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LAKE ELMO CITY COUNCIL MINUTES AUGUST 4, 1987 PAGE 4 (high flood plus 3 feet). Structure Setback from NOHW - Setbacks are measured from the NOHW elevation of 924. The existing house is 38 feet from the NOHW and the proposed deck will be 26 feet from the NOHW. The construction plan show steps leading down from the deck toward the water; therefore, the actual setback will be less than 26 feet. Two variances are required: structure setback of 26 feet where 100 feet is required; and building elevation of 927.3 where 929 is required. Mayor Christ closed the public hearing at 7:55 p.m. Councilman Johnson would be in favor of granting the variances because he felt a deck was not in the same category as an addition with permanent foundation and not much different from a well-built dock put out on the shoreline. The cost of potential damage in case of a flood is not that great. Councilman Graves could support granting the variances because it is a deck and the lower unit is not structurally attached to the house and it would be a floating structure. M/S/P Graves/Johnson - to grant a shoreland permit for a deck to Don Caldwell at 4633 Birchbark Trail and grant a variance to allow a structure setback of 26 feet where 100 feet is required and grant a variance to allow a building elevation of 927.3 where 929 is required based on the hardship being the topography of the land makes construction of the deck anywhere else on the property inappropriate. (Motion carried 4-0). C. Federal Land Company: Request for Comprehensive Plan Amendment and Approval of a General Concept Plan for a Mixed -Use Planned Unit Development at the NW corner of Co. 19B & I-94. Charles Bartholdi, moderator for Federal Land Company, explained the application before them is a continuation of an application which was first heard on November 21, 1980. At that time, it was heard by a joint meeting of the Planning Commission and the City Council. Following this presentation and discussion, the matter was tabled until a firm construction plan for County road 19 could be obtained. Since that time Federal Land Company has worked very diligently with the City of Lake Elmo and the State of Minnesota and Washington County in determining the location alignment and nature of County Road 19. This last year, final condemanation proceedings were held regarding Cty Rd 19 so now they know where the alignment is and the type of road and as a result, are in front of the Council with a continuation of that previous hearing. BarthOld.-i 2ddQ-d-- that in its , proposing a two-phase project. Phase Iconsists of a 120,000 sq.ft. retail shopping center, a gas station and a bank building.. All of these facilities would be constructed with on -site utilities and fully