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LAKE ELMO CITY COUNCIL MINUTES JUNE 6, 1.989 PAGE 2 j 7. PLANNING/LAND USE/ZONING: A. PUBLIC HEARING: (1) Variance --Lot Size Requirement in Shorel.and Ord. John Prokosch, 10907 32nd St. N. Mayor Dunn opened up the Public Hearing at 9:18 p.m. in the City Council chambers. Notice of the public hearing was duly published and sent. There was no one to speak for or against the proposal. John Prokosch, 1.0907 32nd St. N., has applied for a lot side variance and a variance for frontage on a public road. The applicant proposes to demolish their existing home and construct a new larger home. This house is served by a collector septic system call Old Village Remote C. The Code requires that whenever a non -conforming home is destroyed by more than 50%, the new structure shall meet the provision of the code. The DNR had no concern with this request. City Engineer, Larry Bohrer, presented his review, dated June 5, 1989. Bohrer stated the application, as proposed, would require variances for lot size, structure setback from the water, and minimum building elevation. Lot size usually relates to the land area needed for sewage treatment, but.this lot has City water and an off -site sewage treatment system. The septic system is sized properly to accommodate the 4-bedroom house proposed. The setback from the water is not reduced from what it or the neighbors is today. Mr. Prokosch stated he would be filling an area 50 x 50 x 3 ft., 200 feet from the lake. He would be willing to add fill and raise the house elevation to 892. (The Shoreland Ordinance requires a minimum floor elevation of 892. ) The house would be moved 10 feet toward to accomodate the deck, so the edge of the would be in the same location as the house is now from the lake. Prokosch talked to his two neighbors and they had no problem with the proposed project. Mayor Dunn closed the public hearing at 9:30 p.m. Larry Bohrer stated he had a concern that the finished landscaping would not shed water on the adjacent propertyowner and the drainfield be marked out in the yard so that no construction traffic drives over it. This can be inspected by the Building Official. Councilman Graves stated. his concern, if this existing house is being "destroyed" more than 50%, then the new home should meet the provision of the rode. M/S/P Williams/Graves - to grant a lot size variance and setback from the Ordinary High Water Mark and a shoreland permit and fill permit to John Prokosch, 1.0907 32nd St. N., based on the hardship being the existing configuration of the lot, the new dwelling proposal does not increase the non -conformity of the existing structure and the bottom floor elevation of the home will have an elevation of 892. The Building Official will. approve the marking of the drain.field so construction taffic will not drive over it and the finished landscaping will not shed water on the adjacent propertyowner.. (Motion carried 5-0).