04-21-1997 Planning Packet - Laserfiche WebLink

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#2201 George Adams, James Fieger and S. T. Robb, Jr., 570,580 and 590 Big Island AprU 15, 1997 Page 2 As a result, there is no further need for the vacation. However, because piping connecting the three cabins to the single shared septic system will be located within the right-of-w ’ay, a permit is required per Section 10.31, Subd. 5. Further, because the trenches will be right up to the right-of-way (which is not marked or clearly delineated) it would be appropriate to allow applicants to place a split rail or similar open-style fence 2-3 feet into the right-of-way to protect the trenches from errant public traffic. It would appear that public use of the right-of-way will be not limited by approval of the requested permit, since the piping will be buried and no facilities other than piping and a fence will be located in the right-of-way. Staff would recommend that the two 1,000 gallon proposed tanks be located entirely within the Robb property rather than having a portion of the first tank partially within the right-of-way. The likelihood of damage to the private sewer lines is minimal. However, it would be appropriate that the applicants execute a hold harmless agreement, holding the City and the public harmless for any damage that occurs to such piping as a result of public use of the right-of-way. As a shared system, the septic system will be subject to easements granted between property owners, as well as maintenance agreements similar to those established for the shared septic system installed a few years ago just to the west of these tliree properties. It should be noted that applicants were advised to explore the option of holding tanks. In staffs opinion, the proposed shared septic tank-drainfield system is far superior to holding tanks for the lon"-term. The site evaluator ’s report notes that the tanks will require some administrative setback \ ariances, which staff will approve. Finally, it should be noted that this system is designed to serve a seasonal cabin-type use, and should not be constnied as having the capability to serve year-round full-time occupancy of these cabins. Staff Recommendation Staff recommends approval of the necessary permit for placement of private sewer lines and a section of fence within the right-of-way, subject to the following conditions: 1.Applicants shall locate the proposed septic tanks totally within the Robb property. Staff must approve fence location and construction on the site. 2.All three property owners shall execute a hold harmless agreement regarding private facilities in the right-of-way. 3.Approval of the septic system will be subject to the necessary easements/maintenance covenants for use of the shared septic system, subject to approval of City staff