Resolution 2012-02 Approving Setback Variances related to the Construction of a Subsurface Sewage Treatment System at 2860 Lake Elmo Ave

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CITY O LAKE O. I 1 111111 11, '111 A RESOL UTION APPROVING SETBACK VARIANCES RELATED TO THE CONSTRUCTION OFA SUBSURFACE SEWAGE TREATMENT SYSTEM AT 2860 LAKE ELMO A VENUE NORTH WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Clyde Durand, 2860.Lake Elmo Avenue (the "Applicant") has submitted an application to the City of Lake Elmo (the "City") for variances to allow the construction of a subsurface sewage treatment system (SSTS) that does not meet the required setback from property lines, the Ordinance High Water Elevation (OHW) of Lake Elmo and a principal structure at 2860 Lake Elmo Avenue North, 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 August 8, 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 August 23, 2011; and WHEREAS, the City Council considered said matter at its August 23, 2011 meeting and tabled the item; and WHEREAS, the City Council reconsidered. said matter at its September 20, 2011 and February S, 2012 meetings. 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.