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LAKE ELMO CITY COUNCIL MEETING December 6, 1983 Page 2 conditions the DNR might put in the permit. The DNR's typical concern, on retaining walls such as this, is to insure that the wall is maintained and remains in good repair. M/S/P Morgan/Dunn - To approve the Shoreland Permit and Variance for Kenneth Evanoff for construction of a timber retaining wall with earth backfill within the shoreland area of Lake Jane. (Carried 5-0) Council discussed the possibility of similar requests from other property owners experiencing the same water problems. Bohrer stated that there is at least one other property owner that might benefit from a similar type variance, and that it is a good alternative to bringing in pumps when the water level exceeds elevation 922 feet. C. Public Hearing for a Simple Lot Subdivision and Variances for William Stouvenel at lot 1, block 1 of Brockman Addition. Pursuant to published notice, this Public Hearing was opened at 7:35 in the City Council Chambers. City Engineer, Larry Bohrer, stated that he had no doubts that with any reasonable size building and parking lot, the proposal could meet drainage requirements, septic system requirements, etc. The only issue is lot size. City Administrator, Pat Klaers, outlined the requirements for granting variances, as written under Section 301..050 of the City Code. Discussion on the standards that were set for general business and commercial building lots. Eder questioned whether or, not the 1-1/2 acre requirement was an arbitrary figure. He felt that requests such as this should be looked at individually. Fraser stated from a procedural point of view, there is no hardship and she could not see the justification for a variance. She felt a change or modification of the zoning requirements would be a more appropriate route, so whatever standard is set applies to all landowners rather than making an exception to the regulation. Morgan concurred with Fraser in that he could not see the hardship, and if there is something wrong with the zoning laws for business, the City should address that problem. Dunn stated if the City started dividing these lots into 3/4 acres, they are setting a precedent for small lots, and is concerned about potential septic system problems. Klaers informed the Council that the procedure to amend or modify the zoning ordinance would include calling a public hearing, publishing notice, and if it is changed, informing the Met. Council. If the Met. Council found that change had metropolitan significance, they would require a ninety day review process. Bohrer stated that there could be some other ramifications if the lot size for all parcels of a certain zoning classification were downsized. It may affect things like drainage, ability to pond water, etc. In this case, where the improvements were basically designed and Installed before development, it is a little easier to control and be able to tell what the impact would be.