PLA-V25-021 Staff Decision - Laserfiche WebLink

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same zone; however, nonconforming land uses or structures in the vicinity or violations of land use regulations or standards on the subject property shall not in themselves constitute such circumstances or conditions; and The Olds Mobile Home Park was expanded from 23 mobile home spaces and 7 RV spaces to 43 mobile home spaces in 1990 by V90-003 which approved the expansion and the new septic system on east adjacent tax lot 500 via septic easement. At that time, the park had multiple septic systems on site. The approved expansion allowed the entire 4.16-acre property to be dedicated solely to the siting of manufactured homes, and for all of these homes to become dependent on a septic drainfield located on property not owned by the park. The septic easement itself is unusual, in that it includes an expiration date of April 30, 2006 with the option for a 10-year extension if no alternative area for a septic system was found. The applicant states use of the field must cease by June 2026. The planting of hazelnut trees on top of the drainfield is also unusual. The circumstances are sufficiently unusual and do not generally apply to land, buildings or uses in the EFU zone. The criterion is met. (c) The degree of variance from the standard is the minimum necessary to permit development of the property for the proposed use; and The expansion proposed is solely to accommodate the new septic system. Primarily the land required for this system is for a drainfield, and replacement drainfield, serving 43 dwelling units. The applicant provided a preliminary evaluation letter from DEQ that explains for an estimated 10,750 gallons per day, the drainfield will need to be 3,583 linear feet with minimum trench spacing of 10 feet. The minimum drainfield space will therefore be approximately 40,000 square feet. The applicant requests a property line adjustment, and variance for expansion, of an area approximately 80,000 square feet in order to accommodate both the drainfield and repair area. The applicant is proposing a septic system utilizing pre- treatment to keep the required drainfield space as minimal as possible. The proposed expansion is not for additional dwelling units, mobile home spaces, or other uses associated with the park beyond wastewater disposal. The proposal is the minimum necessary to permit establishment of the new septic system and allow for continued occupancy of the park at no more than the existing capacity. The criterion is met. (d) The variance will not have a significant adverse affect on property or improvements in the neighborhood of the subject property; and The proposal will not result in an increased population in the park. The proposal will result in 1.86-acres being removed from farm use to accommodate the septic system and repair area. However, this area will be adjusted so as to be within the bounds of the parcel that contains the mobile home park. The northern parcel, tax lot 600, is currently 6.92 acres and after adjustment will be approximately 4.06-acres. This parcel is already significantly smaller than the minimum parcel size for EFU zoned parcels and has been devoted to nursery crops which are an appropriate and profitable crop category for smaller farm parcels. Tax lot 600 will continue to be adequately sized for the type of farm use that has been practiced on this parcel, as well as being available for use in conjunction with neighboring parcels. Approval of this proposal will not significantly adversely affect tax lot 600. There are no other parcels that will be adversely affected by the proposal. On the contrary, the proposal will result in a properly functioning septic system which is more desirable in any neighborhood than a failing septic system. The criterion is met. (e) The variance will not have a significant adverse affect upon the health or safety of persons working or residing in the vicinity; and The proposal will not result in an increased population in the park. The new system will be an improvement on the existing one and therefore not possibly detrimental to the health or safety of persons working or residing in the vicinity. The criterion is met. (f) The variance will maintain the intent and purpose of the provision being varied. The specific provision in this case is MCC 17.114.150 which states that any expansion of a non- conforming use requires a variance to be approved. This provision carries its own specific criteria which are addressed in the next section. Staff has found that those criteria are met, as well as the above criteri that are found in MCC 17.122.020. The purpose of this provision is to maintain consistency of uses