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LAKE ELMO CITY COUNCIL MINUTES 5-15-84 PAGE 3 C. Shoreland Permit for Michael Maas at Lot 12, Block 2 DeMontreville Highlands 4th Addition for construction of a new home. Pursuant to recommendations from City Engineer, DNR and City Staff for approval of this application as applicant meets all criteria, except for lot size (1.15 above the OHWM where 1.5 is required), this is an existing platted lot of record, there is sufficient room for two drainfield sites, there is adequate separation for the wells, meets minimum building elevations; the following action was taken. M/S/P Fraser/Mazzara - To approve the Shoreland Permit and Lot Size Variance for Michael Maas at Lot 12, Block 2, DeMontreville Highlands 4th Addition based on the favorable recommendations from the City Engineer, DNR, and City staff. (Motion carried 4-0). D. Shoreland Permit with 4 Variances for David Alford at 8080 Hill Trail North for construction of a new home. The Council reviewed Engineer's report of May 15, 1984 where he addresses the Lot Size (the lot consists of .233 acres where 1.5 acres is required), Lot Width (lot width is approximately 60 feet at the setback line where 125 feet is required by Zoning Code), Structure Setback from OHW (proposed distance from house to OHWM is 75 feet where 100 feet is required), Septic System Setback (setback of 75 feet from system to High Flood can be met), Structure Setback from Road (the existing garage is 15 feet from Hill Trail where 30 feet is required), Structure Setback from Side Yard ( the proposed house is 9 feet from the south property line where 10 feet is required), Building Elevation (the proposed building elevation is not shown but must conform to 934 minimum elevation), Septic System Design (design submitted is a "mound" which is an alternative as replacement for a failed conventional system.) Percolation tests have not been performed so any approval must be contingent upon satisfactory percolation tests. The system as designed would only support a 2 bedroom home. It is not indicated the number of bedrooms proposed. The mound as proposed would have a zero setback from the north property line and garage. Adequate separation is provided between the well and septic system. In conclusion, Engineer stated that this was a previously developed parcel prior to the fire destroying the house. The City Attorney feels that the courts would treat this parcel differently than an undeveloped parcel. The question is the improvements and enlargements being proposed. The house is being moved farther away from the water in line with the neighboring houses which improves the shoreline. The major concern is the adequacy of the sewage treatment and its effect on the health, safety and welfare of the applicant and the neighbors, especially with the zero setback. If this system should fail, the only alternative is to treat the sewage off -site. There exists a vacant City -owned lot across Hill Trail which might be available should this system fail.