HomeMy WebLinkAboutSUNDI LAKE S-3742A
MUNICIPALITY OF ANCHORAGE
DEPARTMENT OF HEALTH & ENVIRONMENTAL PROTECTION
Environmental Health Division
CASE REVIEW WORKSHEET
CASE NUMBER: DATE RECEIVED: COMMENTS DUE BY:
S-3742A December 13, 1985 December 30, 1985
SUBDIVISION OR PROJECT TITLE:
Lots 10A, 10B Block 2 Sundi Lake Subdivision - Condition of Approval Removal
( ) PUBLIC WATER AVAILABLE ) PUBLIC SEWER AVAILABLE
( ) COMMUNITY WATER AVAILABLE
./
71-014 (Rev. 5/83)
unicipality of Anchora
MEMORANDUM
DATE:
February 26, 1986
TO: Bill Manns, Acting Division Manager
Environmental Quality Services Division
FROM~ Jerryn T. Weaver, Jr., Platting Officer
SUBJECT: S-3742A Sundi Lake Subdivision
S-3742A Sundi Lake Subdivision has been scheduled for the
March 5, 1986 Platting Board Meeting, at 7:30 p.m., 3500 East
Tudor Road. It is number three on the agenda under New Business.
When this case came up previously before the Board it was post-
poned for further review, and the Board specifically requested
a representative from Healthand Human Services be present at the
next public hearing concerning this case.
Attached is a copy of the agenda and packet.
11s/38
(5/78)
unicipalitYof
P,O. BOX 196650
ANCHORAGE, AL,ASKA 99519-6650
(907) 264-4111
February 24, 1986
TONY KNOWLES,
MAYOR
DEPARTMENT OF HEALTH & HUMAN SERVICES
Mr. Randall E. Farleigh
601 West Fifth Avenue, Suite 510
Anchorage, Alaska 99501-2263
Re: Planning Case #S-3742A, Deletion of Plat Note Request by Joe Owens
Sundi Lake Subdivision, Block 2, Lot 10A and B
Dear Mr. Farleigh:
Mr. Owens and Mr. Barter did meet with me and Mr. Robinson on February
12, 1986. I had one very basic question of Mr. Owens: "what has changed.
since the plat note on Lot 10B was originally required to mitigate the
circumstances which caused the note to be put on the plat for Lot 10B."
As of this date I have only been shown a note by Mr. Owens from the State
Department of Environmental Conservation(DEC) that there existed a disposal
site on Lot 10B. The note from DEC did not address the issue of Lot 10A
or any mitigating facts to consider the removal of the plat note on Lot lOB.
Mr. Owens was fully aware that an on-site septic system could not be put
on Lot 10B when he purchased the property. Basically the circumstances
today are the same as in 1976 and the lot needs to be served by public
sewer before any type of development can be done on Lot 10B.
Sincerely,
Bill Mans
Acting Division Manager
Environmental Quality Services Division
BM/ljw
cc: Jerry Weaver, Platting Board
RANDALL E. F'ARLEIGH
THOHAS WALDOC K
February 19, 1986
LAW OFFICES OF
FARLEIGH & WALDOCK
su,~£ ~X 510
ANCHORAGE, ALASKA 99501-2263
Mr. Bill Mann
Dept. of Health & Human Services
Environmental Conservation Division
825 L Street, Fourth Floor
P. O. Box 19-6650
Anchorage, Alaska 99519-6650
Re:
Platting Case No. S-3742A, Deletion of Plat
Note Request by Joe Owens, Sundi Lake
Subdivision, Block 2, Lot 10A and B
TELEPHONE
Dear Mr. Mann:
This office represents Mr.. Joe Owens, the owner of Lot 10B,
Block 2, Sundi Lake Subdivision, in his current petition for
removal of a plat note which prohibits his lot from being
developed until public sewer is available. Based upon the recent
failure by the Municipal Assembly to approve public sewer for the
area, the Anchorage Wastewater Utility indicates that extension
of sewer to the area is not anticipated in the foreseeable
future. The current lot was created from what was originally Lot
10 in 1976, at a time when it was thought that public water and
sewer would be available in a relatively short time. That is no
longer the case. Lots 10A and 10B are no longer under common
ownership, and during the elapse of 10 years since the plat note
was added to the plat, the current septic system in effect on Lot
10A has performed satisfactorily. While apparently the wood
cribs in the system on Lot 10A required the system to be revised
prior to the implementation of the plat note, there has been no
failure since the plat note was added during the past 10 years.
In any event, as indicated in Mr. Tony Barter's original report
of October 12, 1985, a copy of which was previously transmitted
to the Municipal Health Department, the adjoining Lot 10A
currently has two alternative absorption field sites, should the
existing septic system fail. Furthermore, Lot 10B, for which the
plat note is sought to be deleted, also has a site capable of
supporting an initial system and two alternate sites, and has
approximate surface absorption area available to it of approxi-
mately 20,000 square feet. Soils reports demonstrating the
suitability of the soils under existing requirements have also
been submitted.
Mr. Owens and his engineer, Mr. Tony Barter, met with
yourself, as well as Mr. Robby Robinson on February 12,. 1986. At
Page 2
your request, Mr. Owens and Mr. Barter met with Mr. Bruce
Erickson of the Department of Environmental Conservation on
February 18, which agency again confirmed the existence of at
least one alternate site on the current Lot 10A, reducing the
necessity of the utilization of Lot 10B for that purpose. Again,
the DEC confirms the nonexistence of any regulation which would
prohibit the development of Lot 10B based upon square footage.
