HomeMy WebLinkAboutResolution 2011-020CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO 2011-020
A RESOLUTIONAPPROVING A 25 FOOT VARIANCE FROM THE REQUIRED 75 FOOT
SETBACK TO THE ORDINARYHIGH WATERLINE AT 8242 HIDDEN BAY TRAIL NORTH
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Danette Jahnke and Richard Leonard, 8242 Hidden Bay Trail (the
"Applicant") has submitted an application to the City of Lake Elmo (the "City") for a variance to
allow the construction of a replacement septic system 25 feet from the Ordinary High Waterline
where a 75 foot setback is required, a copy of which is on file with the City; and
WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo
Zoning Ordinance, Section 154.017; and
WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter
on April 25, 2011; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendation to the City Council as part of a Staff Memorandum dated May 17, 2011; and
WHEREAS, the City Council considered said matter at its May 17, 2011 meeting.
NOW, THEREFORE, based on the testimony elicited and information received, the
City Council makes the following:
1) That the procedures for obtaining said Variance are found in the Lake Elmo Zoning
Ordinance, Section 154.017.
2) That all the submission requirements of said 154.017 have been met by the Applicant.
3) That the proposed variance is to allow the construction of a replacement septic system at
8242 Hidden Bay Trail that would be set back 25 feet from the Ordinary High Waterline,
which is 50 feet closer to the line. The septic system proposed is a mound system.
4) That the Variance will be located on property legally described as Lot 4, Block 1, Oace
Acres 0' Addition, Washington Co., Minnesota.
Soil borings identffifed rock embedded in the ground the closer to the weir, which is not
conducive to a septic system. Therqfore land near the weir was unsuitablefor the
proposed replacement system. The location Qf the home, driveways, well, existing
septic system,floodplain and weir are all restrictions that severely limit the potential
location sites at which the septic tanks and drainfield could be built.
Based on the foregoing, the Applicants' application for a Variance is granted with the following
conditions:
1) No adverse impacts are allowed to the adjacent lots. Existing drainage patterns must be
maintained.
2) The mound system must be constructed outside the FEMA floodplains.
3) The system shall be monitored for proper operation once in each of the first two years.
4) The applicant is encouraged to work with the Valley Branch Watershed District to reduce
erosion on or near the weir.
Passed and duly adopted this 17th day of May 2011
Minnesota.
ATTEST:
'r: ...............
Bruce Messelt, City
by the City Council of the City of Lake Elmo,
Dean A. Johnston, Mayor