5.6 PCSR 08-23-1994 - Laserfiche WebLink

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Planning Commission, Combs Page 4 August 23, 1994 • ANALYSIS In review of a variance request, staff considers the above mentioned points before making a recommendation. The applicant intends to build a house that requires a septic system. In order for the house to be completed, they need approval of a variance for the septic system. The first point addresses whether literal enforcement of the code creates an undue hardship on the property. Mr. Combs states that if literal enforcement occurs on this lot, they would not be able to build a house. Staff agrees that with literal enforcement of the code, it would not allow the lot to be buildable. Since this is an approved platted lot there should be some consideration given to the existing circumstances. The second point addresses whether the hardship is caused by special conditions that are unique to the land. The applicant states that because of the drainage patterns, there is now a new area being considered as part of Kliever's Marsh. Staff concurs that the situation is unique to this parcel of land. Because of the shape of the lot, there is not adequate space for a septic system to meet code requirements. • The third point addresses whether literal application of the ordinance would deprive Mr. Combs of rights enjoyed by others. Mr. Combs states that other lots in the subdivision have homes built on them and if the variance is not granted they would not be allowed to build on their lot. Staff would agree that if the variance were not granted, the applicant would not be able to build a housing unit on a platted parcel of land. This lot is located in a subdivision that has existing housing structures. The fourth point addresses whether the special circumstances are not a consequence of the applicants actions. The applicant states that they purchased the lot over two (2) years ago and believed it to be a buildable lot. Staff would agree that the current land owner is not responsible for the platting and developing of this parcel of land or the water conditions of the lot. The last point addresses whether or not the variance will affect the health, safety, or welfare of the residents of the City. The applicant states that DNR preliminary approval has been given for a septic system. Staff would agree that the septic system being twenty (20) feet closer to the O.H.W. would not cause a serious threat to the environment. • combs.troy