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ireMr. Dean Maeser February 1, 1995 Page 2 c. It is the City's position that the rental cabins are no longer a lawful nonconforming use. Per Zoning Code Section 10.03, Subd. 5(F) ". . . any lawful nonconforming use involving a structure with an assessor's fair market value upon the effective date of this zoning chapter (1/1/75) of $3,000 or less may be continued for a period of thirty-six months after the effective date of this zoning chapter, where upon such nonconforming use shall cease, unless brought into conformity with the zoning chapter". A review of the City Assessor's records indicates the fair market value of the two rental cabins as of 1/1/75 appears to have been approximately $1,900 combined. Technically therefore, the nonconforming use for rental purposes was required by code to cease as of 1/1/78. In effect, the City has tacitly allowed this use a sixteen year grace period. d. The two cabins and your home share a septic system located less than 75' from the lake and less than 3' above the water table, according to City records. This system is by definition nonconforming and subject to City ordinances regarding nonconforming septic systems. e. A septic system repair permit issued in 1980 was acknowledged by the then owner, Leo Levens, as a temporary repair. This repair primarily was for the main house, although the cabins had apparently always been connected to the main house system. Had you or the previous owner requested City permits for any work on the rental cabins, that would have triggered review of the conformity issues which are now of concern due to the sewer connection requirement for the house. f. We are reviewing the circumstances to determine whether continued use of the non- conforming septic system is a basis for a hazardous building action regarding the cabins. Zoning Administrator Jeanne Mabusth and I met with you in April 1992 to discuss the sewer issues, and advised you of the City's intent to assign only one sewer unit, for the main house. We indicated that the two rental cabins would not be served, and would eventually be required to be discontinued, with a possibility of using holding tanks if approved by the City Council. You did not specifically object to this at that time nor did you subsequently contact the City regarding the number of sewer units when the property was assessed for a single sewer unit. The following are potential options regarding the cabins (Options 2, 3 and 4 require City Council approval and might not be approved if requested): 1. Discontinue rental use of the cabins, remove their plumbing, and abandon the existing nonconforming septic system. The two structures would be allowed only non-structural repairs henceforth per Code Sections 10.03, Subd. 5 and 10.55, Subd. 26. 2. Request the City Council's approval to construct a holding tank system to serve the two cabins. Such a system requires intensive and expensive maintenance. It would be unusual for the City Council to allow holding tanks in any situation other than on a temporary basis where municipal sewer is expected to become available in the near future. That is not the case here. City staff will not support this option.