The undersigned has reviewed the proposed ordinance which
would create a minimum, square footage requirement of 40,000
square feet for new subdivisions. Even under the terms of that
proposed ordinance, existing subdivisions such as Lot 10B would
not be affected. In fact, enclosed is a copy of a Municipal
Health Department analysis of the affect of the proposed ordi-
nance on existing lots of less than 40,000 square feet, which
clearly indicates that there are no minimum specific lot sizes
proposed in the ordinance for lots of record, as long as the lot
is capable of supporting at least one septic system and a
replacement system.
Based upon all the technical data submitted by Mr. Owens and
his engineer, neither Mr. Owens, his engineer, nor the under-
signed have received any specific technical objection from the
Health Department or Department of Environmental Conservation
which suggests'that the existing lot of record, Lot 10B, cannot
be satisfactorily developed, either under existing requirements
or under the proposed revision in the Anchorage onsite wastewater
ordinance.
In view of the fact that the initial comments on the peti-
tion for removal of the plat note to the Planning Department by
the Department of Health contain some erroneous conclusions based
upon a misunderstanding of the technical data submitted (i.e.:
that there was no replacement site for disposal on Lot 10A; that
there was not shown to be an original and two replacement sites
for sewage disposal on Lot 10B, and that a 40,000 square foot
minimum lot size was required), we are most interested in making
sure that the Municipal Health Department has had an opportunity
to review and ascertain the true facts. Following our meetings
with Municipal Health Department personnel and members of the
Department of Environmental Conservation, it is Mr. Owens' belief
that no technical objection to the deletion of the plat note
exists. We assume that if the Municipal Health Department wishes
to object to the deletion of the plat note on technical reasons,
prior to submitting its comments to the Platting Board, it will
afford Mr. Owens and his engineer an opportunity to addres.s any
such further factual misunderstandings.
However, based upon the previous meetings with Health
Department and DEC personnel, it appearing there are adequate
alternate sites on both Lot 10A and 10B, we assume the Municipal
Health Department will be candid with the Platting Board in
stating that no technical reasons exist for objecting to the
deletion of the plat note. We note that in the past, the Health
Page 3
Department has granted approval to numerous onsite septic systems
of 20,000 square feet, and in view of the fact that this is a lot
of record of more than 10 years with adequate soils, we presume
that the Municipal Health Department will adequately reassess the
position previously taken in this matter. While the Municipal
Health Department retains some discretion on the matter, the
basis for the exercise of that discretion should be clearly
stated for the record.
Very truly yours,
FARLEIGH
By
& WALDOCK
Ran~. Far31eigh/
REF:bw
Enclosure
cc: Joe Owens
Platting Board File
Municipality of Anchorage
MEMORANDUM
DATE:
February 24, 1986
TO:
FROM:
SUBJECT:
JoAnn Contreras, Planning Department
Susan Oswalt, Program Manager, On-site Services
S-3742A: Sundi Lake Subdivision
This department wishes to reiterate its position on the above case. The
original memo sent to you during the review process outlined reasons for
our objection.
It was clearly the intent and language of the plat note that:
1) No development should occur on the vacant lot.
2) The vacant lot area was to be left available, should the need
arise, for replacement disposal sites for the duplex.
After reviewing information the petitioner has submitted, we find no change
in conditions which existed at the time of the original subdivision.
It is also the department's position that removal of the plat note will have
the effect of creating a new subdivision which contains lots with less than
40,000 square feet.
We continue to offer strong objection to the application.
SEO/ljw
' ' : SUMMARY OF ACTIOM
Platting Board Meet£ng
January 22, 1986
Page 5
Dedicating a total of 35' from centerline for
Dora Avenue°
12. Placing a note on the plat: "No direct access
to Dora Avenue except in the 1st 100 feet from
Old Seward Highway°"
]3° Placing a note on the plat: "No direct vehi-
cular access to Snowshoe Lane."
3o S_8363~DOWLING SUBDIVISION:
Postponed to the February ~9 meeting.
4. S-7034A SOLARSET VILLAGE SUBDIVISION
Request for the note on the plat be changed to
allow access to Lore Road was denied.
J 5. S-3742A SUNDI LAKE SUBDIVISION
Postponed for 30 days, or the next available
agenda.
The meeting adjourned at 1]:00 midnight.
jc20/bsoa5
Planning Staff AnalYsis
Case No. S-3742A
Page 2
Anchorage Department of D.E.Q. or its successor
requires the installation of such system for the
purpose of serving the residence located on Lot
10A. Said easement shall automatically be vacated
when public sewer services are available to serve
both lots.
FINDINGS:
DHHS recommends denial of the request for the
following reasons:
me
The dwelling on Lot 10A is a duplex and is
served by a Class C well. Although a 120 foot
protective radius around the well was origi-
nally required, a 150 foot radius is required
for any new sewer installation (under current
state regulations). That requirement vir-
tually eliminates any replacement site for
disposal on Lot 10A. It is highly improbable
that the system now serving Lot 10A will last
indefinitely.
The engineer has failed to show an original
and two replacement sites for sewage disposal
on Lot 10B; the third site encroaches on the
right-of-way and would necessitate a DHHS
waiver.
C4
The proposed lots will not meet the minimum
lot size criteria established by this depart-
ment (40,000 square feet per lot).
de
The proposed lots do not possess the minimum
reserved sewage disposal area (based on soils)
of 10,000 square feet (Lot 10A has 1,622
square feet and Lot 10B has 2,286 square
feet).
The applicant originally asked the department
to review thef'~-~removal based on extension
of community w--a-t~'r from 10A to 10B. At the
time of the original review we were still sup-
porting lots of 20,000 square feet which were
supplied public water. Since then the appli-
cant has decided on a private well. In addi-
tion, this department no longer supports any
Planning Staff
Case Noo
Page 3
Analysis
S-3742A
lot development, with on-site sewage cisposa
which is less t~an 40,000 square feet.
