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testimony of Mr. Robert E. Pendergast, the Engineer who prepared the report, was designed only to meet the minimum requirements for a two -bedroom home. Moreover, the design was prepared on the assumption that the land available for the absorption system could be calculated from the level of 926.97 feet, which was the existing lake level on August 27, 1969 (the date of Mr. Winner's Certificate of Survey referred to above), while the level of 930 feet of ele- vation is the high flood mark on Lake DeMontreville. That is to say, it is the level at which water will flow out of Lake DeMontreville during periodic floods; the level of Lake DeMontreville is controlled by a wier which is set at the 930 level. The level of 930 feet has been used by this Council and its predecessor, the Town Board of East Oakdale, as the established high water level of Lake De- Montreville. If the calculation of the land available for soil absorption sys- tems is made from the 930 level, the City Engineer and the Engineer for the Hed- bergs agree that new porcolation tests would have to be made in order to deter- mine whether or not the system as designed by Geotechnical Engineering Co. could be located so as to meet the requirements of state and local health codes re- lating to individual sewage disposal systems. That is, the requirements of Ordinance No. 128 of the City of Lake Elmo, which ordinance adopts the Washington County Model Code for individual sewage disposal systems and the requirements of the Model Code promulgated by the Minnesota Health Department, which code was in effect in the Town of East Oakdale and the City of Lake Elmo prior to the enact- ment of Ordinance No. 128, and the City of Lake Elmo Ordinance No. 129, being the Shoreland Management Ordinance, adopted by this Council for the purpose of controlling lake pollution of Lake DeMontreville and other lakes within the City. 6. It is the specific finding of this Council that there has been a sub- stantial rise in the lake level of Lake DeMontreville and other lakes in the so- called Tri-Lakes Area during the years 1972 and 1973 and continuing to the present time, which represents increased hazards of pollution from the seepage or flooding of soil absorption systems constructed as part of individual sewage disposal systems. 7. Hedbergs cited a list of "variances" which they assert had been granted in favor of other applicants allowing variances to the subdivision and zoning ordinances of the City. A number of the "variances" referred to by the Hedbergs were prior to the effective dates of the ordinances - namely: May 2, 1968 - Effective date of Ordinance No. 34 of the former Town of East Oakdale, which ordinance was enacted January 8, 1968 and adopted the Washington County Model Zoning Code, with modifications. October 3, Effective date of Ordinance No. 37 of the former Town 1968 - of East Oakdale, which ordinance was enacted September 12, 1968 and adopted the Washington County Model Sub- division Code with modificiaticns. Other of the so-called "variances" represent building permits issued with respect to particular tracts of land, some of which required and resulted in variances being granted by this Council or its predecessor. Each of those variances in- volved a different tract of land, and different circumstances. For example, in 1969 a variance and a building permit were issued on the "Ziton-Lane parcel" as indicated by Hedbergs; however, this parcel of land was a tract existing prior to the effective date of the two ordinances cited above, and was a separate parcel as opposed to the Hedberg lot which was subdivided and separated from a conforming