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R-74-29 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION DENYING THE APPLICATION OF DEAN AND AUDREY HEDBERG FOR A VARIANCE WHEREAS, the City Council of the City of Lake Elmo conducted a hearing on July 30, 1974 and August 20, 1974 for the purpose of re -hearing all testimony and other evidence offered for or against the application of Dean and Andrey Hedberg for a variance from the subdivision and zoning ordinances of the City for the pur- pose of building on the North Half of Tract A of Registered Land Survey No. 46, Washington County, Minnesota; and WHEREAS, the City Council has reviewed all pertinent City records relating thereto, and finds that: On January 13, 1970 the Town Board of the former Town of East Oakdale (now the City of Lake Elmo) denied the application of said Hed- bergs for the necessary variances and building permit in order to enable them to build on the North Half of said Tract A on the following grounds: 1. The North Half of Tract A did not meet the minimum acreage require- ments of the applicable Town ordinances. 2. The lot presented possibilities of drainage problems. 3. The 20-foot private driveway access to the property, at that time used by other property owners for access, was inadequate in size and, among other problems, would make it difficult at a future date to provide each dwelling with a point of connection to a public sewer lateral. 4. The division of Tract A was a subdivision within the meaning of existing Town ordinances; that hardship did not exist on the grounds that the Hedbergs and the former owners of the property were aware of the subdivision limitations prior to Hedbergs' purchase of the property. That the Hedbergs submitted the question of variance to the Town Planning Board on July 1969 and again in December 1969 through formal application and the Planning Board recommended against the requested variance on each occasion. 5. That the South Half of Tract A was subject to the same restrictions and that under the facts presented to the Town Board, granting a vari- ance would impair the purpose and intent of existing Town subdivision and zoning regulations. In 1973, the Hedbergs renewed their application for a variance from the pro- visions of the City subdivision and zoning ordinances in order to obtain a building permit to construct a dwelling on the same property. After a hearing before the City Planning Commission and the City Council, their application was denied by the City Council on September 6, 1973. Thereafter, as a result of a lawsuit initiated by the Hedbergs and in order to provide a complete and adequate record to the Court, the City Council and the Hedbergs agreed that the City Council should reconsider Hedbergs' application and conduct a full hearing on that application, so that all interested parties could be hear and so that a complete transcript of the evidence would be available to the Court. The City Council,