5.6 PCSR 08-23-1994 - Laserfiche WebLink

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Planning Commission, Combs Page 2 August 23, 1994 IIIfor Mr. Comb's house. The setback standards from the current ordinance are one-hundred fifty (150) feet. The approved variance would allow the housing structure to be placed up to fifty (50) feet from the O.H.W. level. A variance for the house is not required and Mr. Combs is not seeking a variance for the house, only the septic system which is required for the house. Staff has reviewed the minutes from the December 20, 1988, Planning Commission meeting and noted that one of the recommendations was to allow the one-hundred fifty (150) foot variance, but only for the structures. Septic systems would not be included in the variance under the definition of structures. In the January 23, 1989, City Council minutes there is no discussion regarding the variance being approved only for the structures or if it included the septic systems. Staff is of the opinion that approval of the variance does not include the septic systems. In a letter from the DNR dated November 15, 1988, the DNR questioned the O.H.W. level indicated on the survey and whether it is the actual O.H.W. level for Kliever's Marsh. The DNR also questioned whether the City should approve a plat that would require several variances. • REQUEST There is some question regarding the O.H.W. level indicated on the survey. A small inlet was not indicated on the submitted survey for the Briarwood subdivision. After visiting the site, staff is of the opinion that this body of water, which is connected to Kliever's Marsh, is actually part of the natural shoreline. At the time the survey was completed, it may have been a dry year and the inlet may not have existed however, it currently exists. Staff is measuring the setback for the septic system from the O.H.W. level of the inlet. Because of the inlet, the property owners need the variance for the septic system for a housing unit. If the inlet did not exist, as shown on the submitted survey, the property owner would not need a variance for the septic system. The DNR has been contacted regarding the variance request and has stated verbally that they would grant approval of the variance request and they agree with City staff that the O.H.W. level should be measured from the inlet. According to the DNR, if the inlet is physically connected to Kliever's Marsh it should be considered as part of the water body and setbacks should be measured from the O.H.W. mark of the inlet area. The variance request would allow the proposed septic system to exceed City III setback requirements by twenty (20) feet. According to current code combs.troy