08-23-2011 CCM - Laserfiche WebLink

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LAKE ELMO CITY COUNCIL MINUTES AUGUST 23, 2011 3 MOTION: Mayor Johnston moved to table a decision until September 6, 2011 to allow time to research the spacing and parking and to notify residents living within a four block radius of the September 6th Council meeting. The motion passed 3-1 (Council Member Pearson voting against.) Ordinary High Water Elevation Setback – 2976 Lake Elmo Avenue The City Council considered a variance application from Peter Vujovich, representing John and Bonnie Butenhof, to allow the construction of an addition to their home at 2976 Lake Elmo Avenue, with a proposed set back of 48 feet from the Ordinary High Water Elevation of Lake Elmo. A variance has been requested because the required structure set back from the OHW of Lake Elmo is 100 feet, in accordance with the City’s Shoreland Management Overlay Zoning. The Planning Commission supported the request based on the draft findings of approval, and added one condition to those drafted by Staff to require that no part of the new structure encroach closer to the OHW line than the original structure. Mayor Johnston asked Mr. Vujovich, archtect, if the set back from the Ordinary High Water elevation could be held to 50 feet because the City is sensitive to increasing the encroachment over time to the OHWM. Mr. Vujovich thought moving the addition 2 feet would be workable. MOTION: Council Member Pearson moved to adopt Resolution No. 2011-034 approving a variance to allow John and Bonnie Butenhof to construct an addition to the primary structure at 2976 Lake Elmo Avenue North that is set back 50 feet from the Ordinary High Water Elevation of Lake Elmo. Mayor Johnston seconded the motion. The motion passed 4-0. Consider a variance request to allow holding tanks to be installed for more than 12 months at 2860 Lake Elmo Avenue North within the 10 foot setback to a property line and within 75 foot set back from the OHW for Lake Elmo The City Council considered a request for a variance to allow holding tanks to be installed up to 45 feet from the OHW for Lake Elmo and up to 2 feet from the front property line at 2860 Lake Elmo Avenue North for more than 12 months. The applicant is trying to sell his home and is, therefore, required to bring the septic system into compliance as the dry well currently on-site is not allowed. A septic designer has stated that there is no room on-site to provide a septic system and is, therefore, recommending two 1,500 gallon holding tanks with an alarm system. Washington County (the City’s septic permitting agency) has stated that ordinances require holding tanks be a temporary measure...no longer than 12 months.