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o � /� � ��o 0 ,, ��r,�� CITY of ORONO ��,� �� 's"'�'��'� ,. Munici al Offices �,'�'n � ,�` . '( , �'�� P � ��:�� `��.�� Street Address: Mailing Address: ,9$'EgHO�'-'� 2150 Kelley Parkway P.O. Box 66 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