01-15-2004 Planning Commission Meeting

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STAFF REPORT Application: Variance to install a drain field for an Individual Sewer Treatment System (ISTS) within the side yard setback and Middle Cullen Lake OHW setback. Applicant: Kenneth and Elizabeth Hirschey Background Information: The Hirscheys are requesting a variance to install an ISIS drain field within five(5) feet of the property line to an adjacent lot. The Hirscheys' property is located in the R-1 zoning district. The side setback in the R-1 zone is 10 feet. The property also lies within the Shoreland Overlay District as it sits on Middle Cullen Lake, a General Development(GD)lake requiring a 75-foot setback from the OHW for ISTS. The Hirscheys' parcel is surrounded on three sides by the lake, which dramatically reduces the building envelope for installing the drain field. The proposed drain field is located outside of the required lake setback on all sides, but only by one foot from the north end of the parcel to the south end if it is centered along the eastern property line. Previously, the Hirscheys shared their drain field with their neighbors; however, the neighbors have decided to install their own system and the Hirscheys must now do the same. The neighbors have submitted a letter indicating their support for the placement of the Hirscheys' drain field within five feet of their property line. The Hirscheys claim that the configuration of their lot, proximity to the lake on three sides, and location of existing features on their lot- including a cabin, trees, gazebo,boat house, and deep well— inhibits the placement of the drain field outside of the side yard setback. They have explored different types of ISTS, including a mound system, but were informed that these systems would require the same amount of space for the drain field. Applicable Statutes: Section 25.040 discusses minimum lot requirements and setbacks for lots on a General Development (GD) lake. Section 25.070 states: "Any uses of shorelands in existence prior to the date of enactment of this Ordinance that are permitted within the applicable Zoning District, but do not meet the minimum lot area, setbacks or other dimensional requirements of this Ordinance are substandard or non-conforming uses. Substandard or non-conforming uses shall be allowed to continue. A structural alteration or addition to a substandard use that will increase the substandard dimensions may be allowed by land use permit if the following apply: 1. Conforming on-site sewage treatment systems and water supply facilities may be installed; 2. Additions or alterations shall not exceed cumulatively, fifty percent(50%)of the square footage of outside dimensions of the structure as it existed on the date of enactment of this ordinance as documented in records in the office of the Crow Wing County Assessor, and for reasons of structural integrity allowing for basements under additions where a basement exists on the original structure. January 2004 Staff Report Page 6