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Memo to the Planning Commission Page 2 <br />May 28, 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 designer is proposing a pressurized system. The proposed septic system <br />should have enough lateral to treat coliforms and nitrates. The system <br />should be graded away from the river to reduce any potential contamination <br />problems. <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 instead of the required 20 foot <br />setback from any structure. <br /> <br />Staff had a preliminary discussion with Dan Lais of the DNR-Division of <br />Waters and indicated that, in staffs opinion, this variance is the best solution <br />available. The DNR will review this item and get a letter to the City Council <br />outlining their position. <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 />In staffs opinion, this applicant very Clearly shows a hardship in that there is <br />no room to place a new septic system on the property. They are required to <br />have a septic system on site and the only way they will be able to do that is to <br />get a variance on the setbacks. If the variance is not granted, the applicant <br />will lose all use of the land as a residence. <br /> <br />s:kplanning\kendra\v96-04.doc <br /> <br /> <br />