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Septic Approval <br />4. That the procedures for obtaining a variance are set forth in Section 105.12.320 of the Lake <br />Elmo Zoning Code. Any action taken by the City Council to approve a variance request <br />must meet all of the following findings: <br />a. Practical Difficulties as used in connection with the granting of a variance, means that <br />the property owner proposes to use the property in a reasonable manner not permitted <br />by an official control. <br />FINDINGS: The current septic system is failing and needs to be replaced. The <br />Applicants have had a septic designer review the Property for a feasible septic system <br />location and the only feasible location is 38.3 from the ordinary high-water level. The <br />City Council finds that the Applicants have proven practical difficulties because a <br />septic system is needed given the current failing system, there is no other feasible area <br />on site, and a septic system is needed in order to maintain the house that is on the <br />Property. Practical Difficulties are met. <br />b. Unique Circumstances - the problem for the landowner/applicant which the intended <br />variance is intended to correct is unique to the property in question that was not created <br />by the landowner/applicant. <br />FINDINGS: The Applicants are proposing to replace the septic system in roughly the <br />same area of the Property as the existing system. The current septic system is failing <br />and not due to the fault of the Applicants. The proposed location is the only feasible <br />location on the Property for the new septic system. Unique Circumstances are met. <br />c. Character of Locality - the proposed variance will not alter the essential character of <br />the locality in which the property in question is located. <br />FINDINGS: Given this area does not have access to City sewer and all adjacent <br />properties are on private septic systems, the City Council finds that approval of this <br />request would not alter essential character of the neighborhood. Character of <br />Locality is met. <br />d. Adjacent Properties and Traffic - the proposed variance will not impair an adequate <br />supply of light and air to properties adjacent to the property in question or substantially <br />increase the congestion of the public streets or substantially diminish or impair property <br />values within the neighborhood. <br />FINDINGS: The proposed location for the new septic system will not increase <br />congestion on a public street as it will not contribute to any additional traffic to the <br />neighborhood. It will also not impair an adequate supply of light or air to adjacent <br />properties given that it is underground. Because it is underground and will not be <br />2 <br />LA515-1-892751.v2 <br />