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