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LAKE ELMO CITY COUNCIL MEETING, JUNE 3, 1980 -4- LARSON VARIANCE: The neighbor across the street disputes this statement. -- Pott moved, seconded by Morgan, to approve the Variances for the set -back from the lake and the lot size, provided the Engineer can confirm that the lot size, above 930, is equal to 1000 of the average parcel size (a buildable parcel) in the Cohn Plat. Discussion: The Administrator suggested the motion include a variance from the requirement for a 20' septic set -back from the garage. Mr. Larson presented a letter from Washington County stating the set -back is necessary from a habitable building; Lake Elmo's Ordinance states it shall be setback from any building. Although, the City has adopted the County's Code the Administrator feels until the Ordinance is changed to reflect "habitable" this variance should be included. Mottaz moved, seconded by Morgan, to amend the motion to include a variance from the requirement for a 20' set -back of the septic/drainfield from the garage and house. Motion carried 5-0. Armstrong stated that the representations made to the Larsons. by the Building Inspector, before they purchased the lot, and, that the fact that the lot was platted and purchased before the new Ordinance went into effect, demonstrates a hardship. The Larsons have also demonstrated that this lot can meet the current septic/drainfield requirements. Therefore, the motion / to approve these variances is in order. 1, Novak suggested the City develop a policy regulating setbacks from a lake. Motion carried 4-0-1. Novak abstaining. ENGINEER"S REPORT: A. Green Acres Subdivision Bond Release - Final inspection of the improvements have been made. The Engineer recommends final acceptance and release of the remaining bond. Mottaz moved, seconded by Armstrong, to adopt Resolution 80-32 accepting the improvements and releasing the remaining $5,000 Improvement Bond for Springborn's Green Acres. Motion carried 5-0. The Maintenance Department recommends the streets be swept to prevent excess material from washing into the storm sewer system before acceptance. All City pass -through costs must also be paid. B. Legion Pond - The estimates for a two phase hydrological study would be $8,000-$9,000. This would not include any construction. Phase I would provide for monitoring wells to determine the level of the ground water. Should Phase I determine excavation is a possibility, Phase II will determine how much excavation is necessary to maintain the pond at a safe level.