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LAKE ELMO CITY COUNCIL <1„tNUTES AUGUST 19, 1997 B. PUBLIC HEARING: Case No. V/97-44 Variance to Septic Ordinance Applicant: Mike Theis, Custom Homes Mike Theis, Custom Home Builders, requested a variance to Section 7080.0170 allowing a mound system on a lot which does not have an acceptable area for a conventional septic system. Mound systems are not allowed as the first disposal site on any lot. The code only allows a mound system as an alternative for this lot to be developed. In Jim McNamara's letter dated August 15", he indicates that in most areas, including Washington County, mound systems are allowed as initial systems. The mound system is just as efficient as the standard trench type drainfield and will perform for many years if installed and maintained properly. Mr. McNamara and the City Engineer recommended approval of the variance. A letter was received from David Gustafson, Extension Specialist, indicating mound systems have been an approved Chapter 7080 technology since 1984 and standard technology since 1989. Mound systems can be a long-term solution to onsite treatment. Mayor John opened up the public hearing at 8:16 p.m. Mike Theis, Custom Home Builders, explained AAA Pollution Control and Eklin Soil Testing could not find an acceptable location for a conventional septic installation and recommended the only solution for this lot was a mound system. Fred Pomeroy, owner of the lot, stated that the land is so close to being perkable. He has talked to the Woodbury Building Inspector who said mound systems had been installed over 15 years ago in Woodbury and they are still functioning properly. He would make sure the mound system was landscaped properly with no drainage affecting the adjacent property. Jeanne Solberg, 655 Jewel Avenue N., was in support of the mound system as long as it was landscaped properly. Mayor John closed the public hearing at 8:26 p.m. Councilors Conlin and DeLapp felt by approving this variance would be changing City policy because the ordinance specifically spells out no mound systems as the initial disposal site. Attorney Filla suggested the City consider a change in regulating new developments by requiring developers as part of the platting process to perk all of the lots. Also, the City should consider if denying this variance would cause the property owner not to have reasonable use of the land because this would subject the City to taking. Based on new testimony from the Building Official, City Engineer and David Gustafson and the amended findings and conditions, the following motion was made. Amended Findings: 3. The special circumstances are not a result of the applicant. He is not the developer of Stonegate. 6. Lots in RE Zoning with a minimum of 2.5 acres 7. No reasonable use for lot than a homesite 8. Lot was platted for an inground system 9. City is proceeding with possible revisions to ordinance for approval of a mound system as an initial system when a conventional system cannot meet perk requirements for 2.5 acres. Amended Conditions: Landscape plan is submitted prior to October 1, 1997 to the City Planner. Buffering and slope to adjacent properties and building can begin at this time with landscaping done in spring. M/S/P Hunt/DeLapp — to approve Case No. V/97-44 granting a variance to Section 7080.0170 of the Lake Elmo Municipal Code to Mike Theis, Custom Home Builders/ Fred Pomeroy; subject to the 9 Findings of Fact and conditions of approval and that the landscape plan be submitted before 10-1-97. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES AUGUST 19, 1997