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AM EN LWAPPROVED: 03120/07 8. CITY ENGINEER'S REPORT A. Update on MCES Interceptor — Hudson Boulevard Right -of -Way Permit Approval The City Engineer reported that the route is being surveyed for the Sewer Interceptor that will be extended from 1-94 to the Village area generally along the Lake Elmo Avenue right-of-way. Mn/DOT has been requested to provide a right-of-way permit for the 40- foot deep tunnel that will extend under I-94 from Woodbury. He reported that the Interceptor project is basically on schedule and will begin in May 2007. 9. PLANNING, LAND USE & ZONING A. Septic Variances — Jeff and Claudia Anderson 11225 3I't Street North The Assistant Planner informed Council that the Planning Commission held a Public Hearing on February 17, 2007, for a septic variance request to replace a failing septic system at 11225 3I't Street North. The Planning Commission unanimously recommended approval of this application for a new septic drain field 3 feet in from both north and east property lines (10 feet required), and 13 feet from a structure (20 feet required). Council requested clarification in regards to: "failed system" versus a "failing system", clarity of if it is an eminent health threat, feasibility of the utilization of a holding tank or other temporary system, and the time frame when sewer would become available. The Building Official stated that this system should provide a proper functioning system until the resident wishes to hook up to City sewer after it becomes available. The Project Director stated that the City could not guarantee that City sewer would be available to this property in two years. M/S/P Park/Johnson — to adopt Resolution No. 2007-018, approving the septic setback variances at 11225 3 0 Street North, based on the following Findings and the recommendations of the Planning Commission: 1. The property cannot be put to reasonable use without the granting of the variance requested. The physical constraints of the lot mandate the proposed site as the only location possible for a new drain field. 2. The variance requested does not result from physical circumstances found on this property. 3. Granting the variance will not change the essential character of the neighborhood. (Motion passed 5-0) The applicants asked the Council to return the variance application fee. The Council determined that the fee should not be refunded as there is no basis for special consideration, which would not apply to other applicants. B (1). Mn/DOT Community Roadside Landscaping Partnership Program The Assistant Planner updated the Council regarding the Mn/DOT Community Landscaping Partnership Program. In August 2006 the City approved Resolution No. 2006-075 authorizing the Application and Primary Contact Person as Council Member LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 20, 2007