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RESOLUTION NO. 2007-032 <br />RESOLUTION APPROVING A VARIANCETO ALLOW AN OFF-SITE SEPTIC <br />SYSTEPA FOR LOT 11, BLOCK 1, RUTH'S FIRST ADDITION TO LAKE EL IMO <br />WHEREAS, the City of Lake Elmo is a municipal corporation, organized and <br />existing under the laws of the State of Minnesota; and, <br />WHEREAS, the City Council of the City of Lake Elmo has adopted zoning regulations in <br />the Municipal Code to promote orderly development and utilization of land within the city; and, <br />WHEREAS, Joe Bush ("Applicant") is owner of property in Lake Elmo which is legally <br />described as follows: <br />LOT 11, BLOCK 1, RUTH'S FIRST ADDITION TO LAKE ELMO <br />WHEREAS, the Applicant property is located within the R-1 zoning district; and, <br />WHEREAS, City Code requires sewage treatment systems to be located "on site;" and, <br />WHEREAS, the Applicant is seeking to construct an off site sewage treatment system <br />on an adjacent parcel within a one (1) plus acre easement for the treatment system; and <br />WHEREAS, the Planning Commission reviewed the request on March 26th, and <br />unanimously recommended approval of the requested variance with conditions; and, <br />WHEREAS, the City Council reviewed the request on April Td, and made the following <br />findings of fact: <br />1. The property in question is a lot of record and is therefore eligible to be used for one <br />single family dwelling; <br />2. The requested variance is reasonable provided the off-site septic location will <br />satisfactorily meet environmental standards for such systems. <br />3. The situation is unique in that code recognizes the subject parcel as buildable even <br />though an on-site septic system could never be designed to meet the one (1) acre <br />on-site code requirement. <br />4. The character of the City and neighborhood will not be impacted by an off-site septic <br />system. <br />5. The applicant was not responsible for the constraints on the property which prevent <br />placement of an on-site septic system which meets code requirements. <br />NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lake Elmo <br />hereby approves a variance to allow construction of an off site sewage treatment system on an <br />adjacent parcel within a one (1) plus acre easement for the treatment system; and, <br />