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Lake Elmo Agenda Section: Planning, Land Use and Zoning No. 9B City Council March 21, 2006 System Setback Variance — 7949 Hill Trail Background Information for March 21, 2006• Section 700 of the City Code was amended in recent years to permit the City to consider variances from the private septic system design standards of that Section and Minnesota Rules 7080. Prior to that Code amendment, no variances were technically possible — although I am told there were some approved regardless. The amended Code provides for a septic variance to be processed in the exact same manner as a zoning variance. On March 13, 2006 the Planning Commission considered this septic variance application to locate a replacement drain field within 15 feet of an existing structure (the home) where Section 700 requires a 20 foot setback. The Commission voted to 8-1 (Ptacek opposed) to recommend approval of the variance requested based on findings that no reasonable alternative replacement drain field site appears available on the site, and a mound system was not a preferred alternative. Commissioner Ptacek stated that he believes that a mound system is a potential alternative. We have attached a letter from the applicant requesting waiver of the variance application fee. Rather than bringing this forward to the Council a s a separate agenda item at the time of application we have processed the application without payment of the fee. The Council is requested to make a separate Motion regarding waiving of the application fee. Any waiver of fee, if approved, probably should be related to this as a septic setback variance related to a failed system to avoid similar requests for zoning variances in the future. Person re onsible: Action items: C' P e Motion regarding waiver of the variance processing fee. Motion to adopt Resolution #2006; approving a variance to Section 700 septic s\design standards to permit a replacement drain field to be constructed at 7949 Hill Trail within 15 feet of the existing house where a 20 foot setback in otherwise required, based on the Findings and recommendation of the Planning Commission. Attachments: C, a 9 Time Allocated: 1. Draft Resolution #2006 - Approving Septic Variance 2. Draft Planning Commission Minutes of March 0, 2006 3. Planning Staff Report 4. Applicant's Documentation