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MC 7 IMS TA TOLTZ. KING. DUVALL. ANDERSON AND ASSOCIATES. INCORPORATED .1GINEERS ARCHITECTS PLANNERS 2500 AMERICAN NATIONAL SANK BUILDING SAINT PAUL NINNESOTA 55101 51=92 O December6, 1989 FAX 01L292-00W Planning and Zoning Conunission Lake Elmo, Minnesota Re: Packard Park 3rd Addition Lake Elmo, Minnesota Commission No. 9150-009 Dear Commission Members: We understand that at the last PZC meeting a question arose regarding whether Lot 1, Block 1, Packard Park 3rd Addition meets the drainfield area requirements. The following is our opinion: The statement in question is found in paragraph (6) in page 301-34 of the Zoning Code. It states: "All lots must have at least one (1) acre of land suitable for septic drainfields and area sufficient for two (2) separate and distinct drainfield sites. Placement of the second required drainfield between the trenches of the first drainflield is prohibited." A problem of interpretation arises immediately because the fast sentence contains two requirements for area (one acre suitable and area for two sites). Because these two requirements are connected by the word and means that both requirements must be met. However, the requirement for one acre of land is much greater than the requirement for two sites, which would be at most one-fourth of an acre. It is my opinion that the requirement for "one acre of land suitable ....1. came about because of the past subdivision practices in Lake Elmo. Lots around the existing lakes and ponds in the Tri- Lakes area of the city were often pie -shaped, being platted out into the water. These lots could meet the legal lot size requirement but yet only have a small building site available due to the presence of a pond, wetland, or drainage easement. I believe the Code was changed to insure that at least one acre of the lot was "high ground". On the other hand, having a large lot of all high ground does not insure that there is one acre available for drainfields. For example, the lots in Lake Elmo Heights 2nd - Addition are all high ground, but due to slow percolating soils, some lots still had to be increased in size to have one acre of suitable soil. Over the past ten years, I have tried to evaluate new subdivisions consistently in regard to area available for drainfields. When a preliminary plat was submitted, I would consult the Washington County Soil Survey. This document has proved to be reliable over the years with only