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Memo to the Planning Commission Page 3 <br /> May 28, 1996 <br /> • Recommendation <br /> Staff recommends approval of the variance for a 5 foot building setback and a <br /> 35 foot shoreland setback for the purpose of installing a septic system with <br /> the following findings and conditions: <br /> Findings <br /> 1. Literal enforcement of the ordinance would cause undue hardship by <br /> denying the applicant full use of the property. Without a variance, no <br /> septic system can be placed on the property and the property would not be <br /> usable as a dwelling. <br /> 2. The hardship is caused by special conditions of the land which make the <br /> proposed location the only available site above the watertable and <br /> floodplain. <br /> 3. Literal application of the ordinance would deprive the petitioner of rights <br /> enjoyed by other property owners in the same district by denying them <br /> use of their land as a residence. <br /> 4. The variance will not adversely affect the neighborhood or residents of the <br /> city and will be in keeping with the spirit and intent of the ordinance. <br /> Replacing the failing septic system will reduce any harmful <br /> III <br /> environmental impacts caused by the failing septic system. <br /> Conditions <br /> In order to protect this environmentally sensitive area, staff recommends <br /> approval with the following conditions: <br /> 1. Adjacent property will be purchased and combined with the existing lot <br /> for location of the drainfield. Applicant will provide the city with a copy of <br /> the lot combination prior to receipt of a building permit. <br /> 2. Septic system will be constructed according to the conditions outlined in <br /> the letter from Jon Christensen. <br /> 3. The top grade of the septic system will be graded away from the Elk <br /> River. <br /> 4. Approval of this project is contingent on DNR approval. <br /> • <br /> s:\planning\ke n dra\v96-04.doc <br />