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LAKE ELMO CITY COUNCIL MEETING, MARCH 17, 1981 -8- FITZENBERGER VARIANCE - 5429 Highlands Trail N.: Mr. Fitzenberger is requesting a 6' variance from the 10' side yard lot.;,line requirement. Presently, his home is 4' from the side lot line. The Council must determine if there is a hardship or if there is a healt4 safety, or welefare problem. Administrator Whittaker said Mr. Fitzenberger has two alternatives: 1. move the house, which is not an economical alternative or 2. purchase property from the adjacent property owner. He stated the setback is required so that an emergency vehicle can drive through a 10'wide area. The 10' on each lot provides a cushion area. Mayor Eder asked the impact of the variance on the drainage and utility easement along the side lot. He noted the house is on this easement according to the survey. Ernest Cutting, attorney, said that the restrictions on this property indicate that there will be easement shown on the recorded plat; but the plat does not show any easements on the lot line in question. The Fitzenberger's Certificate of Survey in- cludes drainage and utility easements. The Council reviewed the final plat and verified that these easements are not shown. Bruce Folz concurred,.and said the drainage and utility easements should not be included on the Fitzenberger certificate. Mr. Cutting explained that Mr. Fitzenberger was shown the wrong stakes when he purchased the lot; but that the house does not encroach onto the next lot. After the house was complete it was discovered that it.=was 6' too close to the side lot line. Mr. Bob Sneen, owner of adjacdnt.lot la, said this problem could have been avoided if Fitzenberger had surveyed his lot before building his house; and stated the location of the Fitzenberger house adversely affects his property. Potential buyers of his lot will close,provided they can receive some financial compensation for the loss of value on the property. Mr. Sneen stated he had tried to negotiate with Mr. Fitzenberger until he 'gFitzenberger) decided to apply for a variance. Mr. Sneen requested that the Council deny the variance until he has resolved the problem with Mr. Fitzenberger. He is willing to sell 8800 sq. ft. to Mr. Fitzenberger. He is sure this will leave adequate area on his lot for a septic and well. Mottaz said a similar problem exists across the street; and the City 's position is- to have the adjacent property owners resolve the problem between themselves. He recommended the Council take the same positon in this case. Mr. Fitzenberger said that when he bought the lot, his realtor called the developer's salesman and asked that he identify the corner stakes. The salesman identified 3 of the four corners, and sa d..the:.back corner was in line with the front stake. Because of the angle of the lots, Mr. Fitzenberger measured to the wrong back stake. fie also said lie needed to keep the house to the east side of the lot because of a driveway on the west side of his house.