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Kelly Minor Subdivision & Variance <br />The spirit and intent of the ordinance (lot size) is generally to create enough space for a <br />dwelling, accessory buildings, sewage treatment systems, wells, driveways and other <br />elements typically needed or found on large rural residential parcels. The applicant is <br />requesting one of the lots to be 5 acres, where 10 acres is required by ordinance. The 15 <br />acre lot will exceed minimum lot size requirement. There is enough room on both <br />properties for the elements typically found on large rural residential parcels. The <br />subdivision meets the spirit and intent of the ordinance. <br />4. Prohibited Use. The variance, if granted, shall not have the effect of allowing any use <br />prohibited in the district <br />The variance, if granted, will not allow any prohibited use in the district. A minor <br />subdivision that creates a residential lot is allowed in the Rural Residential (RR) zoning <br />district. <br />5. Hazard Consideration. The variance, if granted, shall not permit a lower degree of <br />flood protection than required by this chapter. The variance shall be determined the <br />minimum necessary, considering the flood hazard, to afford relief, and the variance <br />shall not be issued within any designated regulatory floodway if any increase in flood <br />levels during the base flood discharge would result <br />The property is located within a FEMA designated floodplain. The building area on the <br />15 acre lot will be out the floodplain. The applicant is not proposing to impact the <br />floodplain or wetlands. <br />6. Septic and well compliance. The sewage treatment system and water system of the <br />subject property is in compliance with city and state codes <br />The property is not served with municipal sewer and water. Washington County has <br />approved their proposal for primary and secondary septic systems on the proposed 15 acre <br />parcel. <br />Utilities <br />The property is currently outside of the Metropolitan Urban Service Area (MUSA), which means <br />services are not currently available to the site or planned for the site in the near future. The <br />Agricultural (AG) zoning district is an area identified as requiring installation of private well and <br />septic systems until urban services are available. <br />The proposed 15 acre parcel will have a new well and septic system. The applicant has <br />submitted a soil test indicating that there is sufficient space on the parcel that is suitable for a <br />septic system as well as an alternative septic location. The locations have been approved by <br />Washington County. <br />