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LAKE ELMO CITY COUNCIL MINUTES September 18, 1990 PAGE 4 <br />The City Administrator explained the Gay Banister plat was approved <br />prior to the adoption of the minimum 1-1/2 acre lot size. when the <br />City increased its minimum lot size in the R1 Zoning district to 1--1/2 <br />acres, from the previously allowed 1 acre, it made provisions for <br />existing platted lots of. record.. <br />The provision, known as the 60% Rule, permits lots that are already <br />platted to be conforming lots if they meet 60% of 1 1/2 acres or 0.9 <br />acres. This provision was intentionally left out of the R1 Shoreland <br />Overlay District so that the City could determine, at a minimum, that <br />there was sufficient room for adequate sewage treatment. Therefore, <br />all platted single family residential lots of records in the Shorel.and <br />District that do not meet the 1 1/2 acre requirement must have a lot <br />size variance. There are no other variances needed and the DNR has <br />given their approval. The City Engineer indicatd that granting this <br />variance and shoreland permit would not have an adverse affect on the <br />surrounding property owners or the Lake itself. <br />Acting Mayor Williams closed the public hearing at 8:29 p.m. <br />M/S/P Graves/Hunt - to grant a. lot size variance and shoreland permit <br />to Frederick H. Banister on the property legally described as Lot 2, <br />Block 1, Gay S. Banister Addition, based on the following findings of <br />fact: (1) This is a platted lot of record, (2) Applicant has provided <br />proof that there is adequate room for two separate and distinct <br />drainfields, (3) The DNR has indicated it has no problem with this <br />request, (4) There are no other variances required. (Motion carried <br />3-0). <br />C. Public Hearing: Ken Gatzke/Rossbach Const., <br />8415 Deer Pond Trail <br />Variance to setback from public road for drainfield <br />Acting Mayor Williams opened up the public hearing at 8:31 p.m. The <br />public hearing notice was published in the St. Croix Valley Press on <br />September 5, 1990 and adjoining property owners were notified. <br />Larry Bohrer reported soil borings and pert, tests have been submitted <br />and reviewed by the engineer and building official. Even though this <br />area is adajcent to Hedges Pond, it is not in a shoreland. area; <br />therefore, shoreland regulations do not apply. The pond is too small <br />and does not appear in the DNR inventory nor in the City's inventory <br />that establishes a shoreland district. The DNR has commented in this <br />regard. <br />Our wetland ordinance does apply because Hedges Pond is considered a <br />wetla.nd. The only setback from a wetland that applies to this case is <br />a 75' setback for the septic system. There is no problem with the lot <br />meeting that 75' setback from the wetland. The additions proposed on <br />the house can all be made within the required setbacks. <br />The septic system needs to be nearer the road because the best soils <br />tested are near the road. There is sufficient setback from the well. <br />The ap licant is requestin a 5' setba kk from the front ro ertt line <br />where �Yie septic system coge requires �0'. `There is a Ho�not� in <br />