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V <br />C)The most appropriate method for determining <br />location of the average setback line is to use the <br />residence to the north at 3865 Bayside Road as the <br />northern terminus of that defined line, rather than the <br />small cabin on applicant's Lot 4. Based on an average <br />setback line defined between the houses at 3865 Bayside <br />Road and 340 Westlake Street, the proposed additions do <br />not require a variance for average setback. <br />4.Per Municipal Zoning Code Section 12.30, Subdivision 4 <br />(E), the existing on-site sewage treatment system on the <br />property has been reviewed based on the expansion of this <br />residence from a 1 bedroom status to a 2 bedroom status. <br />The existing septic system is substandard in design and <br />size, based on estimated soil conditions and minimum code <br />requirements. However, that system is functioning <br />adequately and no seepage or evidence of past seepage is <br />visible. It is unlikely that this system could be upgraded <br />totally within the requirements of the code based on <br />probable soil conditions, but the system could conceivably <br />be expanded by lengthening the existii^g drainfield trenches <br />without encroaching into sanitary setbacks or lake setbacks. <br />Such an expansion would require extending into the adjacent <br />commonly owned Lot 4, and at such time that trench extension <br />occurred, the northerly and southerly lots would have to be <br />legally combined. <br />5.The installation of municipal sewers has been studied in <br />the Stubb's Bay area, including this property. As of the <br />date of this resolution, no decision has been made as to <br />whether the City will proceed with a municipal sewer <br />project. The applicant has agreed to sign a waiver of his <br />assessment appeal rights for the reasonable share of costs <br />to be assessed to his property if that sewer project is <br />undertaken. <br />6.The City Council has considered this application <br />including the findings and recommendations of the Planning <br />Commission, reports by City staff, comments by the applicant <br />and the effect of the proposed variance on the health, <br />safety and welfare of the community. <br />Page 2 of 8