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REQUEST FOR COUNCIL ACTION Department Approval: Administrator Approval: Name: Michael P. Gaffron /YA, JLA, Title: Planning Director Cljlf~ Date: March 19, 2003 Item No.: Agenda Section: Zoning Item Description: #01-2714 Frederick Puzak, 1340 Baldur Park Road -Variances - Review Conditions of Resolution No. 4720 List of Exhibits A -Staff letter to applicant of 3-7-03 w/attachments B -Applicant's letters ofrequest 6-20-02, 10-21-02, 2-17-03 C -Resolution No. 4720 D -Septic Design Approval 6-27-02 Summary of Request -Applicant requests Council approval to eliminate the variance approval condition requiring connection of his proposed new residence to sewer. The new septic system constructed in 2002 for the existing house does not have design capacity to serve the proposed 5- bedroom home. In addition to the need for a formal variance renewal (variances expired 11-13- 02), the Resolution language provides for Council review because sewer connection is not feasible and construction using a septic system is not consistent with the variance approvals. Background Applicant was granted a number of variances for construction of a new home partially within the 0- 7 5' lakeshore setback zone, to replace his existing residence, on November 13, 2001. Resolution No. 4720 required that the new residence be connected to municipal sewer, as the property is in the MUSA and within the defined Urban Area of the City. The ability to connect to sewer was predicated on the adjoining property owner, Bill Franklin, granting an easement for extension of the municipal sewer lines. The Resolution contains language indicating that certain conditions will trigger further review by the City Council, i.e.: a) if it is determined that connection to sanitary sewer is not possible; or b) if it is found by City staff that the final construction plans are not consistent with variance approvals. The variance approvals expired last fall without a building permit application being filed by the applicant, and must be renewed before building permits can be issued. However, a number of subsequent factors suggest the need for further Council review of the original approval. These factors B