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CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA RESOLUTION NO.2023-073 A RESOL UTION APPR O VING A VARL4NCE TO ALL O W A REDUCED SEPTIC SYSTEM SETBACK OF 38.3 FEET FROM THE ORDINARYHIGH--WATER LEVEL ON THE PROPERTYLOCATED AT 8286 HIDDEN BAY COURT NORTH WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Jeff and Judy Otto (the "Applicants"), owners of the property located at 8286 Hidden Bay Court N, PID # 09.029.21.23.0013, Lake Elmo, MN 55042 (the "Property") have submitted an application to the City of Lake Elmo (the "City") to request a variance to allow a reduced septic system setback of 38.3 feet from the ordinary high-water level for a replacement septic system; and WHEREAS, notice of a public hearing has been published, mailed, and posted pursuant to the Lake Elmo Zoning Code, Section 103.00.120; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter on July 24th 2023; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation of approval of the variance to the City Council as part of a Staff Memorandum dated August 15, 2023; and NOW, THEREFORE, based on the testimony elicited and information received, the City Council makes the following: FINDINGS 1. The Applicants' current septic system on the Property is failing and needs to be replaced. 2. The Applicants had a septic system designer review the Property to determine feasible locations for a new septic system. The Applicants' septic system designer determined that the proposed location of the septic system that is 38.3 feet from the ordinary high-water level is the only feasible location on the Property for the new septic system. 3. The Applicants are requesting a variance to allow for a reduce septic system setback of 3 8.3 feet from the ordinary high-water level for the replacement septic system. 1 LA515-1-892751.v2