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CITY OF LAKE ELMO <br />WASHINGTON COUNTY, MINNESOTA <br />RESOLUTION NO. 2003-039 <br />A RESOLUTION APPROVING A SHORELAND OVERLAY DISTRICT VARIANCE <br />FOR BRADLEY AND AMY GUSTAFSON AT 8120 HILL TRAIL NORTH <br />WHEREAS, at its April 14, 2003 meeting, the Planning Commission held a <br />public hearing and recommended approval of an application from Bradley and Amy <br />Gustafson, at 8120 Hill Trail North, for a shoreland overlay district variance to construct <br />an addition, per plans staff dated March 10, 2003, to an existing residential dwelling 86 <br />feet from the Ordinary High Water Mark, where 100 feet is required. <br />WHEREAS, at the May 6, 2003 meeting, the Lake Elmo City Council reviewed <br />the application of Bradley and Amy Gustafson for a shoreland overlay district variance <br />and made the following findings: <br />1. The reasonable use of this lakefront property includes a structure <br />with living area and features proposed by the application. To <br />accomplish this level of reasonable use while maintaining much of <br />the existing structure dictates maintaining the existing 90 <br />foot OHW setback for the majority of the structure; and 84 feet for <br />the cantilevered deck. <br />2. The existing structure was constructed with the 90 foot OHW prior <br />to the adoption of Shoreland Standards by the City. This variance <br />is not a self - imposed hardship. <br />3. The essential character of the neighborhood will not be altered <br />as the result of he variance. <br />NOW, THEREFORE, BE IT RESOLVED, the Lake Elmo City Council approves <br />the Shoreland Overlay District Variance for an addition to the home for Bradley and Amy <br />Gustafson, at 8120 Hill Trail North, based on the plans staff dated March 10, 2003, and <br />the Findings and recommendations of the Planning Commission, including two <br />conditions: <br />1. The cantilevered deck should be constructed at a maximum depth of <br />six feet toward the lake. <br />2. The applicant must mitigate water runoff through the use of gutters <br />and downspouts that direct water away from the lake as far as <br />feasible, as determined by the Building Official. <br />