4A - Variance Application to Encroach SSTS within Sideyard Setback

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5. The lot is unique in that it is somewhat "pie" shaped. The shape of the property 116.1 was not created by the landowner. 6. The variance will not create a land use not permitted in the zone. Sewer systems are permitted in the Shoreland Residential Zone. 7. The variance will not alter the essential character of the locality. 8. The variance is not for economic reasons alone. Board of Adjustment Direction: The Board of Adjustment can approve of the variance application, deny the application, or table the request if additional information is needed. If the motion is for approval or denial,findings of fact should be cited. Staff Recommendation: In order for a variance to be approved, the applicants must establish that there are "practical difficulties" in complying with the Zoning Ordinance. Since there appears to be an adequate amount of land within the building envelope for the drainfield and future dwelling, it is difficult that there are practical difficulties in complying with the code. A drainfield must be at least lofeet from a structure. It's important that the drainfield is in a location where it will not be disturbed on a continuous basis (e.g. walked or parked upon). If the soils in the drainfield become compacted, the system may not function properly. We recommend the location of the drainfield be moved to the east a distance of 5 ft so that the sideyard setback requirement can be met. If the drainfield is moved to this location,there will still be 15 ft between the drainfield and the western edge of the future dwelling. There will also be adequate space for a driveway and parking area. If the drainfield is moved to this location, the property owners should consider erecting a barrier between the drainfield and future dwelling/parking area so that it is not disturbed. Pequot Lakes Staff Report 4(a)-3 March 15,2012