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LAKE ELMO CITY COUNCIL MINUTES APRIL 5, 1988 PAGE 3 type of roof elevation. He has built homes 38 feet high in Washington County and the trend has been to steeper roof lines. This home would have a set back of 130 feet which is the same as the adjacent two homes. Mastro felt the hardship was they have been going through the planning for months, it's only two stories, and this house is impossible to construct without any other roof structure. Mayor Christ felt this ordinance was put in so we would not have abusive height requirements and suspected that 35 feet was somewhat arbitrary. There is a trend to steeper pitch roofs so our code could be outdated and should be looked at. Councilwoman Armstrong felt this size house did not belong in the neighborhood and a 40 foot structure height is not in our code so a hardship needs to be shown to grant a variance. The Acting City Administrator thought the 35 foot limit on height was put on because of Fire Department concerns. Mary would check on this further. Councilmen Graves and Johnson requested a position from the Fire Chief in regard to the safety and health issue. Mayor Christ closed the public hearing at 7:40 p.m. M/S/P Graves/Moe - to table this request until the April 19th City Council meeting for direction from the Fire Chief to determine if there is a safety hazard with a 40 foot structure height. (Motion carried 5-0). B. Variance for lot size and setback from Ordinary High Water Mark and Shoreland Permit at Lot 6, Krause's Addition (8955 Jane Road N.) Applicant: Jeffrey Wieden Mayor Christ opened up the public hearing at 7:43 p.m. in the City Council chambers. Jeffrey Wieden is requesting a variance to the one and one/half acre lot size required within the Shoreland District and a variance to the required 100 foot setback from the Ordinary High Water Mark at Lot 6, Krause Addition (8955 Jane Road N.) Adjacent propertyowners were notified and there was no one to speak for or against the request. City Engineer Bohrer reported in his letter dated March 31, 1988 that this property has been issued a Shoreland Permit in 1984 for David Krause. Mr. Wieden has proposed to change the house size and location, therefore, the old permit is no longer valid. Lot Size The platted area consists of 0.92 acres of which 0.78 acres is above the OHW mark, 1.5 acres are required. Since the platted lot size exceeds 60% of that required, a variance from the Zoning Code is not