4300 Watertown - Condemnation Hearing Info

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To: Lisa Berg, Hennepin County Attorney's Office From: Michael P. Gaffron, Senior Planning Coordinator Date: December 2, 1999 Subject: 4300 Watertown Road - James Johnson Property -Brief Analysis of Septic Testing Summary The on-site sewage treatment system site evaluation work completed by SP Testing found four acceptable sites for sewage treatment systems within the area of Lots 1-2-3 Block 1. These four sites would accommodate 2 single family homes,each home requiring two sites(a primary and an alternate). SP Testing has suggested a lot line rearrangement that would accommodate two homes on these three original lots. Analysis The testing was completed on the premise that each of these three original lots were individually buildable prior to the taking for road right-of-way*. It is impossible after-the-fact to know for sure whether the area taken from each lot contained septic sites, since those areas now have been regraded. Likewise, it is impossible now to determine for sure whether the area taken up by Johnson's berms contained septic sites. What can be determined is where there are septic sites on the remaining,relatively undisturbed portions of the three lots. The primary criteria for defining whether suitable septic sites exist are: 1. Must be undisturbed soils (no cutting or filling)(State Code) 2. Must have at least 12" depth to mottling (indicator of seasonal saturation)(State Code) 3. Must have slopes less than 6% for mound system (Orono code limitation) 4. Must have perc rates within specified limits (State Code) 5. Must have an area large enough to construct a mound system for the size house to be constructed(Orono Code requires sites be tested to have capability for 5-bedroom homes, which are typical in this area; this usually means an area for each septic site of about 50'x100' meeting 20' setbacks from house, lot lines, etc.) SP Testing's reports show that on Lots 1 and 3 there are substantial areas that would not meet one or both of the first two criteria. It also then shows that the suitable areas meeting criteria 1, 2 and 3 are located in the southwesterly portion of Lot 1,over most of Lot 2,and in the northeasterly portion of Lot 3. The problem this poses is three-fold: a) the septic sites on Lot 3 necessarily overlap into Lot 2; *The City does not agree with this premise because all three lots plus Lots 1-2 Block 2 and Outlot A were legally combined prior to issuance of a permit for construction of the home at 4300 Watertown Road,which building permit relied on the legal combination to create a lot containing at least 5 acres and a street setback of at least 100'. It is the City's position that the entire property including Lots 1-2-3 Block 1, Lots 1-2 Block 2 and Outlot A, is a single property for zoning purposes. It is the City's position that the three lots were not individually buildable prior to the taking.