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COUNCIL MINUTES JUNE 9, 2003 APPROVED 145 •146 COMMUNITY DEVELOPMENT DEPARTMENT REPORT 147 148 A. Consideration of Second Reading of Ordinance No. 15-03, Approving Vacation of a 149 portion of Pinto Lane, Jeff Smyser 150 151 Community Development Director Grochala summarized the staff report, indicating this is the second 152 reading of the ordinance and staff recommends approval. 153 154 Councilmember O'Donnell moved to approve the SECOND READING of Ordinance No. 15-03 155 approving vacation of a portion of Pinto Lane right-of-way. Councilmember Dahl seconded the 156 motion. 157 158 Motion carried. Vote: 5 Ayes, 0 Nays. Councilmember O'Donnell voted yea. Councilmember Dahl 159 voted yea. Councilmember Carlson voted yea. Councilmember Reinert voted yea. Mayor Bergeson 160 voted yea. 161 162 Ordinance No. 15-03 can be found in the City Clerk's office. 163 164 Mayor Bergeson noted this will go into effect 30 days from publication. 165 166 B. Consideration of Resolution No. 03-61, Approving Variance for Rebecca Keller, 6206 167 Red Maple Lane, Michael Grochala 168 •169 Community Development Director Grochala presented the staff report, indicating at the last meeting 170 the City Council directed the City Attorney to draft wording that in the future, if 62"d Avenue is 171 widened, there will be no compensation granted if this variance is approved. He added additional 172 information came up with regard to the on-site septic system, which will need to be worked out with 173 staff prior to construction of the septic system. He noted there were three conditions added to the 174 Resolution, which are: 175 1. The applicants, their successors and assigns are hereby notified that should the City of Lino 176 Lakes expand 62"d Avenue by ten feet or less, the City will not pay compensation to the 177 property owners for severance damages due to their encroachment in the setback area. 178 2. Issuance of a building permit shall be subject to review and approval of an Individual Sewage 179 Treatment System in conformance with City Code and Minnesota Rules Chapter 7080. 180 3. Granting of the building setback variance shall not be used as `hardship' for deviating from 181 required sewage treatment setbacks. 182 183 Community Development Director Grochala stated the septic system will impede into the right -of - 184 way. They want to be sure a variance for the septic system is not required in the future. 185 186 Councilmember Carlson asked if she is to understand that staff is assuming somewhere on the site is a 187 suitable location for the septic system. Community Development Director Grochala stated he is not 188 aware if there is, but the septic system and the variance are not linked. He advised the septic system 189 will have to meet various requirements, and if the variance is granted, they will still have to meet 190 those same requirements, which may mean they cannot build out as far as they would like. He added 191 it is possible the well will have to be relocated. He indicated the applicant will have to investigate • 4