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Memo to the Planning Commission Page 2 <br /> May 28, 1996 <br /> The applicant is proposing to purchase the adjacent parcel of land (Lot 10, <br /> • Sixth Plat of Camp Cozy) for the purpose of providing room for the septic <br /> system. The purchase of this land is contingent on approval of the variance. <br /> The proposed location is the only available location that is above the <br /> watertable and floodplain. <br /> The designer is proposing a pressurized system. The proposed septic system <br /> should have enough lateral to treat coliforms and nitrates. The system <br /> should be graded away from the river to reduce any potential contamination <br /> problems. <br /> The current ordinance requires a 75 foot setback from the ordinary high <br /> water mark for septic systems. The applicant is requesting a 40 foot variance <br /> for a 35 foot setback from the ordinary high water mark. The applicant is <br /> also requesting a variance for a 5 foot setback instead of the required 20 foot <br /> setback from any structure. <br /> Staff had a preliminary discussion with Dan Lais of the DNR-Division of <br /> Waters and indicated that, in staffs opinion, this variance is the best solution <br /> available. The DNR will review this item and get a letter to the City Council <br /> outlining their position. <br /> • Variance <br /> This property is subject to the normal standards found in section 900.40 of <br /> the Elk River Ordinance which states that a variance may only be granted if <br /> it meets those five conditions. Because this property is in the Shoreland <br /> Management area, Council shall also consider the following: <br /> I. whether the applicant has reasonable use of the land without the <br /> variance; <br /> II. whether the property is used seasonally or year-round; <br /> III. whether the variance is being requested solely on the basis of <br /> economic considerations; <br /> IV. the characteristics of development on adjacent properties. <br /> In staffs opinion, this applicant very clearly shows a hardship in that there is <br /> no room to place a new septic system on the property. They are required to <br /> have a septic system on site and the only way they will be able to do that is to <br /> get a variance on the setbacks. If the variance is not granted, the applicant <br /> will lose all use of the land as a residence. <br /> • <br /> s:\planning\ke n dra\v96-04.doc <br />