HomeMy WebLinkAboutResolution 2004-043CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2004-043
A RESOLUTION DENYING A SEPTIC SETBACK VARIANCE
REQUESTED BY GARY WEBSTER
WHEREAS, Gary Webster, 3604 Layton Avenue N., has requested a variance to
place a new septic drain field within 5 feet of a property line and within 12 feet of a
structure.
WHEREAS, at its May 10, 2004 meeting, the Lake Elmo Planning Commission
conducted the public hearing and recommended denial of the septic setback variances at
3604 Layton Avenue based on the following findings:
1. The property can be put to reasonable use -- as defined by the circumstances of
this particular case — if used under the conditions of the Chapter 700 of the City
Code. The site currently has a functioning drain field that poses no imminent
health threat, and complies with drain field setback standards.
2. The plight of the present land owner — small site land area; present drain field
location; and lack of a garage, were known to the present land owner (Applicant)
as existing conditions upon site acquisition. The variance applicant is sole the
result of the land owner /applicant deciding to construct a garage, not a result of
total drain field failure. The public health and safety protection accorded by the
prescribed drain. field setbacks outweigh any property owner hardship resulting
from having no garage on the site.
3. The variances, if granted, will not alone change the essential character of the
neighborhood.
WHEREAS, at its May 18, 2004 meeting, the Lake Elmo City Council reviewed Gary
Webster's application at 3604 Layton Avenue N. to place a new septic drain field within
5 feet of a property line (10 feet required), and within 12 feet of a structure (20 feet
required).
NOW, THEREFORE, BE IT RESOLVED, that the Lake Elmo City Council denies
the application of Gary Webster, 3604 Layton Avenue N., to place a new septic drain
field within 5 feet of a property line and within 12 feet of a structure based on the
Findings and the recommendation of the PIanning Commission.
ADOPTED, by the Lake Elmo City Council on the 18"' day of May, 2004.
V"
Lee Hunt, Mayor