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#01-2714 -1340 Baldur Park Rd. March 19, 2003 Page2 include: 1. City has been unable to obtain proper sewer easement from Bill Franklin. The status of the easement is as follows: Mr. & Mrs. Franklin signed an easement document in late 2001, which the City staff forwarded to the City Attorney for filing. After obtaining Franklin's Certificates of Title, the Attorney in April 2002 concluded that the easement could not be filed without minor language revisions documenting the Franklins' marital status. Greg Gappa subsequently sent a revised easement document to Franklin on August 8, 2002. Franklin never returned it. Gappa sent out a second copy on November 8, 2002, which has never been returned. These never were returned to the City by the Post Office, so we must conclude that Franklin received them. In January 2003 Gappa then attempted to file the easement which the City Attorney had rejected, and the County Registrar would not accept it because the Franklins' signatures were in black ink and could not be confirmed as original. 2. Construction of new septic system last fall. Last fall the applicant had a contractor install a new septic system to serve the existing residence. City Inspector Matt Bolterman confirmed that the new system has design capacity for only a 3-bedroom home, and that there was not room on the site to construct primary and alternate systems for a 5-bedroom home as was proposed and approved in Resolution No. 4720. It appears that both conditions a) and b) have come to pass, since the applicant can't connect to sewer absent an easement, and construction of a new home to be connected to a septic system is inconsistent with the conditions of approval noted in the resolution. Applicant's Request The applicant requests that the variances be renewed but with removal of the condition requiring connection to sewer. This request first came to staff in late October 2002 but followup was delayed due to Paul Weinberger's leaving. It is staffs conclusion that a formal variance renewal application is necessary, but the request for changes to the conditions of approval suggests a review by Council is warranted as "old business" for discussion prior to processing a formal renewal application. Staff Recommendation Staff recommends that applicant be advised to 1) redesign the house to a 3-bedroom configuration, and 2) to make a new (not renewal) variance application for a revised house plan and connection to the existing 3-bedroom capacity septic system rather than to City sewer. As an alternative, to preserve his 5-bedroom design, staff suggested to applicant that he might again request that the City condemn an easement for sewer. Staff is requesting Council direction as to whether there is any support for proceeding with a condemnation. Once an easement becomes