5.6 PCSR 08-23-1994 - Laserfiche WebLink

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Planning Commission, Combs Page 3 August 23, 1994 • requirements, on-site septic systems must be setback one-hundred fifty (150) feet from the O.H.W. mark of a Natural Environment lake. Mr. Combs is proposing to locate the septic system one-hundred thirty (130) feet from the O.H.W. level. VARIANCE REQUIREMENTS According to City Code, in order for a variance to be granted, five (5) items must be found: 1) That the literal enforcement of the ordinance would cause undue (unnecessary, unavoidable, extreme) hardship. 2) The hardship caused by special conditions and circumstances which are peculiar to the land and structure involved and which are not characteristics of or applicable to other lands or structures in the same district. 3) Literal application of the provisions of this Ordinance would deprive the petitioner of rights enjoyed by other properties in • the same district under the terms of this Ordinance. 4) The special conditions and circumstances are not a consequence of the petitioner's own action or inaction. 5) The variance will not be injurious to or adversely affect the health, safety, or welfare of the residents of the City or the neighborhood wherein the property is situated and will be in keeping with the spirit and intent of the Ordinance. APPLICANT'S REASON'S FOR VARIANCE REQUEST The petitioner has addressed several reasons for the granting of a variance from the setback requirements for a septic system. In Mr. Comb's letter he mentions the property was purchased over two (2) years ago and if the variance is not granted he would not be able to build on and live in this subdivision like the other property owners in the same subdivision. Mr. Combs also mentions that without the variance the platted lot would be unbuildable and, as a result, would also become unsaleable. In the letter, Mr. Combs mentions that the DNR has already given preliminary approval for a septic system to be installed. • combs.troy