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LAKE ELMO CITY COUNCIL MINUTES JUNE 16, 1987 PAGE 5 Attorney John Stibbe explained that there had been considerable discussion devoted to the definition of "suitable" soils. Since it was undecided where 153 soils are considered "suitable" soils, the Developer is seeking the variances. He feels the hardship in this situation is the type of soils on the development site. Since the development contains a large amount of 153 soils which generally are suitable for septic systems, but not always, there is a hardship due to this type of soil. The Developer has shown that there is over 10,000 sq.ft. of land on each lot capable of handling septic systems. This is enough area for two septic systems. Bruce Folz stated that he had measured the area and there was at least one acre or more of soils that are either classified 153 or 155 (120 and 264 soils are out). Bohrer responded that now with these new measurements which have just been submitted, he feels more comfortable. He felt the engineering recommendations for the drainfields should be for the record and administratively directed to the building inspector and the installer. If not, the septic systems could be put in in violation of the code. Planning Commission Chairman DeLapp stated that having a preliminary reading come out 1.0 acres with suitable soils on two lots is incredible. Also, you have a road going through and the applicant had already stated the only way the road would go through is if the rest of the land is brought in with a central sewer system through Oakdale. DeLapp asked if we are trying to preserve the land by having small lots with potential sewer problems or are we trying to open up the land to sewer? Mayor Christ closed the public hearing at 8:59 p.m. City Engineer Bohrer had no problem accepting the measurements from a registered land surveyor. He suggested that Bruce Folz submit those measurements for the record, signed off with his registered land surveyor certification number and a motion could made based upon the information presented at the June 16, 1987 council meeting where they determined there was 1.0 acres of suitable land and determined that a variance was not necessary. When asked by Councilman Johnson if Bohrer agreed from an engineering standpoint that suitable soils can be found on all of the lots, Bohrer confirmed the statement. M/S/P Graves/Moe - to grant preliminary plat approval for the Second Addition of Lake Elmo Heights without the variance for the cul-de-sac on 27th Street, without the variance on the 1-acre of land suitable for septic drainfields and subject to a certification of the suitable soils on each lot be provided by Land Surveyor Bruce Folz, and that the septic drainfield for each lot be installed in compliance with the City Engineer's recommendations as contained in a letter to the Planning Commission dated May 15, 1987. (Motion carried 5-0). C. ore an Permit: Leroy Howell, 2119 Lake Elmo Avenue Judy and Leroy Howell were denied a simple lot subdivision earlier this year based on the City's reluctance to create at least one non-comforming lot out of one conforming lot, and there was no hardship proven that would have been a basis to create this