PAST SURROUNDING LAND USE:
S-3742 7/15/75
Sundi Lake Subdivision -
Platting Board approved a 2 lot
plat.
RECOMMENDATIONS:
Denial.
COMMENTS:
Lot 10A has a duplex which existed at the time of replat.
As indicated in the back up documents supplied by DHHS the
septic system has had to be upgraded due to septic failure.
It was made clear to the developer at the time the property
was replatted that another septic system would not be
allowed and that development of Lot 10B could not occur
until public services were available.
The property is zoned R-1.
Concurred by:
Prepared by:
005
~ ~Bi fl Luria Director
jc19/bpsa16
Ann Con%reras
sociate Planner
December 10, 1985
FARLEIGH <~ WALDOCK
SU,T£ X~]~X 510
ANCHORAGE, ALASKA
006
Mr. Jerry Weaver
Office of Platting & Zoning
Municipality of Anchorage
P. O. Box 196650
Anchorage, Alaska 99519
Re: Request for Deletion of Plat Note
Dear Mr. Weaver:
Please be advised that our firm is representing Mr. Joe
Owens, the owner of real property legally described as Lot 10B,
Block 2, Sundi Lake Subdivision, according to PlatJ 76-7,
Anchorage Recording District, being a replat of Lot 10,--~lock 2,
Sundi Lake Subdivision, which replat is dated January 12, 1976.
Mr. Owens herein requests the deletion of the plat note appearing
thereon entitled "Temporary Open Space and Onsite Sewer System
Easement Note", which note appears to create an undefined,
free-floating servient estate or servitude of the entire lot for
the benefit of the dominant Lot 10A, under separate ownership.
Applicant, Joe Owens, herein submits a check for $350.00 for
the public hearing fee. Also enclosed is an October 12, 1985
report of Barter & Associates, Tony D. Barter, P.E., addressed to
the Municipality of Anchorage, Department of Health & Environ-
mental Protection, which report was prepared at the request of
Joe Owens to facilitate the deletion of the subject plat note Lo
permit the lot's development. It was designed to demonstrate the
unreasonableness and lack of need of such a servitude for the
protection of the adjacent lot (Lot 10A).
Applicant herein requests a hearing be scheduled to permit
the recommendation and approval of the deletion of the subject
plat note by resolution.
Basis for Request
Approximately 10 years ago, when Lots 10A and 10B were under
common ownership, the then current owner subdivided Lot 10 into
Lot 10A and Lot 10B. At the time of the resubdivision, and
continuing to the present date, no municipally supplied water and
sewer utility services were available in this area. Apparently
at the time of the resubdivision, that portion of Lot 10 that
became Lot 10A was then developed with a multi-family dwelling.
Page 2 007
An attempt was made to anticipate the possible failure of the
then sewage-septic system serving the developed structure on what
became Lot 10A. That took the form of the subject servitude,
reserved to utilize the serface of the adjacent lot for a septic
drainfield, should it become necessary, which easement or servi-
tude would be vacated when the anticipated public sewer services
became available. However, the wording of the plat note, itself,
specifically prohibits Lot 10B from being developed in any way
until public sewer service is available. The language of the
plat note contemplated that the purpose of the easement and
restriction on Lot 10B was "temporary", in view of the antici-
pated availability of public sewer services.
Subsequently, applicant Joe Owens purchased Lot 10B. Mr.
Owens anticipated the availability of municipal sewer and water
and, in fact, voters of the area voted for the creation of a
water and sewer improvement district to permit the needed utility
services to be provided. However, Mr. Owens understands that in
January or February, 1985, the Anchorage Municipal Assembly voted
against the creation of a sewer and water district, and applicant
Owens has been informed by Mr. Bennett of the Municipal Water and
Wastewater Utility that it is unlikely that the City will extend
the sewage services to the area in the near future. Mr. Owens is
now, therefore, faced with a lot which is virtually without value
in its present condition, being undeveloped and not subject to
lawful development so long as the plat note continues to affect
the property.
The primary reasons for the requested deletion of the plat
note are as follows:
o The continuation of the plat note constitutes an unreason-
able restriction and encumbrance upon the usefulness of the
realty, which is contra to public policy.
o The adjacent lot has not needed and has not utilized the
easement during the past 10 years, and it is unlikely that
it will ever require the use of said lot as a septic drain-
field. The owner of Lot 10A is not believed to harbor an
objection to the release of the restriction and easement.
o Lot 10B may be safely developed in accordance with current
regulations for water supplies and septic-sewer systems.
1. Public policy compels deletion of the plat note.
As is evident from the plat note itself, the note was added
approximately 10 years ago, when it was anticipated that munici-
pal sewage services would be shortly available. A period of 10
years has elapsed during which the Municipal Assembly has voted
against extending the services. That being the case, it is
difficult to characterize the subject plat note as temporary,
notwithstanding the obvious intent and purpose of the designation
appearing. If the plat note is allowed to continue, the Lot 10B
shall never be utilized for development in any fashion.
Page 3 . ~i 0 0 8
The lot was intended to be utilized as a residential lot in
a residential subdivision for housing in the Anchorage bowl area,
which is currently experiencing a lack of available buildable
land for that purpose. The law has long disfavored unreasonable
restraints on alienation or restrictive covenants in real estate.
See Smith-Boyer Survey of Property (2nd ed.) p.368:
A Court of equity may refuse to enforce an equitable servi-
tude (a) it its purpose is contrary to public policy or (b)
the granting of the relief would do more harm than good or
(c) when the granting of the relief prayed for would be
futile... An equitable servitude may be extinguished
by... (b) a release by the existence of conditions which make
the purpose and object of the servitude impossible of
achievement, such as a change in the character of the
neighborhood from a residential to a business area.
