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