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LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6, 1988 PAGE 3 Bohrer reported that since that time, the staff has done additional research and found the subdivision creating the 5 acre lot with only 33 feet of road frontage was granted by the City. The only variance that remains is the Shoreland Ordinance variance for structure setback from the NOIIW. City Engineer Bohrer pointed out a discrepancy in the measurement of the proposed setback. A survey prepared by Delmar Schwanz shows the proposed house location and shoreline on October 17, 1988..The survey did not show the elevation of the shoreline. VBWD reports list the water elevation of Sunfish lake on October 1, 1988 to be 896.22. The DNR's NOHW is 896.4; therefore, the shoreline shown on the survey is for all practical purposes the NOHW. From the drawing provided, Bohrer scaled 82 feet from the southeast corner of the house to the shoreline. Roger Beaubien said that he field measured the distance closer to 7.50 feet. Bohrer explained Sunfish Lake is classified as a "Natural Environment Lake" with a setback requirement of 200 feet from the ordinary high water mark as opposed to the 100 foot setback required on a lake with a classification of. "Recreational Development" such as Lake Jane, DeMontreville and Olson. Roger Beaubien stated his hardship was the topography of the land. The site chosen for the homesite is the highest site and it is the only practical site for the home (64' x 34'). The septic system would go down the slope and the City Engineer stated there was sufficient room, if done correctly, to meet all the setbacks. There is 2 1./2 acres of dry land and Washington County soils survey indicate the land should be suitable for septic system purposes. Armstrong closed the public hearing at 7:50 p.m. Councilwoman Armstrong visited the site and found the topography to be a hardship and stated it was a buildable lot. The house is protected from the lake being tucked back into the corner, no potential pollution problem to the lake from the septic system based on the topography, soils are adequate for a septic system, and it is a legal lot of record (April 20, 1982 City Council minutes approving the subdivision). Todd Williams stated this property was; ideally suited for an earth shelter house which could be put into the side of the hill and meet all the setback requirements. Mr. Beaubien responded they looked into this, but they would lose the view and it would move the house down 15 feet and would not gain any distance. Bohrer presented a map, showing a small colored portion that would only meet the 200' setback; therefore a variance is needed irregardless of reasonable house placement. M/S/P Graves/Johnson - to approve a shoreland ordinance variance for the 5.2 acre parcel from the 200' NOHW of Sunfish Lake for a placement ( of a home by Everett E. Beaubien based on the hardship of the topography of the land. (Motion carried 4-0).