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LAKE ELMO CITY COUNCIL MINUTES APRIL 5, 1988 PAGE 6 I M/S/P Graves/Moe - to direct the City Staff to prepare a draft of the Reporting Card System Ordinance and call a public hearing for the 1st meeting in May to consider this ordinance. (Motion carried 5-0). 6. LAND USE, ZONING & ENGINEERING A. Shoreland Permit for construction of boat house at 2945 Lake Elmo Avenue. Applicant: Robert Leaf Mr. Leaf has purchased the former Richard Durand property which consists of shoreline on Lake Elmo, Tract A of RLS 67, and the land locked property to the east called Parcel 0130. The house is located on Tract A. Mr. Leaf proposes to construct a boathouse on the vacant land west of Lake Elmo Avenue on the east shore of Lake Elmo. Shoreland Regulations apply. City Engineer Bohrer stated in his letter dated March 31, 1988 to the Council that it is not clear from the Shoreland Ordinance if a variance is required. The Ordinance seems to permit boathouses because it contains a definition for boathouses, and exempts boathouses from the minimum building elevation requirement. What is not clear is that the Ordinance specifically excludes piers and docks from the shoreline setbacks but no mention is made if boathouses are exempt from the setback. One might assume that since boathouses are allowed and are exempt from elevation requirements, that exempting them from the setback was an oversight. If he cannot have a boathouse at the water's edge, Mr. Leaf was willing to call it a portable building and not have it at the shoreline. Councilmember Graves felt it was the intent of the ordinance to allow boathouses at the water's edge and exempt them from setback requirements. Since this was the intent, then no variances are required and the permit should be granted. M/S/P Graves/Moe - to grant Robert Leaf, 2945 Lake Elmo Avenue, a shoreland permit to construct a boathouse on the vacant land west of Lake Elmo Avenue on the east shore of Lake Elmo and to direct the Planning Commission to correct the oversight of the Shoreland Ordinance excluding boathouses from the shoreline setbacks. (Motion carried 4-1<Armstrong: Sfie-would-Iike-fo-hear-from-ifie-peopid'PoAfid ghe-TakeSr.A tempgrary building shou�d be considered; in addition to earing from peop e around the lake. B. Preliminary Plat Approval for Downs Lake Estates On March 14, 1988 the Planning Commission recommended to the City Council that they approve the Downs Lake Estates Preliminary Plat, and that exemption from ponding requirements not be granted (Section 401.240B.3) and with notification to the Council Code Section 305.040D that the soils indicate they are a minimal soil with high runoff. (Motion carried 7-2<Bucheck, Johnston>).