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LAKE ELMO CITY COUNCIL MINUTES MAY 6, 1986 PAGE 4 hearing at 8:22 p.m. Mr. Wichelmann wishes to build a 24' x 36' garage at the rear of his lot, to be located between the septic tanks and the side lot line. This lot configuration was presented as the hardship. A letter was presented by his neighbor, Richard Law, stating that he has no objection to the side yard setback variance. Mr. Wichelamnn stated he could move the garage 3 feet more to the east. Councilman Dunn espressed his concern of establishing a valid property line. City Engineer Bohrer stated that in the past the property line shall be established sufficiently so that the Building Inspector can determine if the setbacks have been met. A survey will be required if the Building Inspector cannot determine the valid property lines. Mayor Morgan closed the public hearing at 8:32 p.m. M/S/P Morgan/Christ - to approve a minimum 5 foot sideyard setback for the construction of a garage to Glen Wichelmann, 9065 28th St. N contingent upon the property lines being established to the satisfaction of the Building Inspector. (Motion carried 5-0). 8. CITY ENGINEER'S REPORT A. Derrick Land Co. Fill Permit - monitoring update Derrick Land Company, the owner of Lots 1-4, Block 2 DeMontreville Highlands 3rd Additon had performed soil boring and percolation tests on these lots in anticipation of a sale. They found slow percolating soil and perched water table near the surface. After reviewing the original contour map of the area, it appeared that the majority of these lots were low and then filled. The filling has trapped the water. Septic systems cannot be built in these soil conditions. The Lake Elmo Municipal Code does allow sandy fill to be hauled in to provide the separation from the water table. Grading and filling of this type is regulated under the City Building Code. Ordinarily, these permits are granted administratively, but because of the extensive nature of the filling it was brought to the attention of the City Council. Permission to fill these lots in an attempt to provide adequate septic systems (buildable lots) was approved by the City Council, with the stipulation that if this process did not work, the fill would have to be removed and the lots would be deemed unbuildable. On May 5, 1986, CIty Engineer, Larry Bohrer and City Building Official, Jim McNamara met with Roger Johnson, a certified site evaluator hired by Derrick Land Company to oversee this project, reviewed the results of the water level monitoring on these four sites. The Code states that if the water level is above the "critical depth" for two consecutive_ weekly readings, the site is unacceptable. The critical depth is 5 feet for soils with