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LAKE ELMQ MY Q.QUMCIL MINUTES AP�JL 21,,1987 PAPF 4 sideyard setback variance is required. 4. That the applicant cites tree removal as the hardship if he had to conform to the ordinance. Also, his property value has dropped because he has lost many trees to high water. 5. That the proposed building is approximately 130' from the NOHW elevation of 924. Since this exceeds the 100' required by the Code, no variance is required. 6. That the minimum building elevation on Lake Jane will be 3' above the 100 year flood mark. On Lake Jane this will be 926 + 3 = 929. The proposed building will be about one foot above the minimum at 930. 7. That the proposed building is not in any alternate drainfield area. 8. That Christopher Perez, neighbor, stated their objection because they could not see how they would benefit as the applicant stated if the variance was approved. The public hearing was closed at 7:58 p.m. Councilman Johnson stated unless a hardship is shown we should enforce our ordinance. If this is allowed in some cases then we would have to do this for everyone which would start a precedent. M/S/P Johnson/Graves - to deny a variance to the 10'; sideyard setback on the James Jungmann property at 9404 Lake Jane Trail because of - sufficient land hardship was not demonstrated. (Motion carried 5-0). M/S/P Armstrong/Graves - to grant a shoreland permit to allow construction of a 24' x 40' accessory structure to James Jungmann at 9404 Lake Jane Trail; contingent on the applicant meets the 10' sideyard setback and a survey being done. (Motion carried 5-0). C. PUBLIC HEARING CONTINUATION from 4-7-87: Variance .requests and site/building plan for addition to Lake Elmo Elementary School, 11030 Stillwater Blvd. This item was continued from a public hearing on 4-7-87. The City Council was not able to take action at that time, due to a lack of proper notice to adjacent property owners. For that reason, the public hearng was continued until his meeting. There was no one at the meeting to speak for or against the application. Tom Tapper, NE Metropolitan Intermediae School District 916, stated tat the hardship was the existing building and land was not availale to purcase. The additon does not increase the non-conforminity. The City Attorney was requested to prepare a responseto the Brookman-Raleigh letter regarding storm water drainage from the school site to the Brookman Addition holding pond and their request for