Description
This is a document from court findings allowing a family to experiment with a novel septic system so they can get funding for low cost housing.
The Board has determined that the homeWORD meets the criteria for issuing a variance required under Section VI (E) of the Missoula City-County Health Code. These criteria are listed below and followed by a short explanation of the Board’s decision:
(1) Special circumstances exist which are:
a) peculiar to the applicant's property or situation; and
b) not caused by the applicant's action or inaction;
The Board finds that the HOMEWORD proposal is unique because they are not trying to develop a property that is otherwise not developable and they are not trying to get a variance in order to do less than is required by the Health Code. They are proposing to go above and beyond existing rules, and put in a more expensive system, in order to reuse grey water. In addition, the Board finds that homeWORD’s situation has not been caused by either their action or inaction. They are not seeking relief for a violation of the Health Code; instead they are asking for permission to try something new.
(2) Substantial undue hardship would result from requiring strict compliance to the provisions or provisions from which the variance is sought by:
(a) creating an unreasonable financial burden on the applicant; and
(b) depriving the applicant of rights commonly enjoyed by other persons similarly situated under the terms of this Code.
The Board finds that homeWORD meets the criteria for substantial undue hardship. The applicant has stated that the ability to access funding would be hindered if it were unable to provide reuse of greywater, limiting its ability to donors for the affordable housing project.
The Board also finds that homeWORD is deprived of rights enjoyed by others similarly situated under the Health Code because they are not able to apply for an experimental system. The Health Code establishes minimum standards for septic systems in order to protect public and environmental health, but the Code is not intended to prevent new and innovative technologies that go beyond these minimum standards from being tried.
(3) The Board may approve a variance only if it finds the following in addition to (1) and (2) above:
a) the system that would be allowed by the variance will not cause pollution of state waters in violation of section 75-5-605 MCA; and
b) the granting of the variance will protect the quality and potability of water for public water supplies and domestic uses and will protect the quality of the water for other beneficial uses, including those uses specified in Section 75-4-101 MCA.
The Board finds that the variance will have no detrimental effect on the quality and potability of the area groundwater or drinking water. Further, it will not cause pollution of other state waters as long as the variance and septic permit conditions are met.
The Board has determined that the homeWORD meets the criteria for issuing a variance required under Section VI (E) of the Missoula City-County Health Code. These criteria are listed below and followed by a short explanation of the Board’s decision:
(1) Special circumstances exist which are:
a) peculiar to the applicant's property or situation; and
b) not caused by the applicant's action or inaction;
The Board finds that the HOMEWORD proposal is unique because they are not trying to develop a property that is otherwise not developable and they are not trying to get a variance in order to do less than is required by the Health Code. They are proposing to go above and beyond existing rules, and put in a more expensive system, in order to reuse grey water. In addition, the Board finds that homeWORD’s situation has not been caused by either their action or inaction. They are not seeking relief for a violation of the Health Code; instead they are asking for permission to try something new.
(2) Substantial undue hardship would result from requiring strict compliance to the provisions or provisions from which the variance is sought by:
(a) creating an unreasonable financial burden on the applicant; and
(b) depriving the applicant of rights commonly enjoyed by other persons similarly situated under the terms of this Code.
The Board finds that homeWORD meets the criteria for substantial undue hardship. The applicant has stated that the ability to access funding would be hindered if it were unable to provide reuse of greywater, limiting its ability to donors for the affordable housing project.
The Board also finds that homeWORD is deprived of rights enjoyed by others similarly situated under the Health Code because they are not able to apply for an experimental system. The Health Code establishes minimum standards for septic systems in order to protect public and environmental health, but the Code is not intended to prevent new and innovative technologies that go beyond these minimum standards from being tried.
(3) The Board may approve a variance only if it finds the following in addition to (1) and (2) above:
a) the system that would be allowed by the variance will not cause pollution of state waters in violation of section 75-5-605 MCA; and
b) the granting of the variance will protect the quality and potability of water for public water supplies and domestic uses and will protect the quality of the water for other beneficial uses, including those uses specified in Section 75-4-101 MCA.
The Board finds that the variance will have no detrimental effect on the quality and potability of the area groundwater or drinking water. Further, it will not cause pollution of other state waters as long as the variance and septic permit conditions are met.
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