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LAKE ELMO CITY COUNCIL MINUTES OCTOBER 1, 2013 Page 3 of 10 Ms. Smith asked if it would be more appropriate to amend the code and comp plan rather than grant variance. Assistant City Attorney Brekken stated that that was definitely an option, but that which path to follow is the Council’s discretion. Mr. Nelson asked about another 1 acre lot that apparently did not need a variance. Mr. Klatt said that two things could happen. Reconstruction or meet 60% rule. Another neighbor obtaining a variance was brought up. Ms. Smith asked how it was relevant. Public comment: Dean Dworak 12325 Upper Heather, Hugo: Variance applicant. Mr. Dworak takes issue with finding #2 regarding the aquifer impact. He does not believe that the addition of two more residents on his property would have any impact on the aquifer. He provided some water use statistics. He also alleged a conflict in the land use plan with the ordinances regarding the number of units per acre. Ms. Smith noted that this was for sewer. He respectfully requests that City approve the variance or change the ordinance. Paul Hansen 8024 Hill Trail North: Lived in Lake Elmo almost 50 years. When they purchased the property, they could not get a straight answer from City whether the lot was buildable. He asserted that multiple variances have been granted to nearby properties to build houses in last 8-10 years. He claimed that this lot is one of the last vacant lakeshore lots. Council Member Smith asked about how recent the variances were granted. Her recollection is that Mayor Johnston was the last home built back in 1983. The length of time since the last variance was debated. Mr. Hansen recommended approval of variance. Steve Iverson 8108 Hill Trail: He has concerns that the efforts to keep the character of Lake Elmo will be lost if the variance is granted. Mr. Iverson proceeded to read his letter that he had previously submitted and is included in the packet. He is concerned about Council setting bad precedent and running out of space for septics. Mayor Pearson believes that there is not a compelling reason to grant the variance. He also believes that the current owner was on notice that the lot may not have been buildable. Septic systems are a problem and will continue to be a problem especially for this area. Mr. Nelson believes that the rules have been changed and that he agrees with the original staff recommendation to grant the variance. Ms. Smith asked if there were already houses on the lots with the more recently built houses. Ms. Smith said that the letter is not the ordinance, but it is just a letter. The City should change the ordinance if the City decides to allow building on these lots. Ms. Smith noted that the planning staff and the planning commission simply provide guidance to the Council. Thinks that the Planning Commission did a good job fleshing out the issues and reasons to deny. Noted that three meetings took place and a lot of consideration went into the issue. Council Member Bloyer – aquifer two houses are not going to draw down the aquifer. Septic meets Washington County. New technology allows for smaller septics with less impact. Messrs. Nelson and Bloyer noted that the applicant is only asking for what others have been granted. Mayor Pearson said he is empathetic to the intricacies of the variance requests, but the rules are in place for a reason. Ms. Smith concurred with MOTION: Council Member Bloyer moved TO TABLE THE ITEM UNITL NEXT MEETING. Council Member Nelson seconded the motion. MOTION FAILED 2-2 (SMITH AND PEARSON – NAY). Mr. Nelson said he just visited the area and the applicants request seems reasonable given the recent building activity and circumstances. MOTION: Mayor Pearson moved TO APPROVE RESOLUTION NO. 2013-082, DENYING THE VARIANCE REQUESTED AT 09.029.21.22.0025 (HILL TRAIL NORTH) TO ALLOW FOR THE CONSTRUCTION OF A SINGLE FAMILY HOME ON A LOT THAT IS NOT CONSIDERED A BUILDABLE