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This hardly constitutes a situation where the City has caused an unusually large concentration <br />of water to accumulate as a result of its street and drainage system. <br /> <br />3) Farber's claim that the City granted a variance and allowed the neighboring property to <br /> construct a single-family home which caused the run-off problem: <br /> <br />The existing property west of the Farber property was vacant until the Fail of 1992. A <br />variance from the section of City Code which requires 200 feet of frontage was granted by <br />the City Council. The property has only 66 feet of frontage, which consists of the western <br />terminus of 171st Lane. The alternative of not granting the variance would have caused the <br />dedication and construction of a portion of 17Ist Lane, either with a cul-de-sac or an <br />extension of the street. In either case, it would not have changed the run-off patterns and <br />would, in fact, have increased the amount of run-off from paved surfaces. This neighboring <br />property was developed in a reasonable manner and is consistent with the types of structures <br />and landscaping found elsewhere in the neighborhood. Drainage from the property ~s not <br />excessive or maliciously directed. In my opinion, while the development of the neighboring <br />property may have exacerbated the problem, it did not cause it. The natural topography <br />causes drainage toward Farber's low area. I personally received a complaint from the <br />property north of the Farber's property about water ponding in the front yard, which is very <br />fiat and is located at the toe of the hill, similar to Farber's property. This complaint occurred <br />before the property to the west was developed. In addition, Public Works Supervisor Merle <br />Mevissen had received calls from the previous occupants of Farber's residence regarding the <br />same situation Farber has described. <br /> <br />Staff believes the solution to Mrs. Farber's problem involves relocating the soil absorption field <br />to a location which is not subject to flooding. The City has a policy which deals with the repair <br />of failing septic systems. This policy is attached. Although the policy is largely directed toward <br />eliminating public health hazards when the responsible property owner is unwilling or unable to <br />facilitate repairs, the policy does provide a mechanism for the City to finance the repair of a <br />failed system if the property owner cannot arrange alternative financing. <br /> <br />Council Action: <br /> <br />Based on discussion. <br /> <br />Reviewed by: <br /> <br />City Administrator <br />City Attorney <br />Public Works Supervisor <br /> <br />CC: 04/22/97 <br /> <br />Shared/CouneilclFarbercc.do¢ <br /> <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br />i <br />I <br />I <br />I <br />I <br />I <br /> <br /> <br />