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DonsEV ik Whitney <br />City of Orono <br />August 28, 1992 <br />Page 2 <br />2. <br />3. <br />5. <br />At the lime of construction, both the septic system and the guest house <br />were validly constructed and not in violation of any City ordinances. <br />Since that lime the passage by the City of various ordinances has caused <br />the guest house to become a nonconforming structure by reason of the <br />fact that it is within a side yard setback of the property, as well as within <br />a setback from the shore of Tanager Lake, as provided for in the 1992 <br />shoreland ordinance revision, and the septic system is also within the <br />prohibited setback area. <br />It is quite clear that prior to the 1992 revision of the septic code <br />requirements, the septic system serving the guest house was not <br />"nonconforming" -- it was merely "substandard" under the definition <br />in the 4-1-84 version of tb -Site Sewage Treatment Code, Section <br />12.30, Subd. 2.1.(j). The only cnange in the 1992 septic system ordinance <br />which would cause the system to be deemed nonconforming is a <br />change which requires a three-foot separation of the distribution <br />system from saturated sands or soils. <br />Although no one knows exactly where the septic system distribution is <br />serving this guest house, it is being assumed by the City on-site system <br />manager that this septic system violates this requirement, but no one <br />to date has given the ! lansers any proof that that is the case. The only <br />statement in Mr Steven Weekman's report dated July 15, 1992 is that <br />"This encroachment" (and presumably thereby referring to the <br />encroachment within 75 feet of the high water level of Lake <br />Minnetonka) "makes the system nonconforming based on the <br />shoreland rt*gulations and revised septic code requirements." <br />Ba.sed on a letter addressed to Albert Hanser by Edward F. Sullivan of <br />Sullivan's Utility Services, Inc. dated July 30, 1992, which letter is based <br />in part upon the visual inspection of the septic system which occurred <br />on July 30, 1992, the Mansers’ septic system serving the guest house was <br />on July 30, 1992 in good working conation and there was no sewage <br />running into the wetlands. <br />This sys^‘*m has been very carefully maintained, including pumping of <br />the Initial stage of th_e system, no less than twice a year