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• d. That granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. The zoning ordinance now requires all lots without city utilities to be a minimum of 10 acres in size, thus guaranteeing ample room for the placement of onsite sewage treatment systems. C. That the proposed actions will be in keeping with the spirit and intent of the ordinance. The spirit and intent of the Ordinary High Water Level setback for sewage treatment systems is to maximize the spacing between the lake and a possible pollution source. As the city requires periodic inspection of the systems to guarantee systems are operational, this setback variance will not be in violation of that goal. PLANNING AND ZONING BOARD On July 9, 2008 the Planning and Zoning Board had much discussion about this request, ultimately recommending approval with the request that staff obtain a revised site plan. On July 23, 2008 the applicant submitted a revised site plan that better indicates the area earmarked for the placement of the proposed septic system. Previously,there were some questions about the possibility of placing the system in the front yard. The revised plan clearly depicts the size of the mound needed for the proposed system. RECOMMENDATION The Planning and Zoning Board and staff are recommending approval of Resolution Number 08- 80, approving a shoreland ordinance variance, which includes the following condition of approval: 1. Prior to the approval of a permit, a monitoring and mitigation plan must be submitted. This plan must clearly require a minimum of annual visual inspections of the system. Attachments: 1. Resolution No. 08-80 2. Site Plan submitted July 23, 2008 •