See also, 5 RESTATEMENT OF THE LAW OF PROPERTY, ~530 et seq.
The substantial passage of time and the failure of the Munici-
pality to provide municipal service for wastewater management, a
matter beyond the control of the current owner of the lot,
suggests that the highest and best use of this real estate be
permitted to occur by deleting the plat note.
2. The subject plat note is not needed by the adjacent lot
for which it was desiqned to protect.
Lot 10A has been occupied as a residential property with a
multi-family structure for a decade. Lot 10A has been served by
its own septic system, which has functioned adequately. Lot 10A
has never needed and it is unlikely it will ever need the surface
of Lot 10B for a septic drainfield. As pointed out in the
engineering report submitted herewith of Barter & Associates, the
original of which has previously been submitted to the Munici-
pality's Department of Health & Environmental Protection, the
soil samples for Lot 10 prior to its subdivision suggested
adequate percolation. Similarly, the soils of adjacent lots
showed acceptable drainage materials. Furthermore, the fact that
the septic system on Lot 10A has succeeded for more than a decade
without difficulty is further evidence of the satisfactory
condition of the same.
Therefore, since Lot 10A has not and does not need the
continued use of Lot 10B in any way, the restriction which
completely destroys the usefulness of Lot 10B for any other
purpose should be eliminated. The continuation of the restric-
tion in the absence of any reasonable basis for it constitutes an
unreasonable restraint that should be void for public policy as
stated above. It further unreasonably reduces the value of the
property, which could be utilized to further enhance the tax base
for the Municipality. In fact, there is legal authority for the
position that the execution of a release document of the servi-
tude or easement by the owner of the dominant estate (Lot 10A)
would extinguish the validity of the plat note by operation of
law.
Page 4 " 009
3o Lot 10B may be safely developed by the owner for
residential use within existing regulations.
Again, the report submitted to the Municipality's Health
Department dated October 12, 1985 specifically sets out the
alternatives for site development of Lot 10B, including the
development of a water well for domestic water supplies and a
separate trench-style septic drainfield. The report also
addresses specific concerns that were verbally expressed to
applicant by members of the Municipal staff in connection with
this problem. Since the Municipal Health Department has refused
to respond to the October 12, 1985 communication, applicant has
proceeded herewith to request formal deletion of the plat note,
and requests that the matter be set for hearing.
Very truly yours,
FARLEIGH & WALDOCK
Attorneys for Applicant,
Joe Owens
By¸
Randall E. Farleigh
REF:bw
cc: Joe Owens
CONCURRENCE
~ JOE OWENS
Owner; Lot 10B, Block 2,
Sundi Lake Subdivision,
Anchorage Recording District
DATED:
0lC
February 3, 1986
Mr. Jerry Weaver
Office of Platting & Zoning
Municipality of Anchorage
P. O. Box 196650
Anchorage, AK 99519
Dear Mr. Weaver,
My wife and I are the owners of Lot #gB, Sundl Lake Subdivision, and would like to request that
you exam ina case #$3742A, Sundi Lake Subdivision, "deletion of Platt Note as requested by .joe
Owens." DHH$ has found that the deletion of the Platt Note would not be consistent with both the
policy of the DHH$ and/or state regulations regarding the placement of private wells and on-site
sewer systems.
DHH8 has thoroughly reviewed the engineers report submitted by Mr. Owens, and determined that
there is not an original and two replacement sites for a sewer system on lot -~ 1 OB. Futhermore, if
the Platting Board were to allow the deletion of the Platt Note, and the proposed well were
developed on lot # I OB, it would leave my wife and I in the position of not having an alternative
replacement site if our' septic system should fail.
The present owner purchased lot # 1 OB wlth the full knowledge that any development of the lot was
predicated on the availablity of public water and sewer systems to lot # I OB.
There was a valid public purpose for health reasons cited in 1975 when the Platt Note was
attached to the property, and in light of the development in the area and groundwater
contamination cited by DHHS in past public hearings on sewer proposals; it thus aopears
unreasonable to allow for development on lot ~ I OB umil the condit, ions ut fcrth m tpe P!at~ ;,4o~e
are met.
Thank you for your attention in this matter.
Sincerely,
cc: Jewel Jones, Director DHHS
Bill Mann, Special Assistant DHHS
01t
12, 1985
TO: Munic~'pality of
~DeouPccht~en~0of Health
Referi~iilrage~aSkLot 10~ ~lo9e9k
Sundi ~e Sul
~a~ ~ir:~
_ne zc__o.l~n5 is an
'.'Li'- ' .: "-
separation
wamer disposal
D2
Barter &_Azsociates
ony 0 ......, .L o/
10461 ..a_~.cn ~ e~
· ~hora e ilaska~:~w~a~,9516
/
Environme~ Protection
safe
~en domest
~neering ieuor~ ="-~ ~' ~ the planned
,erty. in e~.- to proceed to the
: -t note entitled,
subdivisic-n _ L=
~elopment l! meetin~ -2 ,~re'nt
wa~ar supplies ~ud waste
CPEi~ SPACE
This
lOB,
for
as
both lot:
the owne~
ement prohibits owner of lot
ilizing any . f said easement
~e of development ~il such time
sewer service lS to serve
This easement ~ants to
of lot 1OA, the right utilize the
area of ~ iad easement with and with
an appro~ ed on-sight sewer system, ided
in Ancho:~age Department of D.Z.Q. ~_its .
successor requires the installation ofksucn
a system for the purpose of. seagoing th~
residenc~ located on lot 10~. oaid easement
shall au~omatically be vacated when public
sewer se~ices are availabxe to serve both lots.
MUNICIPALIIY OF ANtHORAo~
DEPT. OF HEALTH &
ENVIRONMENTAL PROTECTION
Barter & Associates
Tony D. Barter, P.E.
