HomeMy WebLinkAboutResolution 2012-27 Approving Variance to Allow Installation of Holding Tanks to be Used for Longer than 12 Months3892899
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Resolution leo. 2012-027
(Lake Elmo)
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CITY OF LAKE ELMc
Washington County, MN
38W LAVERNE AVE NORTH
LAKE ELMO MN 55042
./crrrrifi^rl�u�eyri7rs, C'�r7arxY}� Recorder
Resolution leo. 2012-027
(Lake Elmo)
A RESOLUTIONAPPROVING A VARIANCE TO ALLOW THE INSTALLATION OF HOLDING
TANKS TO BE USED FOR LONGER THAN 12 MONTHS
WHEREAS, the City of Lane Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Christ Lutheran Church, 11194 36th Street North (the "Applicant") has
submitted an application to the City of Lake Elmo (the "City") for a variance to install holding
tanks that will replace an existing non-compliant subsurface sewage treatment on its site, 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 1.54.017; and
WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter
on May 7, 2012; 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 15, 2012; and
WHEREAS, the City Council considered said matter at its May 15, 2012 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 154.01.7.
2) That all the submission requirements of said 154.01.7 have been met by the Applicant.
3) That the proposed variance is to install holding tanks that will replace an existing non-
compliant subsurface sewage treatment on its site. The proposal involves the installation
of three tanks with a capacity of 1,500 gallons each that will be used. for longer than a 12
month period of time. The Washington County regulations pertaining to subsurface
sewage treatment systems (SETS) and adopted by reference Section 51.002 of the City
Code do not allow the use of holding tanks beyond 12 months
4) That the Variance will be located on property legally described as follows:
(Per Deed Record No. 84, Page 607)
All that part of the Northwest quarter (NW 1I4) of Section Number Thirteen. (13),
in Township number Twenty-nine (29) North, of Range number Twenty-one
West, described as follows, to -wit;
Beginning at a point in the center of the Elmo Road (so-called) at a point Six
hundred and seventy (670) feet Northerly of the Northwest corner of Lot Number
One (1) of Block number One (1) of Elmo Park, as surveyed and platted and now
of record in the Office of the Register of Deeds in and for said County; thence
Easterly on a line parallel to the North line of said Section One hundred and
eighty (180) feet to a point, being the point of begirming; thence Northerly on a
line parallel to the center line of said road Two hundred and seventeen and eighty
one -hundredths {217.80) feet; thence Easterly on a line parallel to the North line
of said Section Two Hundred (200) feet, thence Southerly on a line parallel. to the
center line of said road Two hundred and seventeen and eighty one -hundredths
(217.80) feet; thence Westerly on a line parallel. to the North line of said Section
two hundred (200) feet, to the point of beginning, except Twenty (20) feet on the
West Side of said lot which is to be used for private alley, and Thirty three (33)
feet on the East side, and Thirty (30) feet on the South side, which is to be used
for Public Road.
And (Per Quit Claim Deed Document No. 19255 1) The West Twenty (20) feet of
Lot Thirty-nine (39) County Auditor's Plat No.8, Washington County, Minnesota.
And (Per Warranty Deed Document No. 192552) Lots Eight (8) and Nine (9),
Block Two (2), Cloverdale, According to the plat thereof, on file and of record in
the Office of the Register of Deeds, Washington County, Minnesota.
5) That the strict enforcement of Zoning Ordinance would cause practical difficulties and
that the property owner proposes to use the property in a reasonable manner not permitted
by an official control. Specific findings: That the proposed use o. f'holding tanks is a
reasonable use of the propert, until such time that public sanitary sewer is available.
The applicant has demonstrated that there are no suitable locations on the site to
construct a drainfield, and the proposed holding tanks will callow the church to
continue its operations prior to the extension of public sanitaaj� sewer service to its
property. The Church has provided a written statement that it intends to connect to
public sewer service when it is made available, and that the holding tanks are a
temporwy solation until such time.
b) That the plight of the landowner is due to circumstances unique to the property not
created by the landowner. Specific findings: That there are no portions of the
applicant's site that could accommodate a drainfield and standard sewage treatment
system. The site is very constrained due to previous additions and expansions, and an
old structure foundation, further limits the amount of land available_for a treatment
systema. The applicant's site is further unique because it is a small parcel located
within the Lake Elmo Village Area and is zoned PF— Public Facility. It is the only
church located within the City's central business district, and it is surrounded by
commercial and residential structures with a variety of setbacks and building sizes.
7) That the proposed variance will not alter the essential character of the locality in which
the property in question is located. Speci fc findings: That the proposed holding tanks
will not change the essential character of the localit), because tanks will be installed
below grade and will not be visible to surrounding properties The City's central
business district is comprised of a wide mix of commercial and residential uses, malty
of which are located very close or immediately adjacent to public right-of-way.
S} That the proposed variance will not impair an adequate supply of light and air to property
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.
Specific findings: That the proposed holding tanks will not alter or increase any of tlae
existing traffic patterns in the surrounding neighborhood beyond what would
reasonably be expected within the Lake Elmo pillage area.
Based on the foregoing, the Applicants' application for a. Variance is granted, provided the
following conditions are met:
The applicant shall enter into an agreement with the City related to the future sewer
connection that will be provided to the property at 11194 36 I Street North.
2. The applicant should be required to submit copies of all septic tank pumping records to
the City on a quarterly basis.
Massed and duly adopted this 15t" day of May 2012 by the City Council of the City of Lake Elmo,
Minnesota.
Dean A. Johnston, Mayor
ATET:
, ,
LL.
A. Zulger; Vity Administrator
I hereby certify that the foregoing Resolution is a true and correct copy of a resolution
presented to and adopted by the Council of the City of Lake Elmo at a duly authorized meeting
thereof held on the 5th day of June 2012, as shown by the minutes of said meeting in my
possession.
r � '
Sandie Thone
City Clerk
DRAFTED BY:
David K. Snyder, Esq.
Johnson and Turner
56 East Broadway Avenue x#206
Forest Lake, MN 55025
651-403-8695