Resolution 2012-02 Approving Setback Variances related to the Construction of a Subsurface Sewage Treatment System at 2860 Lake Elmo Ave

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3) That the proposed variances are to allow the construction of a subsurface sewage treatment system at 2860 Lake Elmo Avenue North, that specifically includes the following components: a) Variances from the front and side property line setbacks to allow the placement of a pressure bed 0 feet from the southern property line and 3.5 feet from a front property line (the Lake Elmo Avenue right-of-way line). The Washington County SSTS regulations require a minimum setback of 10 feet to property lines. b) A variance to allow the placement of a sewage treatment system within 39 feet of the Ordinary High Water Elevation (OHW) of Lake Elmo. The Lake Elmo Shoreland Ordinance requires a minimum setback of 75 feet from the OHW. c) A variance to allow the installation of a septic tank five feet from an occupied building and a treatment and dispersal area within 10 feet of an occupied building. The Washington County SSTS regulations require a minimum setback of 10 feet between tanks and 20 feet between treatment areas and an occupied structure. 4) That the Variance will be located on property legally described as PT GOV LOT I BEING THAT PT OF TOLL DESC LYING WLY OF C/L OF WASH CO HWY#17; ALL THAT PT LOT I DESC AS FOLLOWS: COMM AT PT ON N LINE OF SD SEC 993.5FT W FROM NE CORN OF SD LOT THN S I DEG57'E 823.1 FT TO AN IRON MONUMENT WHICH IS 495.375FT FROM SO LINE OF SD LOT TIIN RETURN NLY ALG SD LAST DESC COURSE 120FT TO PT OF BEG FROM SD PT OF BEG SOIDEG57'E 120FT TO LAST MENTIONED IRON MONUMENT THN WLY PAR WITH THE S LINE OF SD LOT THE BEARING THEREOF BEING S88DEG17'W 447.9FT TO AN IRON MONUMENT THN NLY AT RT ANG 60FT THN WLY PAR WITH SD S LINE OF SD LOT TO SHORE OF LAKE ELMO THN NLY ALG SD SHORE 60FT M/L TO A LINE DRAWN THRU SD PT OF BEG PAR WITH SD SO LINE OF SD LOT THN ELY TO PT OF BEG TOG WITH ALL RIPARIAN & OTHER RTS TITLE INTER EST IN & TO THE WATERS BED & SHORE OF THAT PT OF SD LK ELMO BORDERING UPON & APPURTENANT TO ABOVE DESC TRACT & LYING WITHIN THE NLY & SLY BOUNDARIES OF SD TRACT AS EXTEND TO & INTO SD LAKE SUBS TO SURFACE WATER DRAINAGE EASEMENT Section 24 Township 029 Range 021 Commonly known as 2860 Lake Elmo Avenue, 5) That the strict enforcement of Zoning Ordinance would cause practical difficulties and that the property owner proposes to use the property in a reasonable manner not permitted by an official control. .Specifac findings; a) The requested ivariances allow the continued use of the property for residential purposes. A continuation of a residential use is reasonable as the property is in a residential neighborhood, has been eased for residential purposes f®r decades