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G. Kiesling Confirmation Resolution <br />Mayor Hunt asked that this agenda item be pulled off the consent agenda <br />because the Planning Commission at their June meeting, did add Findings <br />for approval of the variance. Attorney Filla stated the Council has to take <br />action on this regardless of what is stated in the Planning Commission <br />minutes. <br />Joe Kiesling stated he never was granted what he originally asked for. <br />John Hammerly, a new resident along the lake, voiced concerns on process <br />being used because he will be applying for a variance. He asked the Council <br />to be fair and look at parking and vertical effect of building. <br />Council members Dunn and Armstrong commented that originally the <br />permit was to make the house more habitable and the house is a beautiful <br />home. They appreciated Molly Shodeen, DNR, coming and agreed with her <br />that decks do turn into living space. (See Molly Shodeen's comments in the <br />June 5 Council minutes.) The proposal is not just a deck, but a 1400 sq.ft. <br />addition 22' from the OHWM where 100' from the OHWM is required. <br />Council member Dunn stated the water problems date back 15 or more years <br />when homes were affected with water problems were supposed to be moved. <br />This gets lost when you don't have the history. <br />M/S/P Dunn/Armstrong - to adopt Resolution No. 2001-043, Order Issued <br />By The Board of Adjustments and Appeals to reverse the decision of the <br />Planning Commission on Appeal and deny the variance application of <br />Joseph Kiesling, 9359 Jane Road N. (Motion passed 3-2:Siedow stated <br />things changed as there are large homes around the lake, and the water level <br />is down. Mayor Hunt stated this project would not encroach closer to the <br />water. He could not see any difference between what Kiesling proposes to <br />what his neighbor built. <br />C.Erosion Control and Street Cleaning Ordinance <br />Planner Dillerud reported the City has had its share of grading and erosion <br />control problems in recent years. The problem faced by all cities with new <br />developments is that there tends to be many players that create dirty streets <br />and erosion problems during and after construction. In the end it is the City <br />LAKE ELMO CITY COUNCIL MINUTES DUNE 19, 2001 8 <br />