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Mayor Butler and City Council Memhers <br />September 8, 1986 <br />Page 5 <br />9. Contribute to flooding or water pollution. <br />The City has historically used is a test for the granting of a <br />variance within the 75 foot set back area whether or not there will be <br />any increase in hard cover. In this instance, there will be <br />absolutely no increase in hard cover. <br />In summary, there is no justifiable reason not to allow the <br />installation of the sub -surface drainage pipe which is proposed. <br />While we understand that members of the Planning Commission and <br />perhaps members of the Council have concerns about the appropriation <br />of ground water for heating and cooling purposes, that question is a <br />much broader one to be dealt with by the Legislature. At this point, <br />that body has authorized the Department of Natural Resources to <br />protect the groundwater resources of this state. For that reasQrâ–º, the <br />City does not have jurisdiction over this aspect of the construction <br />of Mr. Ulrich's residence. The hardship which exists relates to the <br />manner of discharge of the appropriated -groundwater. The request has <br />been mare based upon the unsuitability of the other methods available. <br />This is not an economic hardship. <br />We respectfully request that the City evaluate this request and apply <br />the same standards that are used in evaluating similar requests by <br />other residents of the community. We will be present Monday night to <br />answer questions related to this matter. <br />Sincerely yours, <br />i" <br />as B. Humphrey, Jr.o <br />LARKIN, HOFFMAN, DALY b LI DGREN, LTD. <br />jh <br />