10461 Hampton ~rive
Anchorage, Alaska 99516
October 12, 1985
To:
Municipality of Anchorage
Department of Health and Environmental
Pouch 6-650
Anchorage, Alaska 99502
Protection
Reference:
Lot 1OB Block 2
Sundi Lake Subdivision
~ear Sir:
The following is an Engineering Report supporting the planned
development of the subject property. In order to proceed to the
development phase, the following subdivision plat note entitled,
"Temporary Open Space and On-Site Sewer System Easement Note:"
will have to be removed or amended, it is the in%en~ of this
report to show rational for safe development by meeting current
separation distances between domestic water supplies and waste
water disposal areas.
TEMPORARY OPEN S~AgE AND ON-SITE
SE¥~R SYSTEM EASEr~NT NOTE
This easement prohibits the owner of lot
lOB, from utilizing any part of said easement
for any type of development until such time
as public sewer service is available to serve
both lo~s. This easement further grants to
the owner of lo~ IOA, the right to utilize the
area of siad easement with and only with
an approved on-sight sewer system, provided
in Anchorage Department of D.E.Q. or its
successor requires the installation of such
a system for the purpose of serving the
residence located on lot IOA. Said easement
shall automatically be vacated when public
sewer services are available to serve both lots.
page 2
A percolation test performed on August 29, 1985 in conjunction
with a soils log of September 26, 1972 indicate a varying layer
of GW soils underlain by poorly' graded sands. A review of the
soils logs for lots 9 and 1I also account for similar soils
supporting the uniformity of the surrounding area.. Groundwater
was not encountered and is not anticipated within the depths
of an absorption system flor this lot. A trench system has been
designed on the GW soil between 3 and 8 feet. The requirements
for a t~ree bedroom home is for a trench twenty six feet in
length. 85 x 3
= 25.5
5x2
A location for establishing this system and two alternate sites
is plotted on the attached as-built· It should be noted that
each site has the potential of supporting a trench thirty eight
fleet in length.
The surface topography is such that the overall terrain gently
slopes towards the northeast. The subject property has sn
average negative slope of 6% from west to east and
8% from south to north. This property also has a knoll situated
near the center of the lot resulting in 17 feet off maximum relief.
Through previous meetings with members of the municipsl staff,
I am of the understanding that four conditions need to be met
in order to amend the plat note. Each condition is listed here and
is followed by a discussion.
Lot 1OB needs to show an excess of 20,000 square feet off sn~face
area. This may include an extension off the lot line to include
an area up to the center line of the abutting road.
Lo~ IOA must contain within its boundaries the capability of
supporting two alternate absorption field sites.
Lot 10B must have a site capable of supporting an initial system
and 'two alternate sites.
The development of lot 10~ will require a connection to the semi
public well of lot IOA.
page 3
The first point requires Lot 1OB to have greater than 20,000
square feet of surface area available. The inclusion of the
abutting 30 foot of roadway right-of-way results in 20,160 square
feet.
The second requirement is directly related %o meeting current
regulations. Ail adjoining domestic water supplies have been
plotted on the attached as-built with the regulated separation dis-
tanceso ~his results in approximately 1600 square feet
of surficial area available for waste water absorption systems.
lmresently a 13' × I9' crib is located in the northwest corner
of the lot. Upgrades~ should they become necessary~ may be
accomplished by adding trenchs onto the crib as needed or abandoning
the crib for a multiple trench system in the southwest corner.
For the third point I again refer to the as-built ~awing for
lot lOB. As memtioned earlier this lo% can support an initial
system and two alternate sites for complete replacement.
The final requirement is for lot IOA to provide water to 1OD from
the existing semi pnblic well. ~o avoid the problems associated
with the additional dem~ad on the well and maintenance of
ownership it is preferred to drill a private well on
lot 10~. This can be easily accomplished within the confines of the
150 foot separation established by ~he well on IOA.
From the foregoing information, I conclude that lot lOB Block
2 of Sundi Lake Subdivision may be developed according to current
state and municipal regulations. In addition, I feel a safe and
sanitary development will result from the supporting information.
Upon reviewing this report and supporting information, [[ would
like a response as to the course of action for amendment.
If you have
any question,
please give me a call at 266-1559.
MUNICIPALITY OF ANCHORAGE
DEPARTMENT OF HEALTH AND ENVIRONMENTAL PROTECTION
B26 L. Street, Anchorage, Alaska 99601 264-4720
SOILS LOG - PERCOLATION TEST
[] SOILS LOG
PERCOLATION
TEST
PERFORMED FOR:
LEGAL DESCRIPTrON:
1
2
3
4
5
7
8
~0
12
13
~7
I@
2O
COMMENTS
DATE PERFORMED:
SLOPE SITE PLAN
WAS GROUND WATER iS
ENCOUNTERED? ' /~//~ pO
IF YES, AT WHAT E
DEPTH?
Reading Date Gross Net Depth to Net
Time Time Water Drop
PERCOLATION RATE
TEST RUN BETWEEN
72-000 (6/79)
O0
r~Z
Zk"
<2>
j~UNICtPALJTY OF ANCHORAGE
(907) 243-2282
KEN JOHNSON
KEN'S COMPANY
WATER WELL DRILLING
PUMP SALES & SERVICE
30 YEARS ALASKA DRILLING
3163 LINDEN DRIVE
ANCHORAGE, ALASKA 99502
~Vayne L. Huston
909 Chugach # 2~
.~Anchorage, Alaska 99503
APRIL 25,1983
( 561'8811..Work 564-1886 )
Re; Lot 11Blk. 2 S~ndi Lake Subd.
