HomeMy WebLinkAbout2022-111CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
RESOLUTION NO.2022-111
A RESOLUTIONAPPROVING A VARIANCE WITH CONDITIONS TO INSTALL A
SEWAGE TREATMENT SYSTEM WITHIN 75 FEET OF DELINEATED WETLAND
BOUNDARYAT 8265 HIDDENBA Y TRAIL N.
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, David Kranz(the "Applicant") on behalf of Vonda Brown, owner of the
property located at 8265 Hidden Bay Trail N — PID 09.029.21.31.0025, Lake Elmo, MN 55042
(the "Property") has submitted an application to the City of Lake Elmo (the "City") for a
variance request to install a sewage treatment system within 75 feet of a wetland; and
WHEREAS, notice has been published, mailed, and posted pursuant to the Lake Elmo
Zoning Code, Section 105.12.320; and
WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter
on November 14, 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 December 6, 2022;
and
WHEREAS, the City Council considered said matter at its December 6, 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 bed mound system and
corresponding soil absorption at a distance of 60 feet and 48.3 feet from a delineated
wetland boundary.
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 existing topography and well location leave a limited amount of area for
a replacement sewage treatment system. The proposed system area is the only practical
location. 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 property owners are not responsible for the challenging topography and existing well
location. The system cannot be shifted further north due to 30 percent slopes, or further
east due to an existing drainage way. Areas north of the home have limited space and are
within the required 50 foot setbackfrom the existing private well. The system designer has
indicated there are no other viable locations.
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 in an area
with mature trees providing screening. Upon installation, the applicant will be required
to establish vegetative cover 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:
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. Adjacent residential properties in the area are to be served
by similar private or community wastewater treatment systems. It is in the best interest of
the adjacent properties for the subject property to have a replacement sewage treatment
system installed to avoid sewage smells in the event of a full failure of the existing sewage
treatment 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 variance request with conditions to install a sewage treatment system 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 prior to the
installation of the sewage treatment system.
2. The mound system and all disturbed areas must be seeded and mulched immediately
following system installation.
3. The existing sewage treatment system and tanks must be properly abandoned.
4. 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.
5. This variance approval is only for a reduced setback in the proposed locations according
to the revised site survey dated October 18, 2022. Any deviation in system component
locations would require approval from the City of Lake Elmo.
6. 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.
Passed and duly adopted this 6ch day of December, 2022 by the City Council of the City of Lake
Elmo, Minnesota.
ATTEST:
Juk J hnso Cit Jerk
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Mayor Charles Cadenhead
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