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LAKE ELMO CITY COUNCIL MINUTES September 18, 1990 PAGE 4 The City Administrator explained the Gay Banister plat was approved prior to the adoption of the minimum 1-1/2 acre lot size. when the City increased its minimum lot size in the R1 Zoning district to 1--1/2 acres, from the previously allowed 1 acre, it made provisions for existing platted lots of. record.. The provision, known as the 60% Rule, permits lots that are already platted to be conforming lots if they meet 60% of 1 1/2 acres or 0.9 acres. This provision was intentionally left out of the R1 Shoreland Overlay District so that the City could determine, at a minimum, that there was sufficient room for adequate sewage treatment. Therefore, all platted single family residential lots of records in the Shorel.and District that do not meet the 1 1/2 acre requirement must have a lot size 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. lot size variance and shoreland permit to Frederick H. Banister on the property legally described as Lot 2, Block 1, Gay S. Banister Addition, based on the following findings of fact: (1) This is a platted lot of record, (2) Applicant has provided proof that there is adequate room for two separate and distinct drainfields, (3) The DNR has indicated it has no problem with this request, (4) There are no other variances 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 pert, tests have been submitted and reviewed by the engineer and building official. Even though this area is adajcent 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 Hedges Pond is considered a wetla.nd. 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 are near the road. There is sufficient setback from the well. The ap licant is requestin a 5' setba kk from the front ro ertt line where �Yie septic system coge requires �0'. `There is a Ho�not� in