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