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LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 5, 1986 PAGE 2 5. Public Hearing : Variance to the 100 foot Setback from the Normal High Water Mark, David Schwartz, 10961 32nd Avenue N. Acting Mayor Arlyn Christ opened up the public hearing at 7:30 p.m. in the City Council chambers. Mr. David Schwartz proposes to convert an existing cottage on the north shore of Lake Elmo to a year-round home. The cottage presently has no septic system. Mr. Schwartz would like to add on to the rear of the cottage to include a bathroom and to hook up to City water and construct a septic system. The cottage is considered an existing nonconforming use because of the small lot size and less than the required lakefront setback, and is allowed to continue in its present state. Findings of Fact: 1. That this is a platted lot of record of 0.37 acres above the NOHW. This lot is similar to the other lots in the area. Shoreland regulations require 1.5 acres. 2. The cottage is 70 feet from the NOHW where 100 feet is required. 3. The cottage is more than 3 feet above the High Flood Mark. 4. The septic system can meet the setback from the NOHW Mark and it can meet the sideyard setback. Bohrer reported that two of the soil borings were missing so it was difficult to complete the review before the Council packet went out. The applicant has provided the last two soil borings and it appears a conventional in -the -ground type drainfield can be constructed in the rear of the lot, away from the lake. There would be one variance required which would be a variance from the structure setback from the water. In a shoreland district, on a recreational lake, the required setback is 100 feet. The cottage is 70 feet from the NOHW mark and the addition is on the street side of the property so this does not increase the nonconformity, but a variance is still necessary. Mr. Schwartz had talked to his neighbors, Carol Kelm and Evelyn Kramer, and they had no problems with the application. Arlyn Christ closed the public hearing at 7:35 p.m. City Attorney Knaak voiced no problem with the application and felt hardship was established as there is not other land available. M/S/P Mazzara/Dunn - to grant a shoreland variance to David Schwartz at 10961 32nd St. N. to add his proposed addition contingent on City Engineer's recommendations on the septic system. (Motioncarried 4-0).