06-05-01 CCM - Laserfiche WebLink

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Council member DeLapp asked Mr. Deziel if he was representing the Planning Commission or speaking as a Tri-Lakes propertyowner. DeLapp pointed out that State law requires there have to be unique conditions to grant a variance. Planner Dillerud pointed out there was no mistake on the part of the staff to recommend approval of one case and denial of the other. The argument went to issues such as scale of resulting residential unit in terms of average in neighborhood, which was discussed by the Planning Commission. The Planning Commission said approval of the variance was based on the fact the variance request meets the variance standards of the code. We believe there were two distinctly different issues here even though the properties, in terms of the lot, may be comparable. He suggested the City needed to define "reasonable", and staff recommended that the "line" be drawn with the Kiesling scale of lot development. He did receive a FAX from Molly Shodeen, DNR, voicing DNR's opposition to the variance request. Mayor Hunt stated it is the Planner's job to take the shoreland ordinance, interpret it, and make his opinion. If the Council wants to interpret the ordinance differently, they can. If the Council wants him to just lay the facts out, Planner Dillerud said he would be happy to do it. Mr. Deziel responded the Planning Commission determined what is normal and reasonable. We could either have livable modern homes or shacks down by the lake. The Commission was advised it could go forward without findings. In the future, he suggested that the planner not take either side in his staff report. Mayor Hunt stated this could be brought up at the Planning Commission for their input. Molly Shodeen, DNR waters, stated DNR's opposition to issuing this variance. She stated that some of the comments presented are not correct. The DNR did not raise the water level of Lake Jane, mother nature did. There were many homes built in the 50's on lake bed. These houses flooded in the 70's when the water level rose. The DNR established OHW elevations in the mid 70's for Lake Jane. This,home is in the flood plain. In 1988 DNR issued a permit to the previous homeowner, to raise the structure. We gave him 15' around the house and allowed him to encroach beyond the OHW level by 2'. Also when the structure was raised he could not put on any decks. That permit was not completed by this propertyowner. The permit was transferred to Mr. Kiesling when he purchased the home with a LAKE ELMO CITY COUNCIL MINUTES JUNE 5, 2001 7