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2020-007
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lot of this size. The requirement of the Property to achieve 20,000 square feet of <br />septic area is an overly burdensome request when considering that the required <br />septic area would take up 65.7 percent of the Property. If a septic system can be <br />constructed that is acceptable to Washington County, which is the permitting <br />authority for septic systems, then the 20,000 square foot requirement appears <br />arbitrary. The Applicant did not create these lots, so the Applicant's plight was not <br />caused by the Applicant. Therefore, the Applicant has established that there are <br />practical difficulties. <br />c) With respect to the proposed variance for the size of the lot, the proposed variance <br />will not alter the essential character of the locality. The Applicant's request to build <br />on the Property is not out of the ordinary for the neighborhood. The lot size will <br />be no smaller or larger than it was in 1961 and 1994. The Applicant is also not <br />seeking a variance relating to setbacks or impervious surface. <br />d) With respect to the proposed variance for the area of the septic area, the proposed <br />variance will not alter the essential character of the locality. There is no way to <br />visually assess the Property and come to the conclusion that the septic field <br />requirement has or has not been satisfied. The criteria has been met. <br />e) With respect to the proposed variance for the size of the lot, the proposed variance <br />will not impair an adequate supply of light and air to the adjacent properties or <br />substantially increase the congestion of the public streets or substantially diminish <br />property values. A single-family home will not add any significant traffic to the <br />neighborhood. It will also not substantially diminish property values as the <br />surrounding properties are also single-family homes. Since it is only a single- <br />family home, there are height restrictions attributable to single-family homes so the <br />new home should not block any light or air with respect to the adjacent properties. <br />fl With respect to the proposed variance for the septic area, the proposed variance will <br />not impair an adequate supply of light and air to the adjacent property or <br />substantially increase the congestion of the public streets or substantially diminish <br />property values for the reasons stated above. The required size of the septic area <br />has no bearing on any of the required metrics that are required for evaluation. <br />DECISION AND CONDITIONS OF APPROVAL <br />1) The City Council hereby approves the requested variances with respect to minimum <br />lot size and the minimum septic area for the Property. The conditions of approval <br />for variance approval are set forth below: <br />1. The Applicant shall receive and provide to the City an approved septic permit from <br />Washington County as well as the soil survey used to receive approval from the County. <br />2. The site design for the Property shall comply with the applicable recommendations <br />outlined in the Engineering Memo dated January 2, 2020. <br />3. The Applicant shall combine Lot 7 of Beau -Haven and Outlot G of Eagle Point Creek <br />Estates to achieve one properly tax identification number prior to the City issuing a <br />building permit. <br />4. Unless future code amendments state otherwise, no improvements, with the exception of <br />the septic system shall be constructed on Outlot G unless Outlot G and Lot 7 are <br />replotted. <br />5. Outlot G (16.029.21.34.0015) shall be rezoned from RE to RS. <br />632992v1LA515-1 <br />
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