5.6 PCSR 08-23-1994 - Laserfiche WebLink

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Planning Commission, Combs Page 5 August 23, 1994 • The above mentioned lot was platted by the City in 1989 and the current landowners purchased the parcel with the intent that it met all current city code requirements. The current landowners started to construct a housing unit on the property when the Building Department ordered a Stop Order. This terminated all construction until the matter of the septic system could be resolved. The applicant is proposing to locate the septic system at the most distant point from the shoreland setbacks. They have also proposed to change the dimensions of the septic system to help ensure a safe distance from the shoreland. The property owners have been willing to cooperate with staff in all ways to resolve this issue. Staff is in agreement with the property owners that the necessary items are present to meet the qualifications for a variance. RECOMMENDATION Staff recommends approval for a twenty (20) foot variance request for a septic system to be located one-hundred thirty (130) feet from the O.H.W. of Kliever's Marsh for Mr. Charlie Combs, based on the following: 1) Literal enforcement of the ordinance creates a hardship for the • property owners by prohibiting them from constructing a single- family home on the lot. 2) The hardship caused by the shoreland issues are peculiar to this lot and the septic system involved and are not characteristic to other lands in the same district. 3) Literal application of the ordinance would deprive the property owner rights enjoyed by other property owners by not allowing them to construct a housing unit on the lot. 4) The property owner is not responsible for the development, platting, and shoreland conditions that apply to this lot. 5) Granting of the variance will not be injurious or adversely affect the health, safety, or welfare of the residents of the City or neighborhood wherein the property is situated. • combs.troy