Laserfiche WebLink
cularly so if it is necessary for a bridge to be constructed on this driveway at <br />the narrow point of said Ncrth Half of Tract A so as to go over the soil absorp- <br />tion systems located on Tract A for the purpose of serving the adjacent property <br />owned by William and Nancy Rowe. The house proposed to be constructed by the <br />Hedbergs would be without adequate fire protection for those reasons, and would <br />remain a problem for the City and future owners long after these applicants may <br />have left the property. For these reasons, this Council cannot find as required <br />by Section 12D of the Model subdivision Ordinance that the permit requested by <br />the Hedbergs could be granted "without detriment to the public welfare and with- <br />out impairing the intent and purpose of these regulations". The purpose of the <br />subdivision regulations is clearly to avoid inadequate size lots with inadequate <br />access. <br />Finally, this Council does not find that there is any "undue hardship <br />on enjoyment of a substantial property right" as required by Section 12D of the <br />Subdivision ordinance relating to the granting of a variance, for the record in <br />this case shows quite clearly that the Hedbergs had actual notice of the inade- <br />quacies relating to this lot. Mrs. Hedberg was and is a licensed real estate <br />saleswoman, and as such, should have known of the difficulties relating to this <br />lot. In any case, she was informed at least two weeks before the purchase of the <br />lot that the governing body at that time was not inclined to grant a variance over <br />the objections of neighboring property owners for the reasons described above. <br />It is the opinion of this Council that where, as here, there are substantial <br />risks to the health and safety of the public, a variance such as that requested <br />here cannot be granted and most certainly a variance cannot be granted where the <br />applicant actively participated in creating the hardship, voluntarily assumed a <br />position of alleged economic hardship and then asserted the need for a variance <br />to prefent economic injury. <br />And, in the final analysis, this Council is of the opinion that there <br />will be no permanent economic loss to the Hedbergs as a result of the present <br />inability to use the North Half of Tract A, for at such time as public sewer and <br />water are available to this lot, the circumstances requiring the denial of a vari- <br />ance at this time will have changed substantially, and it is very likely that the <br />Hedbergs would be able to obtain a building permit for the lot. Assuming access <br />and drainage problems could be solved also, the lot would meet the present standards <br />of the City of Lake Elmo. For in such case, the sewage disposal system would no <br />longer be a problem, and it would not be necessary to build a bridge on the narrow <br />roadway to avoid going over the soil absorption system serving the neighboring <br />property. Mrs. Hedberg indicated that she and her husband purchased this property <br />partially to aid in a sale she had secured for the house and lot on the South Half <br />of Tract A; she no doubt earned a substantial real estate commission as a result of <br />this sale; she and her husband bought this lot knowing they might have to wait <br />until public utilities were available to use it, and now should not expect this <br />Council to grant a permit to build on the lot at substantial risk to the health, <br />safety and welfare of the public in order to provide an immediate economic gain <br />to the Hedbergs. <br />In balancing the interest of the Hedbergs on one hand, and the public <br />interest on the other, the Council is of the opinion that it must consider the <br />reasons for the City subdivision and zoning ordinances. That is, to provide for <br />orderly and safe development of those portions of the City not yet served by <br />public utilities and to maintain a limited density in terms of land use sufficient <br />