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LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 15, 1988 PAGE 2 Leslie Davis, Earth Protectors, objected to the selection of Attorney Dayton as Dayton represents a part of the waste industry and finds this a conflict of interest. He feels spending money to hire Attorney Dayton is not in the best interests of the residents. Davis asked the City to use the same selection process of attorneys as the City will use for selecting an engineering firm. 5. PLANNING/LAND USE/ZONING: A. Apostlic Bible Church: Rezoning from RR to PF The Planning Commission tabled their decision on rezoning until their November 28th meeting. B. Shoreland Permit: Roger Beaubien and Everett Beaubien (property located on the north end of Kelvin Avenue) City Engineer Larry Bohrer reported that Roger Beaubien is planning to build a home on a 37 acre tract on the west side of Kelvin Avenue. The property is zoned RR. There is sufficient land for a septic system and two drainfi_eld sites. The proposed structures are approximately 300 ft. from the high water mark of Sunfish Lake and well above the high water mark in elevation. No variances are required. Bohrer reported that Everett Beaubien is requesting to build a home on a 5 acre tract on the north end of Kelvin Avenue and the lot is zoned RR. Of the total 5 acres, about 2..5 acres is dry land above the high water mark. Because of the steep topography, access will be gained by a private easement across Roger Beaubien's property to the west. Bohrer found the following variances were required to build on this 5 acre tract. I. Zoning Code variance for lot size of 5 acres where 10 acres is required in the RR Zone. 2. Zoning Code variance for road frontage of 33 feet where 125 feet is required. 3. Sh.oreland Ordinance variance for structure setback from NOHW of 55 ft. where 200 feet is required in a Natural Environment lake. The staff will look into when the subdivision took place because it may have been when the code required 5 acres rather than 10 acres in Rural Residential zoning. This would then clear up the first two variances. A Shoreland ordinance variance is required and a public hearing must be held. The Council decided that even though Roger Beaubien's shoreland permit could be issued for the 37 acre tract because no variances are required, this approval should wait until the staff talks to Roger/Everett Beaubien for more information on when this subdivision was granted.