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having conducted such hearing, and having given full and complete consideration of all the evidence presented by the Hedbergs, the City staff, and other inter- ested parties, makes the following: FINDINGS OF FACT 1. On August 28, 1969, Otto and Thora Erickson, then owners of Tract A of Registered Land Survey No. 46, subdivided and sold the North Half thereof to the applicants, Dean and Audrey Hedberg, and the South Half thereof to William and Nancy Rowe. At the time of the sale, Mrs. Hedberg, a licensed real estate agent, was acting as agent for the Ericksons for the purpose of selling Tract A. At the time Hedbergs purchased the property, Mrs. Hedberg was aware that the North Half of Tract A could not be used for building purposes without a variance from the provisions of existing ordinances of the Town of East Oakdale. In fact, Mrs. Hedberg had appeared before the Town Board on August 12, 1969 (some two weeks before Hedbergs purchased the property) and was informed that a split of Tract A into two lots would not be approved unless public sewer and water were available. Abutting property owners had objected to the Town permitting the reduction of Tract A into lots of less than the one acre required by ordi- nance; they based their objection on fears of lake contamination and inadequacy of the existing access to the property. 2. A Certificate of Survey was prepared by LeRoy Winner for the applicant Audrey L. Hedberg on August 27, 1969. Mr. Winner calculated the lot size of the North Half of Tract A to be approximately 29,000 square feet (see copy of said Certificate and the copy of Mr. Winner's letter dated ). This computation, however, was made by the surveyor on the basis of his Certifi- cate of Survey dated August 27, 1969. That Certificate shows the water elevation to be 926.97 feet. If the computation were taken from the high flood mark of 930 feet, then the lot size would be still less than the 29,000 square feet. In any case, the size of the North Half of Tract A is substantially less than 43,560 square feet, or one acre. 3. Access to the North Half of said Tract A would be over a tract of land designated on said Certificate of Survey as Tract C. This is a strip of land 20 feet in width and is presented used by the owners of the South Half of Tract A (William and Nancy Rowe) and the owners of the other two tracts (Tracts B and D) of Registered Land Survey No. 46 for roadway purposes. 4. The North Half of Tract A, owned by the Hedbergs, is subject to an easement in favor of the owners of the South Half of Tract A for drainfield purposes; the easement for drainfield purposes will exist until such time as the public sewer is available. It appears that the drainfield (which was indi- cated on the Certificate of Survey included in the record) crosses, diagonally, a narrow portion of the North Half of Tract A; the Hedbergs would have to use a bridge system for their driveway in order to avoid putting a roadway over the drainfield. 5. The Hedbergs have had an individual sewage disposal system designed for their lot by Geotechnical Engineering Co. of St. Paul, Minnesota. The proposed system was described in a report dated July 6, 1973. This report has been re- viewed by the City Engineer, Otto Bonestroo, who indicated that the design of the individual sewage disposal system met all the requirements of state and local regulations applicable to such systems. However, the system, according to the