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CITY COUNCIL MEETING, JUNE 1, 1982 -2- 5, FISH PUBLIC HEARING - Continued - M/S/P Mottaz/Fraser to approve the followinq variances for James Fish, to permit the construction of a new home on Lot 9, Blk. 2, Eden Park: 1, A 65' variance -from 2001 structure setback from the Normal Ordinary High Water Mark (889) - 2, A variance from the minimum drainfield elevation of 897 to 895 3, A variance from the 20" drainfield setback from the garage to within 10 feet of the garage. All variances being subject to the conditions outlined by the"City Engineer in this letter of review dated May 26, 1982, In granting said variances the following hardships:were determined: 1. The lot was platted prior.to.the adoption of. the Shoreland Reaulation, 2, The lot was platted before the reclassifiction of the flood elevation on Downs Lake.to-897 from 892, Downs Lake overflows at 891, 3. Thpare,i.s inadequate -land area to"place the drainfield' further than 10 feet away from the -garage. Past policy ' permitted drainfields to be placed within 10 ft., of an uninhabited building. The drainfield will -be 20 feet from the house. 4. The building site is the only location the drainfield and house can be located on the lot. Motion carried 4-0 --Mottaz - the present Ordinance permits individuals to create ` restrictions to adjacent lots by the location of drainfields within 10 feet of a lot line. This should be taken into consideration by the Building Inspector when reviewing construction plans. Whittaker will mention this to the Building Inspector, S.A. 50TH STREET SURVEY - BRUCE FOLZ - Folz reported that the high water level on Olson Lake permits public access to that lake provided the lake level is within 80 ft, of the north side of 50th Street. Once the water falls beyond this 80 ft, the property is again private and not accessible to the public. He will provide the City with the court case.; documenting this action. Engineer Bohrer - if the Council permits and encourages fishing from the City right-af-way consideration should be given to making the boulevard safe. Whittaker will notify residents adjacent to the City property that the surveyor will be out staking the City right-of-way, 6. POLICE REQUEST FOR RADIO - Lake Elmo Deputy, Dave Heuer, explained the request to have the City purchase a radio for the exclusive use of the Lake Elmo officers. This would insure that Lake Elmo's officers would have a well operating piece of equipment at all times. The radio would also have the City's fire frequency on it,; The estimated cost would be $1,118. This could be paid out of the $3,000 over- payment credit the City is receiving on its 1981 police contract. The Lions Club has offered to contribute $150 towards the purchase. --Mottaz - does not oppose the purchase; but feels the County should be more responsible in maintaining and keeping their equipment up to date,