Memorandum

City of Lawrence

Utilities Department

TO:	David L. Corliss – City Manager Diane Stoddard – Assistant City Manager Casey Toomay – Assistant City Manager Brandon McGuire – Assistant to the City Manager
FROM:	Andy Ensz – Project Engineer
CC:	Dave Wagner – Director of Utilities Mike Lawless – Deputy Director of Utilities Philip Ciesielski – Assistant Director of Utilities Scott McCullough – Director of Planning and Development Services Sandy Day – Planner Scott Wagner – Management Analyst
DATE:	April 1, 2015
RE:	Approve the request by the property owner for variance from City Code 9-107 with respect to 4520 Bauer Brook Court.

Background/Project Description

The Department of Utilities has received a request made by Greta Carter-Wilson on behalf of Scot Pollard for variance from City Code 9-107 with respect to 4520 Bauer Brook Court. The request is to allow a septic tank to be installed on the property in lieu of constructing a sanitary sewer extension to the lot.

City Code 9-107 does not allow construction of a septic tank within City limits. City Code 9-107 states, “No person shall use, construct or maintain any cesspool or septic tank for the reception of sewage, waste or offal, upon any premises owned or controlled by such person within the City.”

This property is part of the Bauer Brook Estates that was annexed and rezoned in 2008. A benefit district was formed to finance extension of City water and sanitary sewer services; however, bids for construction of the waterline and sanitary sewer improvements exceeded the maximum assessment and were rejected.

Properties on the south side of Bauer Brook Court have access to the Free State Interceptor sewer constructed in 2007 (map). Two of the six existing homes with access to the Free State Interceptor sewer are connected to the sewer; the other four homes have septic tanks. Properties on the north side of Bauer Brook Court (including 4520 Bauer Brook Court) do not have access to the Free State Interceptor sewer. The one existing home on the north side of Bauer Brook Court has a septic system.

The Lawrence-Douglas County Health Department requires a minimum lot size of three acres for a septic system if a public water supplier serves the lot. A minimum lot size of five acres is required for a septic system if the property has a private well. The minimum of three acres applies since Douglas County Rural Water District No. 1 serves Bauer Brook Estates. 4520 Bauer Brook Court is 8.6 acres.

The variance request states that the property will remain as one lot and will not be split. Due to the size of the lot, it could be split into two lots that both exceed the Health Department’s minimum size requirement to allow a septic system. If the lot is split in the future, a separate request for variance from City Code 9-107 will be required prior to splitting the lot, which may or may not be approved.

The final plat recorded in 2008 includes notes pertaining to the benefit district and sanitary sewer improvements. Note 7 states “this subdivision will be connected to sanitary sewer upon annexation or within 7 years of plat approval, whichever occurs first.” This note was based on the assumption that the sanitary sewer improvements would be constructed. Since the sanitary sewer bids were rejected, connection to the sanitary sewer was not possible for the properties on the north side of Bauer Brook Court.

Staff Recommendation

Department of Utilities staff recommends granting the request for variance from City Code 9-107 with respect to 4520 Bauer Brook Court. Granting this variance request will allow construction of a septic tank within the City limits. Factors supporting this request are 1) the lot size meets the Lawrence-Douglas County Health Department minimum requirements; 2) existing homes in the subdivision have septic tanks; 3) the previous attempt to extend the sanitary sewer exceeded the benefit district maximum assessment.

Action

Approve the request by the property owner for variance from City Code 9-107 with respect to 4520 Bauer Brook Court.