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11-04-97 CCM
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11-04-97 CCM
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Tim Freeman explained that it wasn't that the soils are so poor, but the separation does not meet for a <br />required distance conventional system. A variance narrative from Tim Freeman dated October 28, 1997 <br />was received. <br />Ann Bucheck, 2301 Legion Avenue, stated this is a new subdivision and should not require a variance. <br />The hardship cannot be economics alone. She asked if the buyer would be made aware of this. Tim <br />Freeman responded there is a pending sale, buyers are aware of the situation, and the developer will absorb <br />the cost of the mound system. <br />Council member DeLapp pointed out in the future the City will be regulating new developments by <br />requiring developers as part of the platting process to perk all of the lots. <br />Mayor John closed the public hearing at 10:24 p.m. <br />M/S/P DeLapp/John — to approve Case No. V/97-60 a variance to Section 7080.0170 of the Lake Elmo <br />Municipal Code to install a mound system on Lot 12, Block One, Heritage Farm requested b Donna <br />Herzfeld based on the hardship narrative presented by Tim Freeman, dated October 28,1997, and based <br />upon the Findings of the City Planner: (1) There are extraordinary circumstances that apply to this property <br />which does not generally apply to other properties in the same zone. The land does not have adequate areas <br />for a conventional system due to the specific soil types as identified. (2) The literal interpretation of the <br />provision of the ordinance would deprive the applicant rights commonly enjoyed by other properties in the <br />same district under the terms of the septic ordinance. This lot is platted as a single-family residential lot in <br />the OP. (3) The special circumstances is a result of the applicant, See Tim Freeman's comments. (4) The <br />granting of the variance requested will not confer on the applicant a special privilege that is denied by this <br />ordinance to owners of other lands, structures, and buildings in the same district. and (5) A mound system <br />is the only alternative and based upon the Findings of the City Engineer as stated above. (Motion passed 3- <br />1:Conlin: The code states a mound system cannot be used as an initial system. The code should be <br />changed if the City wants to allow mound systems as an initial system.) <br />B. Ordinance adopting Moratorium in Village Study Area <br />City Planner Terwedo provided a work plan, maps of Village Study Area, and a DRAFT ordinance relating <br />to a development moratorium in the Village area, which was recommended for approval by the Planning <br />Commission on October 27, 1997, with three modifications. The Planning Commission recommended the <br />study area be changed from 20a' street on the south to approximately Dr. Stevens house on Lake Ehno <br />Avenue and excluding the Packard Park and Tartan Meadows neighborhood, and Fields of St. Croix, Phase <br />II. The Village Commission wanted the Packard Park neighborhood and Tartan Meadows in the study area <br />because it included Legion Pond and other wetland areas, which may be affected by development in the <br />Village area. The Planning Commission felt that the area was too large. <br />The Council acknowledges the letter from Arlo Frost, Village Commission member, on the modifications <br />made by the Planning Commission of the boundaries of the Village area and the time limit on the <br />moratorium. <br />M/S/P Dunn/DeLapp —to adopt Ordinance 9721, as amended (A....as shown on Exhibit A as <br />recommended by Village Commission, ADD 6. No expansion of existing structures or new construction, <br />which would require a variance, will be permitted. DELETE (F.) G. This moratorium will be in effect for <br />nine months from the date of publication, unless terminated by City Council action.) An Ordinance relating <br />to a development moratorium in the Village Area with the amended Exhibit A excluding Fields of St. Croix <br />Phase II from the moratorium, but not the study area. (Motion passed 4-0). <br />C. Reschedule I-94 Study Workshop <br />The Council rescheduled the I-94 Study Workshop to Monday, November 17", 5:30 p.m. at City Hall. <br />LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 4, 1997 <br />
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