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CITY OF LAKE ELMO <br />COUNTY OF WASHINGTON <br />STATE OF MINNESOTA <br />RESOLUTION NO.2022-111 <br />A RESOLUTIONAPPROVING A VARIANCE WITH CONDITIONS TO INSTALL A <br />SEWAGE TREATMENT SYSTEM WITHIN 75 FEET OF DELINEATED WETLAND <br />BOUNDARYAT 8265 HIDDENBA Y TRAIL N. <br />WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing <br />under the laws of the State of Minnesota; and <br />WHEREAS, David Kranz(the "Applicant") on behalf of Vonda Brown, owner of the <br />property located at 8265 Hidden Bay Trail N — PID 09.029.21.31.0025, Lake Elmo, MN 55042 <br />(the "Property") has submitted an application to the City of Lake Elmo (the "City") for a <br />variance request to install a sewage treatment system within 75 feet of a wetland; and <br />WHEREAS, notice has been published, mailed, and posted pursuant to the Lake Elmo <br />Zoning Code, Section 105.12.320; and <br />WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter <br />on November 14, 2022; and <br />WHEREAS, the Lake Elmo Planning Commission has submitted its report and <br />recommendation to the City Council as part of a Staff Memorandum dated December 6, 2022; <br />and <br />WHEREAS, the City Council considered said matter at its December 6, 2022 meeting <br />and directed City staff to draft a resolution approving the variance with conditions for its <br />consideration; and <br />NOW, THEREFORE, based on the testimony elicited and information received, the <br />City Council makes the following: <br />FINDINGS <br />1) That the procedures for obtaining a variance are found in Section 105.12.320 of the Lake <br />Elmo Zoning Code. <br />2) That all submission requirements of Section 105.12.320 of the Lake Elmo Zoning Code <br />have been met by the Applicant. <br />3) That the proposed variance includes the following components: <br />