request for council action re driveway

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REQUEST FOR COUNCIL ACTION DATE: 6/11/99 ITEM NO: ,� Department Approval: Administrator Reviewed: Agenda Section: Name Stephen Weckman Zoning Administrator's Title On-Site Systems Manager Report Item Description: Kurt Schmid, 160 Golden View Rd. -Appeal of Administrative Decision Attachment: Site Survey SUMMARY: We have denied Mr. Schmid's request to relocate his driveway within 5 feet of the five bedroom drainfield area. The request was denied for the following reasons: 1) the expansion area of the primary drainfield site would be destroyed in order to achieve proper drainage around the driveway 2)no valid hardship e�cists 3)approval of the request would limit the future potential of the property 4) approval would set a bad precedent HISTORY: The Orono Municipal Code pertaining to septic systems was revised in 1992 to require the design and protection of five bedroom drainfield sites for a11 new lot divisions. The rule change was made because we received many complaints from buyers of new lots who felt it very limiting that they could not built a five bedroom residence on a two acre lot. The City Council at that time agreed that allowing new properties to be limited to four bedroom residences was not in the best interest of the community and the Municipal Code was changed to require five bedroom drainfield sites. The property owner, Mr. Schmid, is requesting permission to use the expansion area for the primary drainfield site to build a driveway for his new residence that is currently under construction. In order to provide access for the construction of the residence, a driveway has already been constructed that meets a twenty foot setback to the five bedroom drainfield site as it is shown on the survey for the proposed residence. Mr. Schmid feels that the nzles are overly restrictive since he is only building a four bedroom residence and he does not intend to add a fifth bedroom. He wishes to build the driveway five feet from the five bedroom drainfield area which would be twenty feet from a four bedroom system. We have rejected Mr. Schmid's request because there is cunently a suitable driveway which does not impact the future eapansion area and eliminating the future drainfield areas does not meet the intent of the Municipal Code and it would set a bad precedent to allow an exception without a viable hardship. �,�-��:-�,��`�,� �`�v• ��'��, `r� �„�� ., �w�, �,-� � + T.� COUNCIL ACTION REQUESTED: �;,1 � f t �� ,�. �, r'". }?�.� ��.�.$ 1 t�•-� 'r'z� Motion to support staff s decision regarding the septic site requirement. �r- � . .