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037 <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: Board of Adjustment <br /> County Attorney <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 (Watershed Protection Overlay <br /> Districts - Water Supply/Wastewater Disposal) of <br /> the Zoning Ordinance prohibits the use of off- <br /> site septic easements in all water supply <br /> watersheds. Article 6.23. 11 (Watershed <br /> Protection Overlay Districts - Administration) <br /> provides for the Board of Adjustment to grant <br /> minor variances of requirements of the watershed <br /> protection overlay districts in accordance with <br /> Article 2.3.6. Article 2.3.6 (Application of the <br /> Variance Power) authorizes the Board of <br /> Adjustment to grant variances related to <br /> dimensional requirements only. <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 /> A residence cannot be built on the Freshwater <br /> parcel unless wastewater disposal can occur on an <br />