HomeMy WebLinkAbout2017-114 - CopyCITY OF LAKE ELMO
WASHINGTON COUNTY
ST A TE OF MINNESOTA
RESOLUTION 2017-114
A RESOLUTION APPROVING A VARIANCE FROM MINIMUM SEPTIC SETBACK
STANDARDS
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Peter and Adrienne Pavek, 8130 Hill Trail N, Lake Elmo, MN 55042
("Applicant"), has submitted an application to the City of Lake Elmo (the "City") for a variance
to allow installation of a new septic system which does not meet the minimum setback
requirements from the property line, shoreland bluff line, Ordinary High Water Level, and non-
occupied structure.
WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo
Zoning Ordinance, Section 154.109; and
WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter
on September 25, 2017; and
WHEREAS, the Lake Elmo Planning Commission has submitted its repo1i and
recommendation to the City Council as part of a Staff Memorandum dated September 25, 2017;
and
WHEREAS, the City Council considered said matter at its October 3, 2017 meeting.
NOW, THEREFORE, based on the testimony elicited and information received, the City
Council makes the following:
FINDINGS
1) That the procedures for obtaining said Variance are found in the Lake Elmo Zoning
Ordinance, Section 154.109.
2) That all the submission requirements of said Section 154.109 have been met by the
Applicant.
3) That the proposed variance includes the following components:
a) A variance to allow installation of a new septic system which does not meet the
following minimum setback requirements:
Resolution 2017-
1. Septic dispersal area 10 from the property line (variance to allow 4 feet
from the southern property line).
11. Septic dispersal area 20 feet from the shoreland bluffline (variance to
allow 15 feet).
111. Septic dispersal area 75 feet from the Ordinary High Water Level
(variance to allow 50 feet).
1v. Septic dispersal area 10 feet from a non-occupied structure (variance to
allow 6 feet).
4) That the Variance will be located on property legally described as follows: LOTS 524
THRU 527& LOTS 612 THRU 615 WARNING: (SUBJ TO RESOLUTION 87-32
CITY OF LAKE ELMO THAT PROHIBITS TRANSFER OF REAL ESTATE IN THE
LANES DEMONTREVILLE PLAT WITH-OUT CITY APPROVAL)
SubdivisionName LANE'S DEMONTREVILLE COUNTRY CLUB Lot 614
SubdivisionCd 37445. PID# 09.029.21.22.0007.
5) That the strict enforcement of Zoning Ordinance would cause practical difficulties and
that the property owner proposes to use the property in a reasonable manner not pennitted
by an official control. Specific findings: The applicant is proposing to expand an existing
home and needs to upgrade the septic system in order to do so. The small size of the lot
makes it difficult to find other viable septic sites. Soil borings determined that no other sites
throughout the property would be acceptable.
6) That the plight of the landowner is due to circumstances unique to the property not
created by the landowner. Specific findings: The property was platted and the house
was constructed long before current minimum lot size and shoreland standards, and so
there are no other options for location of an upgraded septic system. A garage was
constructed about 13 years ago by a previous landowner that significantly limited
alternative options for a septic location.
7) That the proposed variance will not alter the essential character of the locality in which
the property in question is located. Specific findings: The location of the septic system
will not alter the character of the neighborhood, as it will have no visual impact. The
current system was installed in 1981, and the new system will be less impactful to the lake,
as 95% of contaminants will be removed before entering the drain.field.
8) That the proposed variance will not impair an adequate supply of light and air to properties
adjacent to the property in question or substantially increase the congestion of the public
streets or substantially diminish or impair property values within the neighborhood.
Specific findings: The property owners to the south to whose property line the septic
drain.field is proposed to be located closer than the required minimum distance of ten feet
have indicated that they have no issue with the proposed setback of four feet. The proposed
septic system will be less impactf ul to the lake and surrounding properties than the current
system.
CONCLUSIONS AND DECISION
Resolution 2017-2
Based on the foregoing, the Applicant's application for a Variance is granted, subject to the
following conditions.
1) That the Applicant adhere to standards set forth in Chapter 4 of the Washington Development
Code, specifically as it pertains to inspection and maintenance requirements.
2) The existing tanks shall be abandoned, pumped and filled with soil. A tank abandonment
report shall be completed.
3) That the Applicant obtain all applicable pe1mits, including but not limited to a Washington
County Subsurface Sewage Treatment System (SSTS) permit.
Passed and duly adopted this 17th day of October 2017 by the City Council of the City of Lake
Elmo, Minnesota.
~ ., Mike Pearson, Mayor
ATTEST:
Resolution 2017-3