07/28/2008 Council Packet - Laserfiche WebLink

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Setbacks: The Zoning Ordinance has no specific setback requirements for onsite sewage treatment systems. The ordinance does require almost all improvements to be setback a minimum of five feet from property lines. The Shoreland Ordinance requires the 150 foot setback from the Ordinary High Water Level of Peltier Lake. To come close to meeting this requirement the property owner would need to put the sewage treatment system in the front yard of the property, however the property's well is already located in the front yard. Sewage Treatment systems are required by state law to be setback 10 feet (tanks) and 20 feet (drain fields) from dwellings, 10 feet from property lines and 50 feet from wells. These requirements further reduce the area a system can be placed on the site. Findings: State law requires the following finings to be made in order to grant the approval of a variance. Staff has completed the findings in regards to the upland lot area reduction based on the revised submittal: FINDINGS In considering all requests for Variance or appeal and in taking subsequent action, the City shall make a finding of fact: a. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The property is currently developed with a single family home that requires a private sewage treatment system in order to continue its use legally. b. That the plight of the landowners is due to physical circumstances unique to his property not created by the landowner. The property was platted prior to the adoption of a 10 acre minimum lot size for properties not served by city utilities and the 150 foot Ordinary High Water Level setback within the Shoreland Ordinance c. That the hardship is not due to economic considerations alone if reasonable use for the property exists under the terms of the ordinance. The site is developed with a single family home that must be served by a sewage treatment system. The current system is failing and must be replaced. Strict enforcement of the Shoreland Ordinance's Ordinary High Water Level setback and all of the other setback requirements would make replacing that system impossible, reasonable use of the property would therefore be denied. • • •