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LAKE ELMO CITY COUNCIL MINUTES September 18, 1990 PAGE 4 City increased its minimum lot size from 1 acre to 1-1/2 acres, it made provisions to cover previously platted lots in the R1 Zoning District. This provision known as the 60% Rule allows lots that are 60% of 1-1/2 acres to be "legal" lots without the need of a variance. There are no other variances needed and the DNR has given their approval. The City Engineer indicatd that granting this variance and shoreland permit would not have an adverse affect on the surrounding property owners or the Lake itself. Acting Mayor Williams closed the public hearing at 8:29 p.m. M/S/P Graves/Hunt - to grant a shoreland permit and a lot size variance in an Rl Zoning District based on the following findings for the purpose of constructing a new single family residence to Frederick H. Banister on property legally described as Lot 2, Block 1 of Gay S. Banister Addition: (1) Conforms to the provision known as the 60% Rule which allows lots that are 60% of 1-1/2 acres to be legal lots without the need of a variance, (2) Appers to be more than adequate room for two separate and distinct drainfi.elds, (3) DNR had no concern with this request, (4) No other variances are required. (Motion carried 3-0). C. Public Hearing: Ken Gatzke/Rossbach Const., 8415 Deer Pond Trail Variance to setback from public road for drainfield Acting Mayor Williams opened up the public hearing at 8:31 p.m. The public hearing notice was published in the St. Croix Valley Press on September 5, 1990 and adjoining property owners were notified. Larry Bohrer reported soil borings and perc tests have been submitted and reviewed by the engineer and building official. Even though this area is adjacent to Hedges Pond, it is not in a shoreland area; therefore, shoreland regulations do not apply. The pond is too small and does not appear in the DNR inventory nor in the City's inventory that establishes a shoreland district. The DNR has commented in this regard. Our wetland ordinance does apply because it is considered a wetland. The only setback from a wetland that applies to this case is a 75' setback for the septic system. There is no problem with the lot meeting that 75' setback from the wetland. The additions proposed on the house can all. be made within the required setbacks. The septic system needs to be nearer the road because the best soils tested is near the road. There is sufficient setback from the well. The applicant is requesting a 5' setback from the front property line where the septic system code requires 10'. (There is a footnote in our septic system code that states a variance to this setback can be granted). The building official has reviewed the site and concurs that this is the place for the septic system according to the soils. Acting Mayor Williams closed the public hearing at 8:44 p.m.