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Request for Council Action continued Page 3 of 4 November 29, 1995 Zoning File #2084 Thomas R. McCune, 1473 Bay Ridge Road f. Because the existing septic system is located in the area of the proposed garage/bedroom/bath addition, and because that septic system must remain in use until/unless municipal sewer is provided to the property, it is appropriate that construction of this addition be delayed until such time that sewer is available, while the sunroom addition will not be hindered by the septic system location. Septic System Upgrade Agreement Because the property is in the shoreland, any request for a variance or building permit triggers the need for an upgrade of the septic system. The existing septic system on this property is non -conforming due to lack of 3' separation from seasonal saturation zones. This is virtually identical to the recent request for a building permit at 1860 Shoreline Drive, which prompted the City to develop a "Septic System Upgrade Agreement" to be executed by the property owner, requiring a 150% Letter of Credit for the cost of system upgrade. It is assumed that applicant will request a permit for the sunroom before a decision is made on City sewer. Council may wish to consider a number of options: 1. Require that applicant execute a "Septic System Upgrade Agreement" and provide a suitable Letter of Credit prior to issuance of a permit for the sunroom. This will also require that testing be done to confirm that a suitable site exists. 2. Allow the sunroom to be constructed without requiring such an agreement (this would seem to be inconsistent with the 1860 Shoreline situation, but perhaps is appropriate given the total neighborhood is in support of sewer "ASAP"). 3. Delay final action on the entire variance request until a decision whether sewer will be provided to this neighborhood has been finalized. Staff Recommendation Staff concurs with the Planning Commission recommendation for approval, subject to the garage wing addition not being constructed until sewer is available. Planning Commission did not discuss the "Septic System Upgrade Agreement" since that is a very recent administrative procedure that has been developed. It would be consistent for Council to require the Agreement/Letter of Credit before a permit can be issued for the sunroom (although the unanimous support for sewer in Bay Ridge may be a discerning factor), and it would be appropriate that the City not issue a permit for the garage wing until a "completion date" for municipal sewer availability has been established, which date should coincide with the date that the septic system will be taken out of commission.