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t <br /> 22 , <br /> PROPOSED ORDINANCE AMENDMENT <br /> ORDINANCE: ZONING ORDINANCE <br /> REFERENCE: Article 6.23. 11 Watershed Protection Overlay <br /> Districts (Administration) <br /> ORIGIN OF AMENDMENT: X_ Staff Planning Board <br /> BOCC X Public <br /> Other: <br /> STAFF PRIORITY RECOMMENDATION: X_ High Middle Low <br /> Comment: <br /> PUBLIC HEARING DATE: February 26, 1996 <br /> PURPOSE OF AMENDMENT: To authorize the Board of Adjustment to <br /> grant variances to allow the use of <br /> septic easements in watersupply <br /> watersheds. <br /> IMPACTS/ISSUES: Article 6.23.8 of the Zoning Ordinance prohibits <br /> the use of off-site septic easements in all water <br /> supply watersheds. Article 6.23.11 provides for <br /> the Board of Adjustment to grant minor variances <br /> of requirements of the watershed protection <br /> overlay districts in accordance with Article <br /> 2 .3.6. <br /> Article 2.3.6 Application of the Variance Power <br /> authorizes the Board of Adjustment to grant <br /> variances related to dimensional requirements. <br /> The general variance power does not extend to <br /> regulations pertaining to use. <br /> On November 13, 1995, the Board of Adjustment <br /> considered a variance request by Danny Freshwater <br /> for a septic easement. The Freshwater property <br /> contains 10 acres, Because the plat was exempt <br /> from subdivision regulations, soil suitability <br /> was not determined prior to creation of the lot. <br /> It has been determined by Environmental Health <br /> that the lot does not contain soils suitable for <br /> septic disposal. A suitable site was identified <br /> on an adjacent 10-acre parcel which has already <br /> been developed with a single-family residence. <br /> The owner of that parcel agreed to grant a septic <br /> easement, but would not agree to a recombination <br /> which would allow the suitable soils to be <br /> incorporated into the lot owned by Mr. <br /> Freshwater. <br /> The Freshwater parcel cannot be developed unless <br /> wastewater disposal can occur on an easement on <br /> the adjacent parcel. Under current regulations, <br />