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2008-080 Council Resolution
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2008-080 Council Resolution
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Last modified
9/16/2021 8:52:55 PM
Creation date
9/4/2014 11:33:42 AM
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City Council
Council Document Type
Master List Resolution
Meeting Date
07/28/2008
Council Meeting Type
Regular
Resolution #
08-80
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• Setbacks: <br /> The Zoning Ordinance has no specific setback requirements for onsite sewage treatment systems. <br /> The ordinance does require almost all improvements to be setback a minimum of five feet from <br /> property lines. <br /> The Shoreland Ordinance requires the 150 foot setback from the Ordinary High Water Level of <br /> Peltier Lake. To come close to meeting this requirement the property owner would need to put <br /> the sewage treatment system in the front yard of the property, however the property's well is <br /> already located in the front yard. <br /> Sewage Treatment systems are required by state law to be setback 10 feet (tanks) and 20 feet <br /> (drain fields) from dwellings, 10 feet from property lines and 50 feet from wells. These <br /> requirements further reduce the area a system can be placed on the site. <br /> Findings: <br /> State law requires the following finings to be made in order to grant the approval of a variance. <br /> Staff has completed the findings in regards to the upland lot area reduction based on the revised <br /> submittal: <br /> FINDINGS <br /> • In considering all requests for Variance or appeal and in taking subsequent action, the <br /> City shall make a finding of fact: <br /> a. That the property in question cannot be put to a reasonable use if used under <br /> conditions allowed by the official controls. <br /> The property is currently developed with a single family home that requires a <br /> private sewage treatment system in order to continue its use legally. <br /> b. That the plight of the landowners is due to physical circumstances unique to <br /> his property not created by the landowner. <br /> The property was platted prior to the adoption of a 10 acre minimum lot size for <br /> properties not served by city utilities and the 150 foot Ordinary High Water Level <br /> setback within the Shoreland Ordinance. <br /> C. That the hardship is not due to economic considerations alone if reasonable use <br /> for the property exists under the terms of the ordinance. <br /> The site is developed with a single family home that must be served by a sewage <br /> treatment system. The current system is failing and must be replaced. Strict <br /> enforcement of the Shoreland Ordinance's Ordinary High Water Level setback and <br /> all of the other setback requirements would make replacing that system impossible, <br /> reasonable use of the property would therefore be denied. <br /> • <br />
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