HomeMy WebLinkAbout2022-087CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
RESOLUTION NO.2022-087
A RESOL UTION APPRO VING A VARIANCE WITH CONDITIONS TO INSTALL A
SEWAGE TREATMENT SYSTEM AND SEPTIC TANKS WITHIN 75 FEET OF
DELINEATED WETLAND B0UNDARYAT 10212 STILL WATER LANE N.
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Thomas Buege (the "Applicant"), owner of the property located at 10212
Stillwater Lane N — Parcel 14.029.21.32.0003, Lake Elmo, MN 55042 (the "Property") have
submitted an application to the City of Lake Elmo (the "City") for a variance request to reduce
the wetland setback for a sewage treatment system and septic tank to 11 feet where a minimum
of 75 feet is required; and
WHEREAS, notice has been published, mailed, and posted pursuant to the Lake Elmo
Zoning Code, Section 103.00.120; and
WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter
on September 26, 2022; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendation to the City Council as part of a Staff Memorandum dated October 4, 2022; and
WHEREAS, the City Council considered said matter at its October 4, 2022 meeting and
directed City staff to draft a resolution approving the variance with conditions for its
consideration; and
NOW, THEREFORE, based on the testimony elicited and information received, the
City Council makes the following:
FINDINGS
1) That the procedures for obtaining a variance are found in Section 105.12.320 of the Lake
Elmo Zoning Code.
2) That all submission requirements of Section 105.12.320 of the Lake Elmo Zoning Code
have been met by the Applicant.
3) That the proposed variance includes the following components:
a) The applicant proposes to install a 10 foot by 45 foot rock and sand bed, a 14 foot by
45 foot sand absorption area, and three tanks at the following distances from the
delineated wetland boundary:
a. Rock and sand bed: 25 feet
b. Absorption Area: 11 feet
c. Tanks: 38 feet
b) Section 105.04.520(5)b. states that no part of any septic tank system or of another
sewage disposal requiring on land on in -the -ground disposal of waste shall be located
closer than 75 feet from the edge of a wetland.
4) Practical Difficulties as used in connection with the granting of a variance, means that the
property owner proposes to use the property in a reasonable manner not permitted by an
official control:
Strict enforcement of the code would create an inability to properly dispose of domestic
wastewater. The parcel configuration, existing structures, and fill material south of the
home leave a limited amount of area for a replacement sewage treatment system. The
only usable soils are within the 75 foot wetland setback area. Granting a variance would
allow the applicant to use the property in a reasonable manner as there is no public
sewer service available at this location.
5) Unique Circumstances the plight of the landowner is due to circumstances not created by
the landowner:
The applicant is not responsible for the parcel configuration, existing structures, or the
placement of fill on the southern portion of the parcel. The applicant purchased the
property in 2007 with all existing conditions in place.
6) Character of Locality the proposed variance will not alter the essential character of the
locality in which the property in question is located:
The proposed sewage treatment system would not alter the essential character of the
neighborhood The proposed mound system would be located in the rear yard with
limited visibility from surrounding properties. Upon installation, a vegetative cover
would be established to prevent erosion and make the mound system more inconspicuous.
Surrounding residential properties also have private sewage treatment systems due to
public sewer service not being available to the area.
7) Adjacent Properties and Traffic 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:
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The proposed request will have no effect on the supply of light and air to adjacent
properties or increase congestion in the public streets. Property values should not be
diminished from the request. Residential properties in the area are to be served by
similar private or community wastewater treatment systems. The system is designed as a
Type 3 sewage treatment system, which treats wastewater at higher standard prior to
effluent being dispersed to the mound system.
DECISION
NOW, THEREFORE, BE IT FURTHER RESOLVED, and based upon the
information received and the above Findings, that the City Council of the City of Lake Elmo
hereby approves the request from Thomas Buege for a variance with conditions to install a
sewage treatment system and septic tanks within 75 feet of a delineated wetland boundary.
Approval of the request is subject to the following conditions.
1. The wetland must be fully protected by the installation of a dual silt fence.
2. The mound system and all disturbed areas must be seeded and covered.
3. The applicant must obtain all other necessary City, State, County, and other governing
body permits and approvals before the commencement of any construction activity
onsite. These include, but not limited to, Valley Branch Watershed District approval and
a Washington County Subsurface Sewage Treatment System permit.
4. This variance approval is only for a reduced setback in the proposed locations according
to the revised site survey dated September 23, 2022. Any deviation in system component
locations would require approval from the City of Lake Elmo.
5. This variance approval shall become void if the sewage treatment system and tanks have
not been installed within 12 months of the City's approval.
6. The applicant must receive an approved City Wetland Permit prior to any construction.
Passed and duly adopted this 4th day of October, 2022 by the City Council of the City of Lake
Elmo, Minnesota.
Mayor Charles Cadenhead
ATTEST:
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Jul(!JJhns( Vity Clerk