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LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6, 1994 <br />Mayor John closed the public hearing at 8:35 p.m. <br />M/S/P Mottaz/Johnson - to grant a variance to allow expansion of a nonconforming <br />building to be altered; contingent upon the consolidation of the property into one lot and <br />grant a setback variance of 5 feet to allow the building addition to result in a 45 foot <br />building setback rather than a 50' rear setback as required in the GB zoning district <br />based upon the unique circumstances of the property as described in the staff report <br />and further to approve the site and building plan contingent upon the following <br />conditions: (a.) any access issues are to be resolved with Washington County, (b.) the <br />City Engineer is satisfied that the septic system maintenance program is adequate, and <br />(c.) the landscaping in the back yard does not encroach into the public alley right of <br />way. (Motion passed 5-0). <br />Council member Johnson asked what happens in the future when you have a non- <br />conforming use where there are reasons the city wouldn't want to expand. <br />Filla didn't see the council's first motion as being legal precedent dealing with other <br />nonconforming uses in the future. Presumably, the other non -conforming uses that we <br />would deal with in the future, would involve circumstances that we have not been aware <br />of and have effectively chosen not to enforce your regulations. If there are all kinds of <br />non- conforming uses out there the city intends to allow to expand, then Filla suggests <br />we take a look at our nonconforming use regulations and see if they are reasonable as <br />they are applied to the Old Village and decide if we want to change them. <br />7. CITY ENGINEER'S REPORT: <br />A. Derrick Land Co.: Revised Proposal for Lots 2,3, & 4, DeMontreville <br />Highlands 3rd Addition <br />The Council received a letter, dated December 2, 1994, from Larry Bohrer on the <br />recent past actions of Derrick Land Company in DeMontreville Highland 3rd Addition. <br />Roger Derrick presented Derrick Company's new proposal to qualify Lots 2, 3 and 4, <br />Block 3, Demontreville Highlands 3rd Addition as suitable for septic system purposes. <br />Filla had looked at the agreement which does allow this type of construction to occur if <br />it is acceptable to the city and subject to the city's input <br />M/S/P Mottaz/Conlin - to allow recommendation for Lots 3 & 4 (The excavation <br />alternative was an option in the original stipulation agreement. If successful, the <br />resulting system would be a more conventional system with a much lower height of fill <br />and would more closely conform to moderate lot grades. The success of the <br />excavation alternative cannot be predicted because it depends on finding an underlying <br />soil layer that is not saturated and will have perk rates faster than 60 mpi. Recommend <br />allowing Derrick to attempt the excavation method). Upon completion, it is determined <br />that the lots do not perk, the lot would be leveled off to 979 level smoothed and sealed. <br />