WATER WELL LOG
0 ft to 5 ft
5 ft to 9 ft
9 ft to 34 ft
34 ft $o 47 ft
47 ft to 65 ft
65 ft to 76 ft
76 ft to 95 ft
95 ft to 111 ft
111 ft to 122 f£
122 ft ~o 132 ft
132 ft to 152 ft
152 ft to 170 ft
170 ft to 196 ft
196 ft to 198 ft
Frozen course gravel & brown silt
Course gravel and brown silt
Brown silt With some med. gray
Brown silt and sand
Same with some fine gravel
Black silt and loosd sand
Brown silty sand
Gray fine sand
Fine gray sand ( weeps )
Sand & gray silt
Heaving dirty fine sand with coal
Same with more coal
Clay with fine sand seams ( oozes )
Clean med. sand & gravel water bearing..
Static 98 ft.
Test bailed 2 hrs. at 14 GPM
3 ft. drawdown
Bottom stable
Total depth 199 ft. T0C )
MEMORANDUM
DATE:
December 27, 1985
TO:
Joann Contreras, Community Planning Department
FROM: Human and Human Services Department
SUBJECT: S-3742A: Lots 10A, 10B Block 2 Sundi Lake Subdivision
Condition of Approval Removal
The original subdivision was opposed by this department due to lot sizes.
However, at the insistence of the developer, who claimed no one would ever
ask to remove the note, the note was developed and added to the final plat.
This department strongly opposes removal of this note for the following
reasons:
(i)
The dwelling on Lot 10A is a duplex and is served by a Class C
well. Although a 120 foot protective radius around the well was
originally required, a 150 foot radius is required for any new'
sewer installation(under current State regulations). That requirement
virtually eliminates any replacement site for disposal on Lot 10A.
It is highly improbable that the system now serving Lot iOA will last
indefinitely.
(2)
The engineer has failed to show an original and two replacement sites
for sewage disposal on Lot 10B; the third site encroaches on the
right-of-way and would necessitate a DHHS waiver.
(3)
The proposed lots will not meet the minimum lot'size criteria established
by this department(40,000 square feet per lot).
(4)
The proposed lots do not possess the minimum reserved sewage disposal
area(based on soils) of 10,000 square feet (Lot 10A has 1,622 square
feet and Lot 10B has 2,286 square feet).
(5)
The applicant originally asked the department to review the note
removal based on extension of community water from 10A to 10B. At
the time of the original review we were still supporting lots of
20,000 square feet which were supplied public water. Since then the
applicant has decided on a private well. In addition, this department
no longer supports any lot development with on-site sewage disposal
which is less than 40,000 square feet.
Susan E. Oswalt
Program Manager
On-site Services
SEO/ljw
Legal De$cz, lption: Lo~t'.._~._.Block ,~ .Subdivision 3Jw./;~<t K~e_
This Fo~m Reports a: ~oxls uog / -.. - -Percolatxon ,est
Was Ground Water Encountered?
If Yes, At. What Depth
" Location Sketch
Reading Date Gross Time Net Time Depth To H20 Net Drop
!
Prop)sad Instal~Seepage Pit LJ~ Drain Field
Depth Of Inlet · ~[.. Depth To Bottom Of Pit Or Trench
,/
Department ;~3E¢;ir;~e;ntal Quality
Anchorage, Alaska 99503
03i
INSPECTION REPORT ON-SITE SEWAGE DISPOSAL ~YSTEM
NAME "T',.,,I~ ~ ._ MAILING ADDRESS I~'~1
LOCAT,ON ~ LEGAL DESCR,PT,ON Lr / O ;~. ~-- .~ ~/O
SEPTIC TANK=
DISTANCE
FROM WELL
INSIDE LENGTH
,. MANUFACTURER
INSIDE WIDTH
MATERIAL
, LI(~UID DEPTH
NUMBER OF
__COMPARTMENTS
LIQUID CAP'/~C ITY
GALLONS.
SEEPAGE PIT:
NUMBER OF PITS
LINING MATER IAL ..'~
BUILDING FOUNDATION
DIAMETER ,OR WIDTH I
CRIB SIZE: DIAMETER
, NEAREST LOT LINE
f'
LENGTH I~, DEPTH_
!
0
DEPTH DISTANCE ? ROM: WELL /~
TOTAL
EFFECTIVE
, AREA) /-~/-//~/' SQ. FT.
ABSORPTION AREA (WA! '-
ADDITIONAL ABSORPTION
BUILDING /'~ (
FOUNDATION UC -,
CONSTRUCTION
NEAREST NEAREST
LOT LINE. SEWER LINE
DISTANCE FROM:
DEPTH
SEEPAGE I~C'
SEPTIC.'--
TANK /' g"/~"~ SYSTEM
CESSPOOL
OTHER SOURCES
APPROVED
DISAPPROVED REMARKS
DISTANCES:
INSTALLED BY: V
PIPE MATERIAL:
LOT SLOPE:
REMARKS:
DIAGRAM OF SYSTEr."
greiT~![': ANchorage Area Bo : 2
· DEPARTMENT DP ENVIRONMENTAL QUALITY
SEWAGE DISPOSAL ~SYSTE~M ,-- APPLICATI,ON AND PERMIT
~ll T~ST .~SULTS ~' j~/:/ .::1' /?://NOTE; T~IS PERMIT IS NOT VALID WITHOUT
OMPLETION DATE ANTICIPATED
INAL iNSPECTION: 24 HOUR NOTICE REQUIRED. BACKFILLING OF ANY EYSTEM WITHOUT FINAL INSPECTION bY THE
EPARTMENT OF ENVIRONMENTAL QUALITY AUTHORITY WILL BE SUBJECT TO PROSECUTION,
/ ~ ):',~ ~ SEEPAGE A~A S~ZE TYPE
IINIMUM DISTANCES. R~QUIREMENTS
OUNDAT[ON TO SEPTIC TANK '~7/.',~"~'~?
