Laserfiche WebLink
letter stating 15', no decks and 2'waterward. Mr. Kiesling decided to fill 79' <br />out into the lake and the lot next to him, The DNR asked him to remove <br />restoration, and we talked about the deck situation. Mr. Kiesling had put in <br />patio doors on the lakeside of the house. The DNR told him he could have a <br />small walkway for egress. We are opposed to deck on lakeside. <br />Attorney Filla advised that the Kiesling property is in the shoreline area, <br />therefore, if the shoreland regs conflict with zoning regs, the more restrictive <br />regulations apply. Shoreland property is more sensitive than other kinds of <br />variances in the City. Hardship standards for granting a variance under <br />shoreland regs are in the same manner as under 462 in State Statutes. Even <br />if there are 5 or 6 statements in the code, it boils down to three. 1. Does the <br />property owner have reasonable use of property unless the variance is <br />granted? 2. Is the hardship self created? 3. Will the variance change the <br />character of the neighborhood? It is the Council's j ob to decide if they want <br />to grant the variance, and if so, add findings. Since the DNR is opposed to <br />this request, and have indicated so, you have to provide the DNR a summary <br />if you grant the variance. <br />Council member Dunn asked how large is the house now because it looks <br />over 3,000 sq.ft. with an addition of 1,200 sq.ft., creating a 4,200 sq.ft. <br />home. This is not a hovel. This lot has.been made artificially bigger <br />because of the fill brought in. <br />Mr. Kiesling stated that the Council is singling him out. He pointed other <br />neighbors who have similar square footage in the area. <br />Council member Armstrong responded to Mr. Deziel's comment that the <br />City does not act in an arbitrary and capricious manner. Armstrong advised <br />she was on the Council when this area had serious flooding problems. With <br />all due respect to the Planning Commission, it does not have the history of <br />what the City had done to help the residents. The Shoreland district is very <br />sensitive and has to be protected. <br />Molly Shodeen stated that when a permit was issued to raise the structure <br />there was to be no further encroachment lakeward of the structure. Mr. <br />Kiesling has filled out into the lake and established more yard than there <br />would have been. Kiesling removed some of the fill and the DNR allowed <br />him to keep most of the fill as part of a package deal. This property is not <br />LAKE ELMO CITY COUNCIL MINUTES JUNE 5, 2001 8 <br />