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CI'T'Y OF LADE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 99 -16 A RESOLUTION GRANTING VARIANCES TO SECTION 700.03, SURD. 1C. 7080.0170 ALLOWING MOUND SYSTEMS AS TIME FIRST DISPOSAL,, ON LOTS, 1, 2 & 3, AS PROPOSED, IN WATERS BAY FINAL PLAT WHEREAS, the Lake Elmo City Council has reviewed and heard testimony regarding the application of Kelly Schmidt and George Hedges to vary from the standards of Section 700.03, Subd. I.C. 7080.0170 Final Treatment and Disposal of the Lake Elmo Municipal Code. These variances will permit the construction of mound systems as the first disposal on three new building sites for single family residential homes on Lots 1,2,3, Waters Bay Final Plat based on the following reasons: 1. The approximate elevations of the stains in the soil coincide with the high water that the lake experienced in the early 1980's. 2. This variance request is that due to the high water of the lake in the 1980's, the land was stained and mottled. 3. 'his land would not be usable for any reasonable purpose without these variances. 4. It is not a condition that the owner created, nor did the owner acquire the property knowing about this condition. a. This request does not violate the spirit and intent of the ordinance, which is. to protect the health, safety, and welfare, and to prevent contamination of surface, ground and well water. b. The experts at the University of Minnesota and the Minnesota Pollution Control Agency agree that mound systems are safe methods of treating sewage. NOW, THEREFORE, BE IT RESOLVED, that the Lake Elmo City Council does hereby grant the variances subject to the following conditions stated in the City Engineer's letter of February 4, 1999 and approval /record of the Waters Bay Final Plat, 1. Lot 1: The actual location of the mounds will be staked, and approved by the building inspector before the driveway is graded in. The mound areas will be roped off to protect them. from house building activity.