09-14-1992 Council Minutes2 - Laserfiche WebLink

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D orsey ifc Whitney City of Orono August 28, 1992 Page 3 8. 9. Being a guest house, and being intermittently occupied, the system receives minimal usage. Very little cooking is done in the guest house, and on the average the system is utilized for one or two flushes a day at the most, which in terms of the sewage disposal capacity of the system is absolutely minimal. The Planning Commission has required as a condition to its approval that a perfectly good working system be torn out and eliminated and a new system installed within a year. The Hansers feel that this request is unfair and unreasonable for the following reasons: A. The fact that the septic system is located within either the side yard setback or the setback from Tanager Lake is no reason to declare this system nonconforming unless the system is also failing for any reason. See Section 12.30, Subd. 2(c)(iii) on page 491 of the Code. The facts indicate that the system ij not failing at all but is properly working. The system literally falls within the classification of a "conforming system." Sgg Section 12.30, Subd. 2(c)(ii) on page 491 of the Code. The only factor that can make this system be nonconforming is the issue of whether or not there are less than three feet of unsaturated soil or sand between the distribution device and the limiting soil characteristics. The City has not produced any evidence on that point whatsoever. The only thing that is being said is that the system is nonconforming and its use should be terminated because of its location near the lake. That is not a sufficient reason to declare the system nonconforming even under the changed Code. Further, it is not a sufficient reason under the changed Code to say that a new system if it were being built would not be built now in this location, so that this old system should not be allowed to remain there, even if it is working. We all understand that a new* system w'ould not be allowed to be built here. What W’c should all be striving to reach, both the private property owners and the City of Orono, is to have a system which under its existing use does not pollute the environment. Certainly there is ample evidence with respect to this system that that is the case. B.It is unfair and inequitable to enforce this ordinance <mly as against those persons who by reaM>n of nevvssity ot complying with