2003-062 Council Resolution - Laserfiche WebLink

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City Council May 27, 2003 Laumeyer Variance house and is non - conforming in that it does not meet the required setback, being approximately 80 feet from the OHWL. Additionally problematic is the requirement of the Shoreland Ordinance which specifies that properties subject to its provisions, and applying for a variance, must have conforming septic systems (Chapter 1102.04, subdiv. 3.C): "For existing developments, the applications for variance must clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property. The variance, if issued, must require reconstruction of a non - conforming sewage treatment system." Specifically, the septic system must comply with Chapter 402 of the City Code and the Minnesota Pollution Control Agency standards (Chapter 7080), as outlined under Chapters 1102.08 and 1102.11 of the Shoreland Ordinance. As the City has no information as to the compliance status of the septic system on site, a Certificate of Compliance from a certified septic system inspector should be required. Please note that the ordinance specifically states that "a sewage treatment system shall NOT be considered nonconforming if the only deficiency is the sewage system's improper setback from the ordinary high water level." In this respect, then, the goal is just to establish functional compliance of the system, and not necessarily to relocate it. A last issue to note is whether the proposed addition implies greater use of the septic system. That is, if additional bedrooms are being installed, then the implication is that the existing septic system will be subject to greater useage. Depending on the status of the system, this increased usage may or may not impact the system. Building Issues • There are a number of different ordinances which address the issue of how high above the 100 -year flood elevation a structure must be elevated. For construction purposes, the lowest floor of a structure should be located a minimum of two feet above the 100 -year flood elevation, which is defined as 910.0 for the Lake Amelia. The applicant has submitted information indicating that the lowest floor elevation of the existing home is at 914.2 (Exhibit 2), which meets the two -foot separation requirement. Elevations are not available for the proposed addition, and it would be required that the addition likewise meet the two -foot separation. Please note that this requirement pertains to the 100 -year flood measurement (910.0), and not the OHWL (908.10). DNR Tom Hovey of the DNR has reviewed this application. Mr. Hovey has stated that the DNR does not oppose the applicant's plans for an addition, as long as such an addition is not built any CLOSER to the OHWL than the current non- conforming structure. 3