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