HomeMy WebLinkAbout2023-073CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
RESOLUTION NO.2023-073
A RESOL UTION APPR O VING A VARL4NCE TO ALL O W A REDUCED SEPTIC SYSTEM
SETBACK OF 38.3 FEET FROM THE ORDINARYHIGH--WATER LEVEL ON THE
PROPERTYLOCATED AT 8286 HIDDEN BAY COURT NORTH
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Jeff and Judy Otto (the "Applicants"), owners of the property located at
8286 Hidden Bay Court N, PID # 09.029.21.23.0013, Lake Elmo, MN 55042 (the "Property")
have submitted an application to the City of Lake Elmo (the "City") to request a variance to
allow a reduced septic system setback of 38.3 feet from the ordinary high-water level for a
replacement septic system; and
WHEREAS, notice of a public hearing 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 July 24th 2023; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendation of approval of the variance to the City Council as part of a Staff Memorandum
dated August 15, 2023; and
NOW, THEREFORE, based on the testimony elicited and information received, the
City Council makes the following:
FINDINGS
1. The Applicants' current septic system on the Property is failing and needs to be replaced.
2. The Applicants had a septic system designer review the Property to determine feasible
locations for a new septic system. The Applicants' septic system designer determined that
the proposed location of the septic system that is 38.3 feet from the ordinary high-water
level is the only feasible location on the Property for the new septic system.
3. The Applicants are requesting a variance to allow for a reduce septic system setback of
3 8.3 feet from the ordinary high-water level for the replacement septic system.
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4. That the procedures for obtaining a variance are set forth in Section 105.12.320 of the Lake
Elmo Zoning Code. Any action taken by the City Council to approve a variance request
must meet all of the following findings:
a. 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.
FINDINGS: The current septic system is failing and needs to be replaced. The
Applicants have had a septic designer review the Property for a feasible septic system
location and the only feasible location is 38.3 from the ordinary high-water level. The
City Council finds that the Applicants have proven practical difficulties because a
septic system is needed given the current failing system, there is no other feasible area
on site, and a septic system is needed in order to maintain the house that is on the
Property. Practical Difficulties are met.
b. Unique Circumstances - the problem for the landowner/applicant which the intended
variance is intended to correct is unique to the property in question that was not created
by the landowner/applicant.
FINDINGS: The Applicants are proposing to replace the septic system in roughly the
same area of the Property as the existing system. The current septic system is failing
and not due to the fault of the Applicants. The proposed location is the only feasible
location on the Property for the new septic system. Unique Circumstances are met.
c. Character of Locality - the proposed variance will not alter the essential character of
the locality in which the property in question is located.
FINDINGS: Given this area does not have access to City sewer and all adjacent
properties are on private septic systems, the City Council finds that approval of this
request would not alter essential character of the neighborhood. Character of
Locality is met.
d. 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.
FINDINGS: The proposed location for the new septic system will not increase
congestion on a public street as it will not contribute to any additional traffic to the
neighborhood. It will also not impair an adequate supply of light or air to adjacent
properties given that it is underground. Because it is underground and will not be
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seen, it will not impair property values within the neighborhood. Adjacent properties
and Traffic is met.
DF MION
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 Applicants' request for a variance to allow a reduced septic system setback
from the ordinary high-water level on the Property, subject to the following conditions:
1. The Applicants must obtain all other necessary City, state, and other governing body
permits and approvals prior to construction of the septic system.
2. A minimum 35-foot-wide buffer strip measured perpendicular to the ordinary high-water
level extending 35 feet inland must be provided. A mowed access path and shoreline are
allowed but must not exceed 30 percent of the Applicants' shoreline width or 30 feet,
whichever is less.
3. This variance is only for a reduced septic system setback from the ordinary high-water
level to 38.3 feet.
4. This variance shall expire if work on the new septic system does not commence within 12
months of the date of this Resolution.
Passed and duly adopted this 15th day of August, 2023 by the City Council of the City of Lake
Elmo, Minnesota.
Mayor Charles Cadenhead
ATTEST:
41i hnso , C' y Clerk
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