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LAKE ELMO CITY COUNCIL MINUTES AUGUST 16, 1988 PAGE 3 asking for permission to raise the existing house and attached garage above the 100 year flood level. The Keane's were granted permission to fill 35 feet out into the lake bed. The Keane's have since sold the home to Mr. Kiesling who has asked for a variance to construct a detached garage. The permits to continue the work that was originally granted to the Keane's have been transferred to Mr. Kiesling, but both the DNR and the VBWD have stated that the transfer is only for what was originally applied for and granted to the Keane's. The house is now at "0" setback and the addition of the garage would not meet the criteria for setbacks from the OHWM or 100 year flood elevation. Also, it appears that the proposed garage would not meet the 20 foot setback from the newly installed "201" mound septic system. Based on this, the VBWD and DNR have recommended denial of this request. A letter was received from Margaret Paul, 9367 Jane Rd. N., stating that approval of this variance would be satisfactory with her. Mayor Christ closed the public hearing at 7:45 p.m. Councilwoman Armstrong stated that the purpose of the Shoreland Ordinance is to regulate construction on shorelands to minimize property damage during periods of high water. The staff will check if the minimum building elevations have changed since the 509 Plan was implemented. M/S/P Armstrong/Moe - to deny the variance/shoreland permit request of Joseph Keisling, 9359 Jane Road N., for setback requirments from the Ordinary high water mark for conversion of an attached garage to living space and construction of an accessory garage based on the following Findings of Fact: (Motion carried 4-0). 1. The applicant's representative has stated there was no hardship. 2. The conversion of the present garage to living space would alter the present building beyond normal maintenance. This is not allowed in this case. The existing structure is now at "0" setback and according to City Code #301.050B., does not fall in the exception range of allowed alterations. 3. The proposed garage would add an additional non -conforming structure to the lot. 4. It appears the garage would not meet the 20 foot setback from the newly installed 11201" mound septic system. 5. The Department of Natural Resources has recommended denial and both DNR and the Valley Branch Watershed District have made it clear that the permit transferred from the Keanes to Kiesling is for the improvements granted in 1987 only. Those improvements allow for a reasonable use of the property. 6. The City Staff has recommended that neither these proposed nor any future variances be allowed on this property based on its close proximity to the lake.