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Mr. Gordon Heitke <br />October 25, 2006 <br />Page Two <br />would point out to you that Section 402.13 reads as follows: <br />"402.13 Variances. The city plumbing inspector may <br />permit variations from the strict application of any <br />provision of this chapter if he is satisfied that there are <br />special circumstances or conditions affecting the <br />premises for which the variance is requested and that the <br />granting of such variance will not materially affect <br />adversely health, safety, or general welfare or public or <br />private property. Any variation permitted under this <br />provision must be noted on the permit." <br />It seems clear to me that Code Section 402.02 only allows an exception from the <br />sewer connection requirement if there was to be no human occupancy. Therefore, <br />don't believe limited human occupancy was intended to be a special <br />circumstance. Nevertheless, this language is found in the code section and would <br />be available for consideration by the City Council. I would be extremely cautious <br />to try to use any economic hardship as a justification for special circumstances. <br />This may open the entire City up to a claim by property owners to exempt them <br />from City sewer hookups based on their financial conditions. <br />Based on the information in your memo, I was not able to reach the conclusion <br />that there were any special circumstances beyond minimal occupancy and <br />financial hardships that would justify granting a variance from the hookup <br />requirement. <br />If you have any further questions, piease contact me. <br />William G. Hawkins <br />WGH /tju <br />