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<br />CC, Charlie Combs <br />September 19, 1994 <br /> <br />Page 3 <br /> <br />. <br /> <br />unit on the property when the Building Department ordered a Stop Order. <br />This terminated all construction until the matter of the septic system could <br />be resolved. The applicant is proposing to locate the septic system at the <br />most distant point from the shoreland setbacks. They have also proposed to <br />change the dimensions of the septic system to help ensure a safe distance <br />from the shore land. The property owners have been willing to cooperate with <br />staff in all ways to resolve this issue. Staff is in agreement with the property <br />owners that the necessary items are present to meet the qualifications for a <br />varIance. <br /> <br />PLANNING COMMISSION <br /> <br />The Planning Commission discussed the location of the proposed septic <br />system and the reason why a variance was necessary for the septic system. <br />Planning Commission recommended approval of the variance request by a 5- <br />o vote. <br /> <br />RECOMMENDATION <br /> <br />. <br /> <br />Staff recommends approval for a twenty (20) foot variance request for a septic <br />system to be located one-hundred thirty (130) feet from the O.H.W. of <br />Kliever's Marsh for Mr. Charlie Combs, based on the following: <br /> <br />1) Literal enforcement of the ordinance creates a hardship for the <br />property owners by prohibiting them from constructing a single- <br />family home on the lot. <br /> <br />2) The hardship caused by the shoreland issues are peculiar to this <br />lot and the septic system involved and are not characteristic to <br />other lands in the same district. <br /> <br />3) Literal application of the ordinance would deprive the property <br />owner rights enjoyed by other property owners by not allowing <br />them to construct a housing unit on the lot. <br /> <br />4) The property owner is not responsible for the development, <br />platting, and shore land conditions that apply to this lot. <br /> <br />5) Granting of the variance will not be injurious or adversely affect <br />the health, safety, or welfare of the residents of the City or <br />neighborhood wherein the property is situated. <br /> <br />. <br /> <br />cc-combs.troy <br />