OUNDATiON TO SEEPACE pit DRAIN FIELD
;EPTIC TANK TO SEEPAGE PIT WALL ,
TANK SEEPAGE PIT
DRAIN FIELD
,¥AteR MAIN TO SEPTIC TANK SEEPAGE PIT
DRAIN FIELD /
DIAGRAM Of SYSTEM
.~; ~_~_~.;_~'._..z~ ..... 3,:. .....
...... c! ..... - ...........
:i_: :: .._
CERTIFY THAT I AM FAMILIAR WITH THE REQUIREMENTS OF GREATER ANCHORAGE AREA BOROUGH ORDINANCE NO, 28.68 ANE) THAT THE ABOVE
Performed For pat R~gers
Legal Description: LoEb lOBlock~
This ~orm Re~orts So. ils Log ~
2
Oats Performed~..
Subdivision 8~t-~ldi Lake
Percolation Test
~epth
Feet Soil Characteristics
1 T~R~-
soil
2._~_.__
3--
5Gw___
6--
7--
8--
9--
The sediments in this area
were very loose with a low to
moderate water content. There
were some erratic sand bodies
of minor importanoe present.
Was Ground Water Enco.untered? No S~?oz)m
I~ Yes, At what Denth?
Readin~
',
"1,,4-
~ ', : ~
east
Date
Gross Time
Net Time
Denth to H20
Het DroDi
Percolation
Prn~oset Inst~l.--l'~i.~ .. ~ea;:,,~le Pit
? emi;h To
Oenth of Inlet _.7 ........................
Test Performed gV___l~:~e_~,O ........................... !'ata fer,*.iF: ~,~; .~.... ]~-~' .~' .,~?~.--.._/_/_'.Z.W_
O35
:'!' '..}..~-37t3 · tr~lVl$lON
"' ; {~iubdivida 2 loC~'/mco 2
036
The Board appro'~ad tho T.P.I;V; 'subject 'to-providi~iii'.~mtn4,~,,~
7. ~rcs -.-
B. ~cre~a~- · ~ .~. - · .......
1, 5-3691 - ~{Y~ ~DITION A,O,T, - ~e ~a~d appr~ed.the: T,~,~,Y,- ~o~ A
2. 8-2956 - Staff requested the ~ard concur that the
the conditt.onl of approval'placed upo~ 2h* pla= by. 2~. ~a~[t~ Cuia~alou.
~ttr ex~ntn~ the original plat and- the revio~ plnC~ acco~d~
- .condttlon~, the ~atd concu~ed ~t the pat~tto~:.~.~at th~.condttlo=a-,
the ao~t~oton~l functto~ a~ ~alt tha~, tha co~s~lon t;ou13 ba oi
r~ed fro~ the vault so t~c ~ Engtn~eza.~y.corr~c~' 4raftin~ e~ro~u
In the eas~nt all~n~e, ~l. ~ard c~cu~ed t~C: C~,plata:'coald
~. ~rris co~ented on that' ~ was satisfied nov .~li ~h~ ~ay tho staff
O37
,RARY OPEN SPACE AND ON-SITE
SYSTEM EASEMENT NOTE,
This easement' pro~nibits the owner of lot
JOB,from utilizing, any port of soic~ easement
for any type of development until such time
(is pubhc sewer service is ava~la~e to s~ve
both 1ors. This easement furthe~ grants to
tl~e owner of lot IOA, the' right tO utilize the
area of said easement with and only with
~ al>~-oved on-sight sewer system,p~ovided
the Anchorage Oeportrne~t of D.E.Q or its
~;cessor requires the instollatio~ of such
a system f6r the purpose, of ;servincJ the
tes,<~ence located on lot IOA. Said easernemt
$~x~ automatically be vacated when pul31ic
t~,er services are available to serve both
?< ·
I~ g~3t) ~eir heirs a~igns and successors wl~ a[evlded
~, at any time that a sp~ial e~ment di~rid for
~ .~OB, BLK.2, SUNDI LAKE S~D. i~ propOs~
~ ~t~ ~ ~mbly of the Mun[ci~liW of Anchorage·
O39
January 2i, I986
To: Joe Owens
From: Tony Barter, P.E.~~-
I have rev£e~ed the comments from the ~unicipality of Anchorage
and offer the following co~mments in response to the concerns of
the Department of Health end H%m~an Services. Please reference
the report provided to DHHS dated October I2, I985.
a®
be
See As-built'drawing, page IO of your packet.
The existing crib may be added on to or reolsced along
the western edge of the pro,:erty within the boundaries
of the IO foot easement and the I50 foot radius shown.
Reference the second para, graph, page three. There is
approxmm~.~l~ I600 seuare feet of surficia!
area available within the boundaries as sho;vn.
The drawing is £or illustrative purposes only to
indicate site availabi!ity; as stated on page two,
parz:grcph two, these three trenches are thirty eight
feet long. The supporting cc~!culations require only
26 feet. Therefore, the third trench may be modified
atnd oriented to met the sta~d?rds without a waiver.
Thms is not a cu¢~ent .1~ '~
· ~_ _ reg-u_~tl ....
This is a rule of thmub measurement when actu;:l!y
the quality of the soils in the dispos[:! sree.
prevail. You may have a 40,000 square foot
which would not qualify for on site dispos%l. If
you will reference the soils log, page I2 of your
packet, you will find that this soil has the
highest rating available under current mm%icipal
standards.
MEMORANDUM
State of Alaska
TO:
FROM:
SUBJ.:
M~il Stop
02-001C (12180)
_1
LAKE
... !
