PUBLIC HEARING: Consider Variance Request to Permit the Use of a Private Septic System and Well as Part of the Lavern Estates Subdivision at 7009 175th Ave NW (Project No. 17-137); Case of Joshua Peterson

In September of 2017, the City Council approved a Plat known as LAVERN ESTATES (the "Plat"), which subdivides the the property generally known as 7009 175th Ave NW (the "Subject Property") into two (2) lots, one of which would have the existing home on it.  Joshua Peterson (the "Applicant") has indicated that he intends to construct a new single family residential home on the other lot.  As part of the approvals in 2017, the City also approved a Zoning Amendment (from R-1 MUSA to R-1 Rural Developing) and a Comprehensive Plan Amendment (from Low Density Residential to Rural Developing), the latter of the two contingent upon approval by the Metropolitan Council. 

As part of discussions with the Metropolitan Council pertaining to the Comprehensive Plan Update, Staff recommends this Variance step until such time the above referenced Comprehensive Plan Amendment can be included as part of the broader Comprehensive Plan Update, rather than a stand alone Amendment. This will allow the City to react in a much quicker manner and permit the construction of one (1) single-family home as proposed.

City Staff attempted to notify all property owners within 350 feet of the Subject Property of the request via U.S. mail and published a notice of public hearing in the Anoka Union Herald, the City's official newspaper.

The Subject Property is approximately thirty-five (35) acres in size.  As previously noted, the approved Plat creates two (2) lots; one that is approximately four (4) acres in size and has the existing home on it, and the second one would be approximately thirty-one (31) acres in size and is the proposed site for a new residential home for the Applicant.  There is more then enough area to maintain a primary and alternate site for a septic system. 

All of the surrounding parcels are serviced with private wells and septic systems.  In fact, municipal services are not yet north of Trott Brook.  Couple that with the amount of wetlands/floodplains, the fact that the surrounding parcels on the north side of 175th Ave are, by and large, developed lots with unique lot configurations, and the supporting documentation provided by the Applicant from surrounding property owners, were all taken into consideration when the Zoning Amendment was approved last year.
 
This variance would be an interim step to allow the approval of the Comprehensive Plan Update, which will allow the City to look more broadly and avoid any delays in permitting the proposed single-family home.

When contemplating a variance, there is a three-factor test that must be met:

1. The property owner proposes to use the property in a reasonable manner.
2. The landowner’s problem is due to circumstances unique to the property not caused by the landowner.
3. If the variance is granted it will not alter the essential character of the locality.  

The proposed use (new single family home serviced by septic system and well on 31+ acres) is certainly a reasonable use and would not alter the essential character fo the locality.  The City is contemplating other areas that will be re-guided as Low Density Residential and this would satisfy concerns raised by staff at the Metropolitan Council.  However, the timing updating our Comprehensive Plan would push this into 2019.  As this would be an interim solution until such time that the Comprehensive Plan Update is completed, Staff believes this is an appropriate application of a variance.

Alternatives:

Alternative 1: Approve the request for a variance to deviate from the requirement of connecting to municipal services.  In essence, this was supported by the City Council with the approval of the Final Plat of Lavern Estates and the approval of the Zoning Amendment and contingent approval of the Comprehensive Plan Amendment.  The request to allow utilization of a well and septic system is both reasonable and compatible with the surrounding neighborhood.  This is an interim solution until the Comprehensive Plan Update is complete (end of 2018), which will re-guide the Subject Property as Rural Developing; thus, Staff supports this alternative.

Alternative 2: Deny the requested variance.  This action would result in forcing the Applicant to wait until the Comprehensive Plan Update is complete before being eligible to obtain a Building Permit for a new single family residential home.  The Draft Future Land Use Map for the 2018 Comprehensive Plan Update does show this area as Rural Developing and the Zoning Amendment has been approved already by the City Council.  Staff does not support this option simply because it does not seem necessary to delay the Applicant's ability to pursue a Building Permit until that process is complete.

All costs associated with processing the Application are the responsibility of the Applicant.

City Staff recommends granting the variance to deviate from connecting to municipal services.

Motion to adopt Resolution #18-089 granting a variance to deviate from connecting to municipal services.