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<br />Planning Commission, Combs <br />August 23, 1994 <br /> <br />Page 3 <br /> <br />----.------..------------------------------- <br /> <br />. <br /> <br />requirements, on-site septic systems must be setback one-hundred fifty (150) <br />feet from the O.H.W. mark of a Natural Environment lake. Mr. Combs is <br />proposing to locate the septic system one-hundred thirty (130) feet from the <br />O.H.W. level. <br /> <br />VARIANCE REQUIREMENTS <br /> <br />According to City Code, in order for a variance to be granted, five (5) items <br />must be found: <br /> <br />1) That the literal enforcement of the ordinance would cause undue <br />(unnecessary, unavoidable, extreme) hardship. <br /> <br />2) The nardship caused by' special conditions and circumstances <br />which are peculiar to the land and structure involved and which <br />are not characteristics of or applicable to other lands or <br />structures in the same district. <br /> <br />3) <br /> <br />Literal application of the provisions of this Ordinance would <br />deprive the petitioner of rights enjoyed by other properties in <br />the same district under the terms ofthis Ordinance. <br /> <br />. <br /> <br />4) The special conditions and circumstances are not a consequence <br />of the petitioner's own action or inaction. <br /> <br />5) The variance will not be injurious to or adversely affect the <br />health, safety, or welfare of the residents of the City or the <br />neighborhood wherein the property is situated and will be in <br />keeping with the spirit and intent ofthe Ordinance. <br /> <br />APPLICANT'S REASON'S FOR VARIANCE REQUEST <br /> <br />The petitioner has addressed several reasons for the granting of a variance <br />from the setback requirements for a septic system. In Mr. Comb's letter he <br />mentions the property was purchased over two (2) years ago and if the <br />variance is not granted he would not be able to build on and live in this <br />subdivision like the other property owners in the same subdivision. Mr. <br />Combs also mentions that without the variance the platted lot would be <br />unbuildable and, as a result, would also become unsaleable. In the letter, <br />Mr. Combs mentions that the DNR has already given preliminary approval <br />for a septic system to be installed. <br /> <br />. <br /> <br />combs.troy <br />