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LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 2, 1986 PAGE 3 Variance to a Side Yard Setback in an R-1 District Acting Mayor Christ opened up the public hearing in the City Council chambers at 8:00 p.m. Orin Score, 8811 Lake Jane Trail, has requested a variance to a Side Yard Setback in an R-1 District. The application for a variance was received by the City after Mr. Score had started construction of a concrete deck and a shade structure which both abut the property line of the adjoining lot to the east. Background information is given in his handout of 9-2-86. In this handout are stated his reasons he feels would be a hardship to come back to the 5' limit. (See Appendix A) Mr. Dennis H. Obermueller, 87771 Lake Jane Trail and neighbor to Score on the westside, agrees with the support of the above request for a variance contingent on the following conditions be met. An agreement between neighbors was signed. (See Appendix B). Acting Mayor Christ closed the public hearing at 8:10 p.m. City Attorney Knaak stated that there are factual peculiarites involving the existence of the swimming pool and lot configuration which would suggest to him that under these circumstances granting a variance might be met. M/S/P Armstrong/Dunn - to approve granting a variance to a side yard setback in an R-1 District for Orin Score at 8811 Lake Jane Trail based on the hardship of the damage to the usefulness and beauty of the area and the absence of a shade area could contribute to a potential safety hazard; and contingent upon it meeting Mr. Dennis Obermueller's conditions stated in his variance agreement between the neighbors. (Motion carried 4-0). 7. Requests for Variance to the Development Moratorium A. Joe Rogers - Rezoning from RR to Industrial Attorney Don Raleigh was representing Joe Rogers. He presented Mr. Rogers' request for a variance to the Development Moratorium. This request was referred to the Planning Commission for their consideration as to what impact the proposed variance would have on the new Comprehensive Plan. Their motion recommended that Mr. Rogers' variance request be denied, due to their opinion that the proposed rezoning would have an adverse impact on the proposed new Comprehensive Plan. In spite of this motion, the appliciant is requesting a public hearing for rezoning from RR to Industrial. The reasons for the request is Mr. Rogers has a buyer and the contract provides a condition requiring a rezoning or else they will not buy it. Mr. Raleigh added that the proposed use is a reasonable and appropriate use for that land. Brockman Trucking would like to store semi -trailer trucks on approximately 2 to 5 acres of the 17 acre tract of land. Because of the limited use, it should not