Minutes - Council - 04/22/1997 - Laserfiche WebLink

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Motion carried. Voting Yes: Mayor Gamec, Councilmembers Haas Steffen, Beahen, Beyer, and Zimmerman. Voting No: None. Case #2: Drainage Concern: 6508 - 171st Lane NW City Engineer Jankowski stated that Loft Farber of 6508 - 171st Lane NW appeared at the Council meeting of April 8, 1997, to discuss an ongoing problem she has been experiencing with lot drainage and her septic system. He explained that her existing septic system was constructed in 1985 when the house was built. The soils were clay and a decision was made to double the size of the required system. The system is in close proximity of the right of way of 171st, is in a low area, and drains by gravity from the house to the system. The problem occurs in heavy rains and snow. Because of the underlying clay soils, it does not perk down - it comes back into the house. Ms. Farber claims that the City is responsible because the septic was installed under the inspection of the City, the City has not provided adequate drainage of storm water which would prevent ponding over her system and the City granted a variance to the property to the west (the Smith property) for the construction of a single-family home whose drainage caused the problem. Mr. Jankowski's response to Ms. Farber's claim that the City is liable because they inspected it is that the purpose of the City septic system code is to protect public health and safety by ensuring minimum standards are met. The code specifies a minimum size of the system's absorption field. These standards were met and, in this case, exceeded. Other than separation distances from wells, the code does not specify citing criteria. This is the obligation of the designer and, ultimately, the property owner. The system was placed in a low elevation to minimize cost. Ponding water backflowing through the system is a consequence of citing the system in a low area. Mr. Jankowski's response to Ms. Farber's claim that the City is not providing adequate storm drainage is as follows: the purpose of the City's roadside ditch is to provide drainage for the City street. In this area the road is well drained. Temporary ponding of water in a road ditch is an acceptable condition as it relates to the City street. The City does have a responsibility for handling drainage from its street system, particularly where mn-off fi.om large areas are directed along a pathway defined by ditches and pipe, or are discharged fi.om such pathways into ponding areas. In this case, there is less than 100 feet of roadway upgrade from the problem point. This hardly constitutes a situation where the City has caused an unusually large concentration of water to accumulate as a result of its street and drainage system. With regard to Ms. Farber's claim that the City granting a variance and allowing the neighboring property to construct a single- family home which caused the mn-off problem, Mr. Jankowski's response is that the existing property west of the Farber property was vacant until the fall of 1992. A variance from the section of City Code which requires 200 feet of frontage was granted by the City Council The property has only 66 feet of frontage, which consists of the western terminus of 171st Lane. The alternative of not granting the variance would have caused the dedication and construction of a portion of 171 st Lane, either with a cul-de-sac or an extension of the street. In either case, it would not have changed the mn-off patterns and would, in fact, have increased the amount of mn-off from paved surfaces. This neighboring property was developed in a reasonable manner and is consistent with the types of structures and landscaping found elsewhere in the neighborhood. Drainage form the property is not excessive or maliciously directed. In his opinion, while the development of the neighboring property may have exacerbated the problem, it did not cause it. The natural topography causes drainage toward Farber's low area. Mr. Jankowski stated that he had personally received a complaint form the property north of the City Council/April 22, 1997 Page 6 of 18