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LAKE ELMO CITY COUNCIL MINUTES JANUARY 17, 1989 PAGE 8 C. Shoreland Permit & Variance Tom Scheuerman, 3077 Klondike Avenue N. The Tom and Jean Scheuerman residence at 3077 Klondike Avenue was destroyed by fire. Section 301.050B.5., requires that whenever a structure is damaged beyond 50% of its replacement cost, the reconstruction shall conform to the Zoning Ordinance. Because this lot is a Lakeshore lot, the Shoreland regulations apply. The Scheuermans own Lots 6 and 7, Ruth's First Addition. The combined lot area above the Ordinary High Water Mark is 2.2 acres which exceeds the minimum requirement of 1-1/2 acres of a Recreational. Development Lake. According to VBWD record, the lake elevation was 884.8. Using this elevation and contour map furnished when Ruth's First Addition was platted, it appeared to the City Engineer that the structure setback was 50-55' from the OHW (elevation 886), where 100' is required. It also appeared the drainfield setback from the High Flood mark (elevation 891) is 25' where 75' is required. A site plan for the reconstruction had been submitted for the City Engineer's review. Comments are found in his letter, dated January 17, 1.989, to the City Council. The site plan submitted shows the lake elevation on November 10, 1.988 incorrectly at 890.3. Variances are required for: 1.) structure setback from the OHW of 55' where 100' is required; and 2) drainfield setback from the High Flood Mark. of 25' where 75' is required. The applicants builder, Jim Hagstrom, stated the hardship was the topography of the lots. Bohrer reported that a high ridge runs in a north -south direction through this subdivision and creates the only buildable area on the lots. The house and drainfields are proposed to be located on this ridge. Mayor Dunn and Councilman Hunt had visited the site and found this is the only location for the house. The Council decided there was sufficient room for an alternate drainfield site, the new house would not increase the non -conformity, and a public hearing was set for receiving input from the neighbors on the requested variances. The following motion was made so as to not to hold up the Scheuermans from having a place to live. M/S/P Graves/Williams - Based on the hardship being the topography of the lots (this is the only buildable site on the lot), the Council approved the application for a building permit for Tom and Jean Scheuerman to build a house at 3077 Klondike Avenue; contingent upon a public hearing being held on February 7th for the shoreland permit and variances. (Motion carried 5-0). 8. Discussion with Property Owners within MUSA Section 32/33 property owners were sent a letter from the City inviting them to attend the meeting to work out reasonable alternatives for development of their property.