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9. PLANNING, LAND USE & ZONING: <br />A. Appeal of Administrative Determination: Dean Johnston <br />Dean and Karen Johnston, 8200 Hill Trail N., made application for a <br />building permit to construct an addition to their home located in the <br />Shoreland district of Lake Olson/Demontreville. The 2000 permit <br />application proposed a vertical addition to the house, no enlargement of the <br />house footprint on the lot; and as a result, no further setback encroachment <br />on the OHW. <br />The Zoning Administrator, along with the City Attorney, determined that the <br />proposed addition would constitute an expansion to the house dimension of <br />the existing non -conforming structure; and the City Planner advised the <br />Johnstons by a letter of October 13, 2000 that a building permit could not be <br />issued based on that determination. Mr. Johnston appealed that <br />determination by his letter of October 19, 2000. <br />Mayor Hunt opened up the Public Hearing at 7:40 p.m. <br />Dean Johnston indicated a vertical addition, where the existing house <br />footprint is not enlarged, does not constitute expansion of outside dimension <br />within the intent of the Shoreland Ordinance standards. It is an unnecessary <br />burden on the homeowner and creates problems in terms of a hardship. How <br />do you authorize even a dormer without asking for a variance and remain <br />with the old interpretation. <br />Jim Dillion, 8190 Hill Trail N,. has made application for framing in an <br />entryway. Dillion stated, "the ordinance discourages people from investing <br />in their property and encourages the City to streamline the ordinance". <br />Mayor Hunt closed the Public Hearing at 7:43 p.m. <br />Council discussion followed: <br />Council member Dunn stated that 18 years ago the drainfield was sized for a <br />two -bedroom house. We should not continue to interpret the code as staff <br />has in the past. <br />Council member Armstrong did not agree and felt the Shoreland code <br />protects fragile pieces of shoreland. A previous Council told the Johnstons <br />that they needed to size the septic for a two BR house even though they <br />LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 8, 2000 <br />