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LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 17, 1987 PAGE 2 5. PLANNING, LAND USE AND ZONING A. PUBLIC HEARING: Request for Variance to R1 sideyard setback requirement. Applicant: Robert Tompkins, 3291 Lampert Ave. N. Mayor Christ opened up the public hearing at 7:30 p.m. in the City Council chambers. Mr. Robert Tompkins would like to build an addition onto the south side of his garage at 3291 Lampert Avenue North. The footings hau been installed prior to Mr. Tompkin's realizing that a permit was necessary. Mr. Tompkins is requesting a variance allowing the addition to be within 1.88 feet of the side property line where a 10-foot sideyard setback is required. The applicant submitted a survey of the property to show the setbacks. A letter was submitted by Leonard and Sharon Johnson, neighbors on the southside, stating that the use and enjoyment of their property would not be affected by the garage expansion. Therefore, they would offer this letter to support the variance request. Mr. Tompkins' friend and contractor, Tim Reed, stated they cannot expand the garage to the rear (east) because of the new septic system. The only way he can go is south. There is access on the south side for pumping the system. They will also be keeping the garage the way it is with no overhang. Mayor Christ closed the public hearing at 7:45 p.m. The City Council could not determine if there was a hardship because of the alleged existence of a previously existing carport that was in approximately the same location as the proposed garage addition. The question raised was the concern of the distance from the sidewall of the existing garage to the newly surveyed property line. City Administrator Overby pointed out that Mr. Tompkin's action to remove an existing carport -style roof overhang and an existing ab,halt parking area eliminated a non -conforming situation. Also, if the garage wall is 10 feet or farther from the sideyard property line, then the current situation would conform to City ordinances. The requested variance would change a conforming situation to a non -conforming situation. M/S/P Moe/Graves - to instruct the staff to determine the distance from the property line to the previously existing blacktop, to the previously existing carport and to the existing garage as it exists today. (Motion carried 5-0). B. Continuation of request for variance to lot size, lot width, and setback from Normal High Water Mark: Applicant.q- Joseph and Donna Hinrichs, 8126 Hill Trail N. This request was discussed in a public hearing on 11-2-87. The City Council tabled action until this meeting so that city staff could