HomeMy WebLinkAboutResolution 2013-066 Vairance for 4719 Olson Lake Trail for Installation of Holding TanksA RESOLUTION APPROVING A VARIANCE TO ALLOW THE INSTALLATION OF
HOLDING TANKS AT 4719 OLSON LAKE TRAIL NORTH TO BE USED FOR A TIME
PERIOD LONGER THAN 12 MONTHS B UT NOT TO EXCEED 5 YEARS.
WHEREAS, the City of Lake Elmo is a municipal corporation organized and
existing under the laws of the State of Minnesota; and
WHEREAS, Mrs. Mary Florence Brink and Mr. Thomas Brink, 1941 Millbank
Street Southeast, Grand Rapids, Michigan, (the "Applicant") has submitted an application
to the City of Lake Elmo (the "City") for a variance to allow for the use of a septic
holding tank system for a period longer than 12 months; and
WHEREAS, notice has been published, mailed and posted pursuant to the Lake
Elmo Zoning Ordinance, Section 154.109; and
WHEREAS, the Lake Elmo Planning Commission held a Public Hearing on said
matter on August 26, 2013; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendation to the City Council as part of a Staff Memorandum dated September 3,
2013; and
WHEREAS, the City Council considered said matter at its September 3, 2013
meeting.
NOW, THEREFORE, based on the testimony elicited and information received,
the City Council makes the following:
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1) That the procedures for obtaining said Variance are found in the Lake Elmo
Zoning Ordinance, Section 154.109.
2) That all the submission requirements of said Section 154.109 have been met by
the Applicant.
3) That the proposed variance is to allow for the installation of a septic holding tank
system to be used for a time period longer than 12 months, but not to exceed 5
years.
4) That the Variance will be located on property legally described as follows:
Government Lot 2, Section 8, Township 29 North, Range 21 West, Washington
County, Minnesota. More commonly known as 4719 Olson Lake Trail North.
Resolution No. 2013-66
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 is
reasonable because the property owner intends to connect to Municipal
Sanitary Sewer when Phase II of the Olson Lake Trail .Sewer Project is
executed. Installing a new compliant septic system before connecting to sanitary
sewer represents an undue financial burden.
d) That the plight of the landowner is due to circumstances unique to the property
not created by the landowner. Specifie.indings: That the applicant's property is
guided for Municipal Sanitary Sewer in the City's Comprehensive Plan and
located in the Phase II area q f the Olson Lake Trail Sewer Projects
7) That the proposed variance will not alter the essential character of the locality in
which the property in question is located. Specific findings: The temporary use
of a septic holding tank system will not alter the essential character of the
locality.
8) 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: The allowance of a septic Bolding
tank system will not impair the supply of light and air to adjacent properties, or
increase the congestion of public streets, or diminish or impair property values
within the neighhorhood.
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 4719 Olson Lake Trail
North.
2. The applicant should be required to submit copies of all septic tank pumping
records to the City on a quarterly basis.
Passed and duly adopted this 3'd day of September, 2013 by the City Council of the City
of Lake Elmo, Minnesota.
Michael Pearson, Mayor
ATTEST:
Adam Bell, City Clerk
Resolution No. 2013-66 2