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wanted only to build one BR. The Shoreland district and nonconforming <br />structures are the two keys. She can understand a house causing a viewshed <br />problem. She would vote against this because other residents will come in <br />with requests. <br />Attorney Filla was under the assumption this was a request to go from 2 to 3 <br />bedrooms until he was provided a copy of the 1982 agreement which <br />indicates adding a second bedroom was allowed with variances with a <br />review by City. <br />M/S/P Dunn/Siedow — to overturn the determination of the Zoning <br />Administrator based on the City attorney's interpretation of the November 7, <br />1982 agreement between the City and Dean Johnston. (Motion passed 4- <br />1:Armstrong.) <br />Administrator Kueffner explained staff would have to do a full review of <br />Mr. Dillion's proposal, and he should contact staff. Planner Dillerud <br />repeated his understanding that there is extenuating circumstances for Dean <br />Johnston, but staff is to continue to interpret the code as we have all along. <br />Total volume would be defined as footprint and height, but Mayor Hunt <br />thought he would be more interested in footprint and let the height be <br />controlled by the ordinance as it already exists. Council member Dunn <br />stated, if we change the code, we could change it to footprint and viewshed. <br />Council member Siedow recommended that only the footprint be <br />considered. Council member Armstrong indicated the City cannot deal with <br />situations with just one phrase in the code, but needs a more detail <br />explanation than what is written in this section. The Staff will examine the <br />section and determine how complicated this can be to protect viewsheds. <br />The Council decided that the Ordinance and staff s interpretation stays the <br />same for now. <br />B. Minor Subdivision (Waiver of Plating): Dan, Jean & Carl Olinger <br />The Planning Commission unanimously recommended approval of this <br />application to divide a parcel of approximately 1.5 acres (gross) from an <br />existing 15-acre parcel; and, combine an existing parcel of approximately <br />1.5 acres (gross) with the former 15-acre parcel. This is a trade of side -by - <br />side home site between family members to place a different home on the <br />larger parcel. While a lot that is non -conforming by area will be created (1.5 <br />LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 8, 2000 7 <br />