Laserfiche WebLink
Memo to the Mayor and City Council Page 2 <br />June 17, 1996 <br /> <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 /> <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 from the garage instead of the <br />required 20 foot setback. <br /> <br />Dan Lais, DNR Area Hydrologist, has reviewed this item and recommends <br />approval of the variance with the conditions recommended by staff. I have <br />attached a copy of his letter for your review. <br /> <br />Variance <br /> <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 /> <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 /> <br />Recommendation <br /> <br />Staff and the Planning Commission recommend approval of the variance for a <br />5 foot building setback and a 35 foot shoreland setback for the purpose of <br />installing a septic system with the following findings and conditions: <br /> <br />Findings <br /> <br />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 /> <br />s:\planning\kendra\v96-04.doc <br /> <br /> <br />