(76-7) FO
Z
o ;<
m~ ~m~
[ j I0' UTLITy
I I I
I I
I
\
\
\
\
\ \
o I
MUNICIPALITY OF ANCHORAGE
Department of Health and Human Services
P.Oo Box 196650
Anchorage, Alaska 99519-6650
Date: May 8, 1996
To: ~ Zoning and Platting Division, CPD
From.'--p~'_ (,L~nes Cross, P.E., Program Manager, On-Site/Water Quahty
Subjec[: Request for Comments on Cases due May 17, 1996.
The Environmental Services Division, On-Site Services Section bas reviewed the
following cases and has these comments:
S-9925 Tudor Center.
No objections.
S-9926 Knox Subdivision.
No objections.
S-9927 Sundi Lake
No objections.
MUNICIPALITY OF ANCHORAGE J OFFICE USE
COMMUNITY PLANNING AND DEVELOPMENT
P.O. Box 196650 REC'D BY:
Anchorage, Alaska 99519-6650
PRELIMINARY PLAT APPLICATION
A. Please fill in the information requested below. Print one letter or number per block.
1. Vacation Code 2. Tax Identification No. 3. Street Address
4. NEW abbreviated legal description (T12N R2W SEC 2 LOT 45 OR SHORT SUB BLK 3 LOTS 34).
5. EXISTING abbreviated legal description (T12N R2W SEC 2 LOT 45 OR SHORT SUB BLK 3 LOTS 34) full legal on back page.
6. Petitioner's Name (Last - First)
~-.-.-.-.-.-.-.-.-.~_~. ,¢~..'-tm'~.c_cccE51~
7. Petitioner's Representative
Address
City ¢~,-4 e_ ~_~r~ State
Phone# ~L¢.-'~ - 'a -~ c:~ '~ Zip
Address
City .~ ¢_,.~. c:>-¢~_z~ L:~t~. State
Phone # r--~Lc,'Z~-'Z~¢:;<:;~ Zip
8. Petition Area Acreage
9. Proposed
Number Lots
10, Existing 11. Grid Number 12. Zone
Number Lots
13. Fees
14. Community Council
I hereby certify that (I am) (I have been authorized to act for) the owner of the property described above and that I desire to subdivide it in
conformance with Chapter 21 of the Anchorage Municipal Code of Ordinances. I understand that payment of the basic subdivision fee is
nonrefundable and is to cover the costs associated with processing this application, that it does not assu re approval of the subdivision. I also
understand that additional fees may be assessed if the Municipality's costs to process this application exceed the basic fee. I fudher
understand that assigned hearing dates are tentative and may have to be postponed by Planning Staff, Platting Board, Planning Commission,
or the Assembly due to administrative reasons.
Date:
Signature k)
*Agents must provide written proof of authorization.
Please check or fill in the following:
1. Comprehensive Plan-- Land Use Classification
Residential
.Commercial
Parks/Open Space
Transportation Related
Marginal Land
Commercial/Industrial
Public Lands/institutions
Alpine/Slope Affected
industrial
Special Study
2. Comprehensive Plan-- Land Use Intensity
Special Study
Dwelling Units per Acre "~- Lc,
Alpine/Slope Affected
Environmental Factors (if any):
a. Wetland k.~/,~,,.
1. Developable
2. Conservation
3. Preservation
b. Avalanche t-.J
c. Floodplain "1'~
d. Seismic Zone (Harding/Lawson)
D. Please indicate below if any of these events have occurred in the last five years on the property.
Rezoning
Subdivision
Conditional Use
.Zoning Variance
Enforcement Action For
.Building/Land Use Permit For
Army Corp of Engineers Permit
Case Number
Case Number
Case Number
Case Number
Legal description for advertising.
Lc:>"~'~ ~* 1 ) [ "7_. z~.,~.'~, I~-~ ~ 1~=:¢_~w~. [ ~ "%',~'c:,~ ',....~2..~
Checklist
30 Copies of Plat ~ Fee
Reduced Copy of Plat (8 V2 x 11) ~ Drainage Plan
Certificate to Plat ../' Topo Map 3 Copies
Aerial Photo Soils Report 4 Copies
Housing Stock Map Pedestrian Walkways
Zoning Map Landscaping Requirements
Waiver
· ,~ Water: ¢' Private
~ Sewer: ¢" Private Septic(~¢=~,~',4~')
.Community Well
Community Sys.
Public Utility
Public Utility
SUNDI LAKE SUBDIVISION
PETITIONER LISTING
PARCEL:
PARCEL:
PARCEL:
PARCEL:
PARCEL:
LOT 10, BLOCK 1, SUNDI LAKE
TAX ID No. 011-131-10
ARON S. & PATRICIA WOLF (SIGNING PLAT FOR THEn~ EAST
PROPERTY LINE ONLY~)
8133 SUNDI DRIVE
ANCHORAGE, ALASKA 999502
LOT 11, BLOCK 1, SUNDI LAKE
TAX ID No. 011-131-11
WlI,LIAM D. WATSON
2440 E. TUDOR ROAD #1141
ANCHORAGE, ALASKA 99507
LOT 12, BLOCK 1, SUNDI LAKE
TAX ID No. 011-131-12
PETER & JANE M. STAMMEN
4205 HAYES STREET
ANCHORAGE, ALASKA 99503
LOT 13, BLOCK 1, SUNDI LAKE
TAX ID No. 011-131-13
LEROY E. JEFFERY
4828 SUNDI DRIVE
ANCHORAGE, ALASKA 99502
LOT 14, BLOCK 1, SUNDI LAKE
TAX ID No. 011-131-14
WlLBERT D & BONNIE McGEE - (SIGNING PLAT FOR THEER
WEST PROPERTY LINE ONLY.)
4812 SUNDI DRIVE
ANCHORAGE, ALASKA 99502
Topographic Map
FIGURE 4