4.1. BASR 08-24-1999 - Laserfiche WebLink

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Memo to the Board of Adjustments/V 99-10 August 24, 1999 Page 2 1111 The property is a legal nonconforming lot in the Rib zoning district. The minimum lot area for individual septic is 160 ft wide and an acre in size. The applicant's property is roughly 1/3 of an acre. Due to the small lot size, there are few good locations for a septic system and well. Septic Systems According to City Ordinance: • Septic systems must maintain a 75-foot minimum distance from the Elk River. • Septic systems must maintain a 50-foot minimum distance from the well. • Septic systems must maintain a 10-foot minimum distance from property lines. • Drain fields must maintain a 20-foot minimum distance from any structure. • Septic tanks must maintain a 10-foot minimum distance from any structure. As indicated on the site plan, the variance is being requested because the applicant's proposed septic system does not meet the 10-foot minimum • setback from the property line, nor does it maintain a minimum 20-foot distance from any structure. The proposed septic system does conform to the minimum setbacks from the river and well and the tanks meet the setbacks from structures. As indicated on the neighborhood plan, the neighbor's buildings, wells, and drain fields are located such that they do not interfere with the proposed location of the applicant's septic system. Granting of Variance Staff refers the Board of Adjustments to Section 900.40 of the City of Elk River Code of Ordinances for the five standards to consider when reviewing a variance. A variance may be granted only if it meets the following five conditions: 1. Literal enforcement of the ordinance will cause undue hardship. 2. The hardship is caused by special conditions and circumstances, which are peculiar to the property and the structure involved and which are not characteristic of, or applicable to, other lands or structure in the same • area. \\elkriver\sys\shrdoc\planning\stevewen\pcmmo\v99-10.doc