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LAKE ELMO CITY COUNCIL MINUTES JUNE 4, 1996 8 Susan Dunn, Upper 33rd St., asked that the City Engineer please review the surface water runoff because of the water drainage problems we had in this area of the Village. Mayor John closed the public hearing at 11:00 p.m. Larry Bohrer made the applicant aware that after reviewing the soil borings and perc tests, this site does have enough room both for a primary and alternate drainfield system. However some of the computations done by Dave Eklin are different than what the City code requires, for a 5-BR home the design flow from that house is 900 gallons per day instead of 750 gallons. There is a drainage easement and drainage ditch that goes along the eastern portion of the property, and he has observed that this ditch does run full occasionally. As far as the building permit application, we will look at the proposed height of the building in relation to the ditch. The house should be connected to the municipal water system. The improved portion of the road does not go the full length of the lot, there may need to be some extension for snow plowing and storage. Attorney Filla pointed out the application for the variance is dated April 30,1996 and this is not an unreasonable time to review such an application. M/S/P John/Hunt - to grant David Pettis/McDonald Construction Co. Inc. and Ed Gorman the variances to Section 301.070D.3.c. lot size, Section 301.0901. lot width, and to Section 301.090B. contiguous parcels conditioned upon 1) that the lot area not be less than .90 acres exclusive of the street easements to meet the 60% rule of the current standard lot size, 2) the applicant submit an application for a rezoning to R1 and a minor subdivision in order to transfer .29 acres to add to the .61 acre lot area, and those applications be processed prior to final building occupancy. The applicant shall be allowed to go ahead with the construction. The Council made the following findings: 1. There are exceptional circumstances in the Old Village and this lot, which do not generally apply to other properties in this same zone, 2. The lot was platted prior to October 16, 1979, 2. The lot has been assessed for water, 3 The literal interpretations of the provisions of the zoning ordinance would deprive the applicant of rights commonly enjoyed by other properties in Old Village, 4. The special circumstances do not result from the actions of the applicant, 5. The variance requested is the minimum variance which would alleviate the hardship and 6. The variance would not be materially detrimental to the purpose of this ordinance or to properties in the same zone. (Motion passed 5-0). E. Case No. ZAT/96/17 - Open Space Ordinance: Continuation On May 21, 1996 the Council approved the Comprehensive Plan Amendment to allow for open space residential developments in the City The Council also made a motion to approve the Open Space Ordinance. There was lengthy discussion regarding the extent by which the City would allow density bonuses for these developments to occur with a a base density of 6 units per 20 acres. Specifically, the density bonuses were in relation to the extent that the City was requiring open space preservation, requiring pathways and other amenities. Planner Terwedo provided an updated ordinance containing recommended density bonuses for open space developments. Council member Johnston indicated that the bonus plan was less than straightforward and appeared to promote a six per 20 density, but it is really eight per 20. Regarding the one unit land trust bonus, she could not support rewarding a density bonus for what is required. It needs to be consistent. M/S/P Hunt/DeLapp - to adopt Ordinance 8137 establishing and regulating the use of property located within the Open Space Preservation District subject to the following amendments which shall be included in the Ordinance prior to publication: (See Exhibit A for amendments to be included as part of the minutes). (Motion passed 5-0).