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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