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11-03-87 CCM
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11-03-87 CCM
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LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 3, 1987 PAGE 6 <br />information so that it can be properly reviewed. <br />Attorney Robert Polski, representing the Hinrich's, stated the <br />Hinrich's have a purchase agreement on this property with the <br />understanding that it needs variances. Polski presented a revised <br />plan that did not need a road setback, but still needed a variance for <br />the structure setback from the Normal High Water Mark. The existing <br />structure will be torn down and a two bedroom home will be built. The <br />sewage treatment evaluations were just given to the City Engineer this <br />afternoon. <br />Harry Zabrok, 8120 Hill Trail N., reported that this was an illegal <br />subdivision. He saw that a perc test was taken on Saturday, October <br />24th starting at 9 a.m. and continued until 6:30 p.m. or later for it <br />to perc down. Perc tests by Twin City Testing in 1974 or 1975 failed. <br />Realtor Stepan also had perc tests done in 1979 which failed. Zabrok <br />contacted the Attorney General's office which told him any variances <br />of the state law is illegal. He is protesting any variances given on <br />this small piece of property that does not comply with Lake Elmo's <br />City code. <br />Connie Marchio, 8130 Hill Trail N., explained the history of the <br />illegal subdivision procedure that Steve Grabski followed. She was <br />told by the City Attorney that this was a civil matter and should be <br />pursued with Steve Grabski. <br />City Attorney Knaak stated that the County has our ordinances on file <br />and they are charged with the responsibility to monitor this. What <br />happened is that this slipped through. The responsibility of the <br />statutes is the County's. City Administrator Overby pointed out that <br />Attorney Knaak had told him that you cannot grant variances to a <br />property that was illegally subdivided. <br />Councilwoman Armstrong explained that according to Section 301.090 <br />Contiguous parcels states any lot or parcel cannot be considered a <br />separate parcel of land for purpose of sale or development. (Amended 11-17-87) <br />it it is a parcel that doesn't meet the requirements for wirith and area, then it could <br />not be further divided -into smaller parcels. <br />Mayor Christ closed the public hearing at 9:20 p.m. <br />M/S/P Armstrong/Johnson - to table action until the November 17th <br />Council meeting to allow time for the City Engineer to review <br />late -submitted septic soils information and for the City Staff to <br />prepare findings of fact on the request. (Motion carried 5-0). <br />D. Zoning Ordinance Amendment: Industrial Park District <br />The City Council reviewed this proposed zoning amendment on 10-20-87. <br />The City Administrator was requested to explain to the City Attorney <br />the City Council's objective (to have the ability of the businesses to <br />continue to exist and operate in a manner that they would have <br />previous to the deletion of the Industrial Zoning) and for him to make <br />the appropriate change in the General Busineses zening so that <br />pre-existing limited businesses are allowed uses and report back at <br />the meeting. <br />
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