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CITY OF LAKE ELMO <br />WASHINGTON COUNTY, MINNESOTA <br />RESOLUTION NO. 2006-028 <br />A RESOLUTION DENYING A VARIANCE FOR <br />JEFFERY JOHN AND ROBIN SCHARRER <br />LOCATED AT 7949 HILL TRAIL NORTH <br />WHEREAS, Jeffery John and Robin Scharrer, 7949 Hill Trail North, have made <br />application for a variance to Section 700 of the Lake Elmo Municipal Code and Chapter <br />7080.0170 of Minnesota Rules to construct a replacement septic drain field <br />approximately 15 feet from a structure where 20 feet are required. <br />WHEREAS, at its March 13th. meeting, the Planning Commission reviewed and <br />recommended approval of setback system variance at 7949 Hill Trail North. <br />WHEREAS, at its March 21" meeting, the Lake Elmo City Council reviewed the <br />septic system setback variance application of Jeffery John and Robin Scharrer to permit <br />construction of a replacement drain field, per plans staff -dated March 9, 2006, at 7949 <br />Hill Trail N. within 15 feet of the existing house where a 20 foot setback is otherwise <br />required. <br />NOW, THEREFORE, BE IT RESOLVED, that the Lake Ehno City Council <br />denies the variance at 7949 Hill Trail to construct a replacement septic drain field within <br />15 feet of an existing structure where a 20 foot setback is required by Section 700 of the <br />City Code based on the following findings: <br />1. The property can be put to reasonable use without the granting of the variance <br />requested. The applicant can construct a mound style drain field without need <br />for a setback variance. <br />2. The variance requested does not result from circumstances unique to property. <br />Alternative solutions for the treating of wastewater are available that would <br />not require the requested variance. <br />3. Granting of the variance will not change the essential character of the <br />neighborhood. <br />