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LAKE ELMO CITY COUNCIL MINUTES OCTOBER 7, 1986 PAGE 6 sold, a separate driveway should be constructed to Lot 2 to eliminate the need for a private road. 6. In the past, the VBWD has exempted single lot subdivisions from ponding requirements. Bohrer explained that the piece of property that has the original house on it has a separate legal description (metes and bounds) and is like an island with no road frontage and is contained inside the boundaries of the 11 acre parcel that is owned jointly. Bohrer added that what Mr. Sovereign wants to do with this little island is to redraw the property lines so it has lake and road frontage. If this is done, then a piece of the 11 acres is severed which would become Lot 1. Mr. Sovereign stated that if you believe that a husband and wife are two separate entitities, this will be the burden of the hardship because there is no place to go because his wife will not give him anymore land, and it is nbnt-ing-ent to the sizes of the surrounding area lots. He added that 125 feet on the lake is one of the biggest lots on Olson Lake. (Amended 10-21-86 consistent) In his legal opinion, Attorney Steve Carlson felt Mr. Sovereign does not have a hardship. Bart Mueller, 8080 Hidden Bay Trail, commented that the variance ordinance was passed for specific reasons and unless it is an emergency it should be held to. He personally has no feelings against the variance for the lot size, as he does on the lakeshore frontage variance. Mueller feels the time has come to change approving such variances in view of all the problems the City has with water. Bohrer felt it would make things.clearer if the map showed the property lines for the existing lot, property that is in Mr. Sovereign's wife name only, as it is today. Mayor Morgan closed the public hearing at 8:18 p.m. In regard to a variance needed from the "One Percent Rule" for surface water runoff ponding areas, Bohrer advised the Council that the City has waived the ponding requirements for simple lot subdivisions. Morgan and Mazzara stated they would like to see the lines redrawn for clarity. Councilwoman Armstrong felt the fact Mr. Sovereign was looking for two variances, both lakeshore and lot size with 11 acres to work with tells the Council that there was not a hardship. Councilman Dunn interpreted it as 11 acres owned by one individual and the property lines can be redefined. M/No Second/F Morgan/No Second - to grant Ken Sovereign the simple lot subdivision and grant the variance for the lakeshore frontage, contingent on the lot lines being rearranged so that they meet the 1.5 acres of both lots. Councilman Dunn would prefer a motion and vote at the time a new proposal comes in. Mr. Sovereign stated he did not want to go through the expense and come in with redrawn property lines unless the Council takes the position that the lakeshore lot size is acceptable.