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Lake Jane. He thought the $9,000 land value was a reflection of whether it was buildable or not. He said there is no attempt to try to give back to the lake. Lake Elmo has a shoreland ordinance to protect the lakes, but there are other council members that make no value of City ordinances. Council member Dunn asked why, previously, was this considered an unbuildable lot? Attorney Filla recommended adding condition #9. That the Covenant is recorded before issuance of any building or development permit or sale of property by Mogren. M/S/ Dunn/Siedow — to adopt Resolution No. 2002-106, as amended by adding Condition #9, Approving variances to allow an OHW setback of 56 feet and a front (street) setback of 25 feet per plans staff dated as modified by the conditions of approval, based on Findings of compliance with Section 300 variance standards, and the recommendation of the Planning Commission. Council member DeLapp stated he is being vilified for opening up the code book. He was hoping to engage in a discussion to possibly make the house thinner. Council member Armstrong asked what is the hardship. M/S Hunt/Siedow—to call the question M/S/P Dunn/Siedow — to adopt Resolution No. 2002-106, as amended by adding Condition #9, Approving variances to allow an OHW setback of 56 feet and a front (street) setback of 25 feet per plans staff dated as modified by the conditions of approval, based on Findings of compliance with Section 300 variance standards, and the recommendation of the Planning Commission. (Motion passed 3-2: Armstrong: there is no hardship; DeLapp). C. Resolution 2002-107 Garage Location, 8573 Hidden Bay Trail Ivan Skoog The City Planner reported Ivan Skoog, 8573 Hidden Bay Trail, applied for a building permit to construct a 24 x 24 detached garage structure at a location the parcel that would place the new structure approximately 20 feet closer to Hidden Bay Trail that the existing home and attached (tuck under) garage. Section 300.13, Subd. 31 of the City Code prohibit detached garages nearer the front lot line than the principal structure in this zoning district (R-1) without City Council approval by Resolution. Mr. Skoog indicated it would be difficult to place the detached garage to rear of house would be difficult due to the pie shape of the lot and grades to the south. By placing the detached garage west of the house and setback to the house front building line would present grade or side yard setback problems. The neighborhood is heavily wooded and the aesthetic impact of the applicant's proposed garage not differ markedly whether it is located as proposed or in line with the existing house. LAKE ELMO CITY COUNCIL MINUTES OCTOBER 1, 2002 9