7.6. SR 09-19-1994 - Laserfiche WebLink

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CC, Charlie Combs September 19, 1994 Page 2 . There is some question regarding the O.H.W. level indicated on the survey. A small inlet was not indicated on the submitted survey for the Briarwood subdivision. After visiting the site, staff is of the opinion that this body of water, which is connected to Kliever's Marsh, is actually part of the natural shoreline. At the time the survey was completed, it may have been a dry year and the inlet may not have existed however, it currently exists. Staff is measuring the setback for the septic system from the a.H.W. level of the inlet. Because of the inlet, the property owners need the variance for the septic system for a housing unit. If the inlet did not exist, as shown on the submitted survey, the property owner would not need a variance for the septic system. The DNR has been contacted regarding the variance request and has stated verbally that they would grant approval of the variance request and they agree with City staff that the a.H.W. level should be measured from the inlet. According to the DNR, if the inlet is physically connected to Kliever's Marsh it should be considered as part of the water body and setbacks should be measured from the a.H.W. mark of the inlet area. . 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. ANALYSIS In review of a variance request, staff considers the five (5) criteria established in the City Code 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. Please review the staff report to the Planning Commission for further discussion of an analysis of the variance request. . 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 cc-combs.troy