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LAKE ELMO CITY COUNCIL MINUTES MAY 5, 1987 PAGE 5 5. The site is currently zoned Rural Residential. 6. The proposed rezoning would constitute "spot zoning", which is not a recommended or desirable planning practice. 7. The proposed use is inconsistent with the neighborhood. 8. The applicant has not exhausted other possible uses for that property. Councilman Graves commented that he agrees with the applicant that the property is not properly zoned Rural Residential or a proper use of the property. On the other hand, he did not think thaL Industrial Zoning is appropriate for it either, which would leave General Business, Highway Business or some sort of commercial use that would fit the location and nature of the roadways. This particular application and request for Industrial zoning is appropriate. Councilwoman Armstrong stated that Attoney Richards has gone into alot of detail about reasonable use. Armstrong beieves that Rural Residential is a reasonable use for that land. B. PUBLIC HEARING: Variance to Setback from Ordinary High Water Mark; Shoreland Permit, Norman Lyall, 4515 Birchbark Trail N. Mayor Christ opened up the public hearing at 8:08 in the City Council chambers. Public notice was duly published and sent. Norman Lyall, 4515 Birchark Trail N., wishes to replace an existing 8' x 12' shed on his property with a 14' x 22' storage building. The old shed will be discarded. A variance to setback from OHWM and a shoreland permit is requested. City ordinance requires that a building permit be issued to allow the building to be moved into the City. Due to access problems, Mr. Lyall moved the building across the ice on Lake Jane this Winter and onto the property so trees would not have to be removed. Mr. Lyall was advised by the City that to bring the building in was at his own risk, but that the City Council would have to consider approving the request. The building is sitting on a common lot now where he has permission to keep it. There is 61 feet from the building site to the water. The DNR had no objections. The Planning Commission indicated on 4-13-87 that the relocation should be allowed, as the building is compatible with other development in the area. Susan Callas, 4539 Birchbark Trail, felt it was a terribly large structure and had concerns of where the shed would be located because when she looks out her window she sees the storage shed. City Engineer Bohrer stated in variances like this where they vary the horizontal distance, they like to have the vertical separation from the high flood mark. The high flood mark on Lake Jane is going to be