RESOLUTION NO. 08-01

RESOLUTION TO APPROVE A SPECIAL EXCEPTION WITH CONDITIONS TO THE CITY OF SODAVILLE ORDINANCE 81-6

WHEREAS, the City Council of the City of Sodaville has adopted Ordinance No. 81-6, said ordinance giving the City Council the authority to grant an easement in circumstances where an applicant for a sub-surface sewage disposal is financially unable to perform the necessary repairs to protect the public health, and

WHEREAS, the City of Sodaville has the authority to approve conditions for the granting of the easement, and

WHEREAS, Section 3 of Ordinance 81-6 states that if the easement, if granted, will be for the drain field only, and that no pumps or tanks will be allowed in the street right of way, and

WHEREAS, the owner of a residence situated on property at 38140 Main Street, which is located on T12S, R2W, Assessors Map Section 36AC, Tax Lot 200, has applied for replacement of the septic tank on the affected property; and

WHEREAS, it is not possible to physically locate the septic tank on the above-referenced lot; and

WHEREAS, the current septic tank is currently affecting the public health and safety on adjacent and nearby properties according to the professional recommendation provided by the Linn County Environmental Health Program, and

WHEREAS, the only alternative available is to place the replacement septic tank in the undeveloped portion of the right of way of Fisher Street, and

WHEREAS, in order to locate the septic tank in the undeveloped portion of the right of way of Fisher Street, it is necessary and essential that the City Council of the City of Sodaville grant a Special Exception to Ordinance 81-6 to grant an easement in the undeveloped portion of the right of way of Fisher Street, said septic tank to be located in accordance with a diagram of the property that is attached to this resolution; and

WHEREAS, the septic tank shall be located with conditions of approval as outlined in this resolution, and

WHEREAS, The City of Sodaville and Linn County Environmental Health have been involved with the situation, have been working with homeowner, and with Willamette Neighborhood Housing Services to rectify the problem; and

WHEREAS, without the permission of an easement to place a new septic tank in the undeveloped portion of Fisher St. where the existing tank is currently located, the potential public health risk problem cannot be resolved:

NOW, THEREFORE, BE IT HEREBY RESOLVED THAT:

1. The City Council of the City of Sodaville hereby grants a Special Exception to Ordinance 81-6 to grant an easement to allow a new septic tank to be located in the undeveloped portion of Fisher Street, in place of the existing tank with conditions set forth in Section 2-4.

2. Under any of the following circumstance, the tank shall be relocated onto said property; 38140 Main St, Sodaville OR, T12S R2W Assessors Map Section 36AC, Tax Lot 200.

a. Altering of existing home, additions, foundation work, or removal of existing structure to allow building of a new home.

b. Any and all changes in ownership.

3. The easement for placement of the septic tank in the undeveloped portion of Fisher Street shall be approved by the Sodaville City Council.

4. The septic tank shall be installed in accordance with the rules and procedures of the Linn County Environmental Health Program.

Passed by the Council this 22 day of April, 2008.