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LAKE ELMO CITY COUNCIL MINUTES APRIL 7, 1987 PAGE 6 FINDINGS OF FACT: a. That the proposed addition is 85 feet from the NOHW of Olson Lake where 100 feet is required. The addition will encroach no closer than the existing house to the water and would not increase the existing non -conformity. The existing patio is 10 feet closer to the water at 75 feet. b. That a variance for shoreland setback is .required and the DNR has no objection to this variance. All other setbacks can be met. C. That the new addition will contain a new bedroom, but an exisitng bedroom in the basement will be abandoned. Since there is no net increase in the number of bedrooms, an evluation of the septic system is not required. d. That a new drainfield was installed in 1985. That the survey showed that the distribution box was installed on the County Road right-of-way, but this existing condition need not be corrected for this application. e. The proposed addition is 9 feet above the minimum building elevation of 934. f. That public notice was duly sent and published. g. That neighbor Robert Coles, 4719 Olson Lake Trail, had no objection with the construction of the addition. h. That the Hardship being the existing location of the house. (The addition is attached to the existing structure which is 85 feet from the NOHW of Olson Lake. Acting Mayor Armstrong closed the public hearing at 8:25 p.m. Councilwoman Armstrong had no problem with the request as long as the addition will encroach no closer than the existing house to the water. The hardship being the whole house is there and you are not going to move the house back 15' to accomodate the 100 feet setback. Councilman Johnson had no problem with the setback, but had a concern on adding a bedroom for the design of the septic system. He wanted it clarified that Mr. Tewinkle's intention was to use the house with the addition for the four members of his family and not intending to add a separate apartment. Mr. Tewinkle responded that there would only be four people which would not add more sewage to the system. M/S/P Johnson/Graves - to grant the variance to setback requirements from the Ordinary High Water Marl, (OHWM) and Shoreland Permit to construct an addition to Jerry Tewinkle, 4709 Olson Lake Trail. (Motion carried 4-0). 10A. Public Hearing: Request for variance from 1986 Rural Residential cluster development standards, Lake Elmo Heights Phase II; Don Bishop.