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280 Big Island - 23-117-23-32-0023
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88-1247, VAR
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Project Packet
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We would also like to make clear the nature of the services <br />that we provide for our clients. Your letter leaves the <br />impression that we somehow guarantee that for fees charged <br />we will find an acceptable on site system design. That is <br />not the case. There are sites on which it is not possible <br />to design a system and meet code requirements. There are <br />also provisions of the code which are subject to <br />interpretation and, are in our experience, have been <br />interpreted differently by different building officials. <br />While we are willing to spend our best efforts to find a <br />system that meets our clients needs and the code and for <br />which he can secure approval, it is made clear at the outset <br />of relations with a client that there is no guarantee that <br />we will be successful in designing a systen that will be <br />approved. We urge them to seek written governmental <br />approval before making decisions regarding the use or <br />potential use of their land. Since we cannot know the minds <br />of government officials, nor know the characteristics of a <br />site until we evaluate it, we know of no other way to <br />proceed. In this process we do not wish to persuade the <br />government to put at risk the publics rights to <br />environmental protection and the homeowner's right to expect <br />a properly functioning disposal system nor do we wish to see <br />the government arbitrarily deny the use and enjoyment of <br />property rights to that same public by interpretations of <br />the codes which are not in line with the underlying intent <br />of the codes and which may render the site unbuildable. <br />We continue to feel that our design represents a good <br />response to the conditions on site but would welcome <br />suggestions for improvement. We don't see that reorienting <br />is necessary or desirable but would like to heai- your <br />comments on our reasoning in that regard. We do feel that <br />we should improve the documentation of our ca1c,.ations so <br />that you can more easily follow our design calcul ions. We <br />also feel that an in house check list to catch minor <br />omissions may be useful. <br />One possible avenue to a solution that occurs to us is that <br />if the uphill slopes of the mound which do not receive any <br />effluent were allowed to encroach in to the required <br />setbacks and the width available for construction of the <br />proposed home were reduced to 26 feet, we could move the <br />s,-•stem so that the 75 foot setback from the pond could be <br />met. When Gene discussed these setback requirements with <br />you, yr,i indicated that this was not your normal practice, <br />b'It w4- ,gest it aF a variance that may make more sense <br />than vic, ating the 7 ) setback. <br />
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