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LAKE ELMO CITY COUNCIL MINUTES APRIL 7, 1987 PAGE 5 C. That there already exists a 440 sq.ft. garage on the property. Thus, there is a theoretical balance of 560 sq.ft. of building space and the proposed building would fall within this maximum size limit. d. That the ordinance only allows one accessory structure, and the detached residential garage is that one allowed structure. e. That a variance would have to be granted on the number of accessory structures allowed in order to allow a second building to be constructed. f. That the location of the proposed building appears to meet the required side yard and rear yard setbacks. g. That there are letters from neighbors at 8720 42nd St. N and 8810 42nd St. N. indicating no objection to the proposed building. h. That a hardship was not given to justify granting a a variance on the number of accessory structures allowed in the R-1 zoning district. Acting Mayor Armstrong closed the public hearing at 8:12 p.m. Councilman Johnson had looked at the property and found it fairly open for the garage to come off on the northside with an attached building. Councilwoman Armstrong stated that granting the variance request would confer on the applicant a special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. The City would be treating the Pierres special if they were allowed to do this. M/S/P Graves/Johnson - to deny the request by Richard J. Pierre, 8780 42nd Street N. for a variance to the number of accessory structures in the R1 zoning district based on the Findings of Fact. (Motion carried 4-0) . 9. Public Hearing: Request for variance to setback requirements from the OHWM, Shoreland Permit to construct an addition; Jerry Tewinkle, 4709 Olson Lake Trail. Acting Mayor Armstrong opened up the public hearing at 8:14 p.m. in the City Council chambers. Tony Barret of Irmiter Construction explained that Jerry Tewinkle proposes to construct an addition onto the existing house at 4709 Olson Lake Trail. This property is on the west shore of Olson Lake and Shoreland regulations apply.