To: Board of Health
Through: Jennifer Ludwig, Public Health Director, Arapahoe County Public Health
Prepared By:
prepared
Steven Chevalier, Environmental Health Manager (Early Childhood and Environmental Protection Programs), Public Health
end
presenter
Presenters: Steven Chevalier, Environmental Health Manager (Early Childhood and Environmental Protection Programs), Public Health
end
Subject:
title
59508 E. Commanche Way: Request for Variance from Table 6, Minimum Horizontal Distances, in Arapahoe County On-Site Wastewater Regulations
end
Purpose and Request:
recommended action
The Arapahoe County On-site Wastewater Regulations <https://arapahoe.legistar.com/View.ashx?M=F&ID=11349378&GUID=6FF1CB3B-125C-4057-9C26-B998DBA347D9> require a minimum 10-foot setback from property lines for OWTS sewer lines (Section 10.1). Sections 3.10 and 20.5 authorize the Board of Health to grant variances from this requirement when the following criteria are met: the variance is not injurious to public health, safety, or welfare; the variance will not adversely affect the environment; and the variance is justified by unique site conditions. In this case, the requested variance allows the installation of a compliant replacement OWTS, avoids demolition of an existing concrete structure, maintains required separation from wells, and reflects the acknowledgment and consent of the adjacent property owner.
Staff request the variance to reduce setbacks required in the Arapahoe County On-site Wastewater Regulation be considered by the Arapahoe County Board of Health.
end
Background and Discussion: The property located at 59508 E. Commanche Way, Strasburg, CO, owned by Jeff and Tabitha Velasco (J&T Valasco Trust), requires replacement of an on-site wastewater treatment system (OWTS) that, according to the Subsurface Investigation and Soils Report and Design for Onsite Wastewater Treatment System (OWTS) (design no, 24-4028, dated 12/31/2024) is in a failure state. The proposed replacement system is located in the backyard, south of the residence. The existing system will be pumped, tank demolished, disconnected from the home, and abandoned. Due to the presence of an existing concrete slab near the southeastern property boundary, the effluent sewer line cannot maintain the minimum 10-foot side setback without removal of the slab. Instead of removing the concrete slab, the applicant requests a variance to allow the sewer line to be placed approximately 4-5 feet from the eastern property line. The adjacent property owners at 59548 E. Commanche Way, Rigel and Brooke Stephenson, have submitted a letter acknowledging the proximity of the proposed sewer line and expressed no objection to the variance request; confirmation of acknowledgement was received via phone between Rachel Gamache, Arapahoe county Public Health, and Brooke Stephenson on April 18, 2025. An engineering letter prepared by Anthony J. Wernsman, P.E., of WW Enterprises, supports the variance request, confirming that the sewer line will maintain adequate separation from wells as required by Table 6 of the Regulations and that the variance will avoid unnecessary additional construction costs. In accordance with Section 20.5 of the Arapahoe County On-site Wastewater Regulations, the Board of Health is responsible for reviewing variance requests related to OWTS regulations. The Board has the authority to grant or deny variances based on whether the criteria for approval are met, including considerations for public health, safety, and welfare, as well as unique site conditions.
Fiscal Impact: N/A
Staff Recommendation: Staff recommend approval of the variance request to allow the effluent sewer line to be placed less than 10 feet (approximately 4-5 feet) from the eastern property line at 59508 E. Commanche Way, contingent upon the following conditions:
1. Survey Requirement: Prior to receiving a permit from Arapahoe County Public Health, and no later than June 23, 2025, the property pins must be located, and property lines must be clearly marked with lathes or a similar method to ensure the sewer line remains within the property boundary. If property pins cannot be located, the property must be surveyed by a professional survey company. Property lines determined by the survey must be clearly marked with lathes or a similar method to ensure the sewer line remains within the property boundary.
2. Maintenance of Existing System: The existing system must be maintained by the property owner in a nuisance-free condition, with the tank pumped as needed to prevent surfacing of effluent until the new system is installed and approved by the design engineer and Arapahoe County Public Health. Pumping must be performed at a frequency determined by an Arapahoe County Public Health licensed professional Septic System Cleaner. A written determination of the required pumping frequency must be submitted to Arapahoe County Public Health within 7 days of the assessment, and no later than June 23, 2025. Pumping receipts must be submitted to Arapahoe County Public Health within 7 days of each pumping event.
3. Verification of Neighboring Well Location:
Prior to construction of the new on-site wastewater treatment system, the location of any well(s) on the subject property, or on the neighboring property at 59548 E. Commanche Way must be verified by an Arapahoe County Public Health Septic Installer or by the design engineer. If a well is located within 50 feet of the proposed effluent sewer line, the sewer line must be pressure-rated and encased in accordance with Table 6 and associated notes of the Arapahoe County On-Site Wastewater Regulations. Documentation of the well location verification, and confirmation of compliance or proposed encasement details if required, must be submitted to Arapahoe County Public Health prior to issuance of a permit for system installation. 4. Timeline Submission: Prior to receiving a permit from Arapahoe County Public Health to construct the on-site wastewater treatment system, and no later than June 23, 2025, a written project timeline must be submitted to Arapahoe County Public Health. The timeline must include the date the property survey will be completed; date the tank pumping assessment will be completed; anticipated start date of construction of the new system; and anticipated date of completion of system installation.
Motion(s): I move that the Board of Health approve the variance request for 59508 E. Commanche Way, subject to the conditions outlined in the staff recommendation.