other feasible location within the property for the proposed drainfield necessary to serve the existing single family dwelling. b. The need for variance is not caused by the actions of the property owner. C. The need for variance is not based on economic considerations. F. The Request for Council Action dated 27 June 2016 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 and is subject to the following conditions: Construction of the proposed SSTS shall require issuance of a septic permit, subject to review and approval of the Building Official. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: Attest: ADOPTED by the City Council of the City of Otsego this 27th day of June, 2016. Tami Loff, City Clerk CITY OF OTSEGO By: Jessica L. Stockamp, Mayor 2