09-14-1992 Council Minutes2 - Laserfiche WebLink

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Zoning File 11757 September 3, 1992 Page 3 protected area will require variance approvals. Note that the non- conforming setbacks did not result from the lot lines created with the three lot subdivision. The guest house shall continue to be used by applicant, guests or hired help. Applicant's septic evaluator has provided test information confirming that there is adequate area for both principal and alternate septic sites to serve guest house, review Exhibit P. Based on the code sections noted above, the City asks that the non-conforming septic system be replaced and a conforming system installed within one year of the date of Council's approval of the conditional use permit. At the Planning Commission's August 17th meeting (please review the August Planning Commission Minutes) both applicant and applicant's attorney questioned the need to install a new system when there is no obvious sign of fai lure as confirmed by Ed Sullivan in his letter of July 30, 1992, Exhibit G. Hanser advised that the septic tanks are pumped twice a year and that the current system was never found to be failing under the current maintenance program. Jack Taylor, Mr. Hanser's attorney, has advised that his client would be willing to execute a covenant whereby the current and future owners would be required to maintain the system and that if the system was found to be failing, it would be replaced within a reasonable period of time. Planning Commission members questioned the precedent setting aspect of such an action. Staff advised that the septic matter is in the hands of the On-Site Septic Manager who is obliged to follow the directives of the code. The code requires an upgrading of a system whenever a permit, variance or other land use application is sought by an owner. The septic review information is presented as part of the comprehensive review information always provided to the Planning Commission and Council. If applicant seeks special consideration, it must be presented to the Council as an appeal of an administrative decision. in the approval recommendation of the conditional use permit, the Planning Commission voted in support of the staff recommendation. Please review Exhibit H. Jack Taylor has presented his client's position concerning the requirement to install a new septic system for the guest house within a year, Mr. Taylor will be present tc present his appeal to the Council. The On-site Septic Manager has had an opportunity to review Mr. Taylor's letter of August 28th and has the following comments! Meckman notes that prior to the 1992 amendment of the C site Sewage Treatment Coda the existing system would have been nen-conforming based or its substandard setback from the then thought adlacent wetland now lakeshore. He takes issue with the statement that the system is in a perfectly good working system. The site