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J <br /> 9 <br /> This item is to consider a proposed amendment which would authorize the Board <br /> of Adjustment to grant variances to allow the use of septic easements in <br /> DRAFT <br /> watersupply watersheds. <br /> On November 13, 1995, the Board of Adjustment considered a variance request <br /> by Danny G.Freshwater for a septic easement. The 10-acre lot in question was <br /> part of a plat which was exempt from subdivision regulations. A soils analysis <br /> was not required prior to creation of the lot. Environmental Health determined <br /> that the lot does not contain soils suitable for septic disposal. A residence cannot <br /> be built on the parcel unless wastewater disposal can occur on an easement on the <br /> adjacent parcel. <br /> Article 6.23.9(Watershed Protection Overlay Districts -Water <br /> Supply/Wastewater Disposal)of the Zoning Ordinance prohibits the use of offsite <br /> septic easements in all water supply watersheds. Article 6.23.11 (Watershed <br /> Protection Overlay Districts-Administration)provides for the Board of <br /> Adjustment to grant minor variances of requirements of the watershed protection <br /> overlay districts in accordance with Article 2.3.6. Article 2.3.6(Application of the <br /> Variance Power)authorizes the Board of Adjustment to grant variances related to <br /> dimensional requirements only. <br /> The proposed amendment would give the Board of Adjustment explicit authority <br /> to grant a variance to allow septic easements in water supply watersheds in cases <br /> which meet other findings necessary for variance approval. <br /> The Board of Adjustment delayed action on the November 13, 1995 variance <br /> request for eight months to allow time for consideration of an amendment to the <br /> Zoning Ordinance to address this issue. <br /> The proposed amendment was presented for public hearing on February 26, 1996. <br /> One citizen spoke and indicated support for the proposal. A Resolution from <br /> OWASA indicating support for the amendment was received after the public <br /> hearing. <br /> The Zoning Officer recommends approval of the proposed amendment. <br /> Waddell stated that he felt there would be very few,if any,other lots of this size, <br /> ten acres,that would encounter the problem of no perc site. Rosemond asked <br /> what Waddell based his comment on. Waddell responded that it was the first such <br /> request made of the Board of Adjustment in the six years he has served on the <br /> Board of Adjustment. <br /> MOTION: Waddell moved approval as recommended by the Zoning Officer. Seconded by <br /> Reid. <br /> Katz asked about the memo from OWASA regarding this issue. Hinkley <br /> responded the memo from OWASA stated its support for the amendment <br /> provided it only applies to lots created prior to January 1, 1994, when watershed <br /> regulations became effective. He further noted that this was a lot of record <br /> created long before that date. <br /> Hinkley also noted that while lots over 10.01 acres are not subject to Subdivision <br /> Regulations, when an applicant comes to the Planning Department to have a plat <br /> "signed off"by a Planner as exempt,the Planners do ask Environmental Health <br />