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1191 1. The structure existed on the date the structure setbacks were <br />1192 established; <br />1193 <br />1194 2. A thorough evaluation of the property and structure reveals <br />1195 no reasonable location for a deck meeting or exceeding the <br />1196 existing ordinary high water level setback of the structure; <br />1197 <br />1198 3. The deck encroachment toward the ordinary high water level <br />1199 does not exceed 15 percent of the existing setback of the <br />1200 structure from the ordinary high water level or does not <br />1201 encroach closer than 30 feet, whichever is more restrictive; <br />1202 and <br />1203 <br />1204 4. The deck is constructed primarily of wood, and is not roofed <br />1205 or screened. <br />1206 (3) Nonconforming sewage treatment systems. <br />1207 a. A sewage treatment system not meeting the requirements of chapter <br />1208 113, article II must be upgraded, at a minimum, at any time a <br />1209 variance of any type is required for any improvement on, or use of, <br />1210 the property. For the purposes of this provision, a sewage treatment <br />1211 system shall not be considered nonconforming if the only deficiency <br />1212 is the sewage treatment system's improper setback from the ordinary <br />1213 high water level. <br />1214 b. The city has adopted the following by reference: Minn. Rules pts. <br />1215 7080.0020, 7080.0060, 7080.0065, 7080.0110, 7080.0120, <br />1216 7080.0125, 7080.0150, 7080.0160, 7080.0170, 7080.0175 <br />1217 7080.0176, being the sections containing the technical standards and <br />1218 criteria contained in the "Individual Sewage Treatment Systems <br />1219 Program." The city currently requires and monitors septic system <br />1220 pumping permits that indicate the status of each system. The city will <br />1221 require upgrading or replacement of any nonconforming system <br />1222 within a reasonable period of time, which will not exceed two years <br />1223 following issuance of written notification from the city to the property <br />1224 owner of said nonconforming system. Sewage systems installed <br />1225 according to all applicable local shoreland management standards <br />1226 adopted under Minn. Stats. §§ 103F.201-103F.221 in effect at the <br />1227 time of installation may be considered as conforming unless they are <br />1228 determined to be failing, except that systems using cesspools, <br />1229 leaching pits, seepage pits, or other deep disposal methods, or <br />1230 systems with Tess soil treatment area separation above groundwater <br />33 <br />