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Orono, MN 55356 Crystal Bay, MN 55323-0066
TO: Mark Winter
FROM: Lyle Oman, Building Official
DATE: May 23, 1997
SUBJECT: Variance required for On-Site Sewage Treatment System at 2245 French Lake Rd.
The DNR mandated Shoreland Regulations require that on-site sewage treatment systems meet a 150
foot setback from natural environment lakes. A variance may be granted if the City Council
determines there is sufficient hardship.
In this instance the existing system is non-compliant and must be abandoned according to the DNR
Shoreland Ordinance,but the only drainfield site which complies with MPCA Regulations is located
too close to a natural environment lake according to the same Shoreland Regulations that condemned
the existing system. Based on my 14 years working for the city of Orono I feel the city council will
approve the variance based on the following facts.
-the 96 foot setback is greater than the 75 foot setback required for most lakes in Orono
such as Lake Minnetonka
-the property was developed and the house was built long before the shoreland ordinance was
established in 1992
-denial of the variance or denial of an other option would make the property unbuildable
and uninhabitable
-in my time with the city, the city has never made a property unbuildable or a building
uninhabitable merely due to a setback issue (or for any other reason)
-denial of the variance and making the property unbuildable and the house uninhabitable
could be considered a taking and leave the city open to litigation
-the city has always been able to approve some alternative to provide some type of septic
system for existing properties
Telephone (612) 473-7357 • FAX 473-0510
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�— ��' Orono, MN 55356 Crystal Bay, MN 55323-0066
TO: Jon Sanders
FROM: Stephen Weckman, On-Site Systems Manager
DATE: May 20, 1997
SUBJECT: Variance required for On-Site Sewage Treatment System at 2245 French Lake Rd.
The DNR mandated Shoreland Regulations require that on-site sewage treatment systems meet a 150
foot setback from natural environment lakes. A variance may be granted if the City Council
determines there is sufficient hardship.
In�his instance the existing system is non-compliant and must be abandoned according to the D�IR
Shoreland Ordinance,but the only drainfield site which complies with MPCA Regulations is located
too close to a natural environment lake according to the same Shoreland Regulations that condemned
the existing system. The lot was developed and a house built long before the Shareland Regulations
which were established in 1992. Also, many drainfields in the French Creek Development have a
setback less than the 97 foot setback of this proposed system. The City staff will recommend
approval of the application. The City Council will almost certainly approve the application as it is
consistent with other land use surrounding this lake and no better option is available to remedy the
situation.
Please contact me at the City Offices if you have any questions.
Telephone (612) 4'13-7357 • FAX 473-0510