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LAKE ELM CITY COUNCIL MINUTES JANUARY 17, 1989 PACE 5 anything from this property owner. The Lake Elmo Municipal Code does not provide the circumstances to be a justifiable reason to grant a variance. This is the third time she has come in with an application and there is no measurable changes in her application. Armstrong recommended to the Council that this should be the last time she can come in with this application. Ms. Olson felt the taking of her land by Mn/DOT had nothing to do with this application, that the City of Lake Elmo was the only agency that could grant her the requested variances. Pictures were provided by Ms. Olson showing two signs erected by the Vali Hi Drive -In Theater which is located by her property. Olson added that large panels have been blown out of the projection screen from the wind and has become an eyesore because it has not been maintained, consequently, devaluing her property. Mayor Dunn closed the public hearing at 9:1.0 p.m. Councilman Hunt stated, contrary to what Ms. Olson has indicated, a conversation with staff. and Adeel Lari, Right-of-way Engineer for Mn/DOT, a final settlement was made in 1984. Mr. Lari stated that Mn/DOT does take into consideration local zoning ordinances when determining compensation and the propertyowner had the opportunity to ask for a "total take" that is, she could have argued that the 1 acre parcel remaining was non -conforming to local ordinances, and therefore, of no use to her. This may have increased the $34,715 compensation given for the 0.31 acres. Administrator Morrison informed the Council that Mr. O'Neal, owner of the Vali.-Hi Drive In, had called to voice his objection to Ms. Olson's application when it was before the Planning Commission. At that meeting, Ms. Olson brought up the two signs that have been erected by Vali-Hi Drive In. Building Official Jim McNamara has talked to Mr. O'Neal. who advised him he has a site for a sign which was being drawn up and the sign will be constructed within the next 3 months, if the weather allows. The two existing signs will be replaced by one permanent sign. The Council decided if this sign was not erected within three months and the existing signs removed, the Vali Hi -Drive In CUP will be modified. The Council carefully reviewed Ms. Olson's application, and based upon their examination of the arugment and evidence presented, as well as knowledge of the nature and size of the parcel in question, they made the following: FINDINGS OF FACT: 1. That the public hearing notice was duly published and sent to all. adjacent propertyowners. 2. That the parcel in question is owned by Jamie, Wendy, and Todd Olson. 3. That a letter was written to the applicant, dated May 17, 1985, advising her this parcel of land does not