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LAKE ELMO CITY COUNCIL MINUTES AUGUST 1, 1989 PAGE 2 Mr. Kiesling presented a variety of pictures showing various decks attached to neighborhood homes with measured setbacks for each from the water and pictures of his home before and after his remodelling project. Kiesling stated the sliding glass doors that were installed on the back of the house without an attached deck was his hardship because someone may fall out of one of these doors and absence of a deck causes the home to be lowered in value and would make the house harder to sell. Kiesling added he already has a cement patio slab on the back of the house so why couldn't he add the deck above. For Council information, two letters from the DNR relating to permit violations and their comments on Kiesling's proposal were provided. In the DNR's letter of July 20, 1989, Molly Shodeen stated in the permit (#88-6068) and cover letter to David Keane, and subsequently transferred to Mr. Kiesling, they allowed only raising the home on fill. The DNR clearly stated that no deck would be allowed. While it is true that there are many substandard decks on Lake Jane, there are no other decks extending over or onto the actual lakebed for which variances have been granted. Mayor Dunn closed the public hearing at 7:22 p.m. M/S/P Hunt/Moe - to deny a variance request to the setback from the OHWM and shoreland permit, (the foundation of the house is at 0.1 foot setback where 100 feet is required) by Joe Kiesling, 9359 Jane Road, based on the following Findings of Fact: (]`lotion carried 3-0) 1. That the applicant has not demonstrated a hardship. 2. That the applicant has reasonable use of the property without the deck. 3. That there are possible alternative locations for the deck which would not increase the substandard setback of the house. 4. That the applicant was informed the deck was not allowed by the DNR in the Molly Shodeen's letter dated July 20, 1989, stating in the permit (#88-6068) and cover letter issued to David Keane and subsequently transferred to Mr. Kiesling, we allowed only raising the home on fill and clearly stated that no deck would be allowed. While it is true that there are many substandard decks on Lake Jane, there are no other decks extending over or Amende onto the actual lakebed for which variances have been granted. 8,15 9 That the August 16, 1988 City Council minutes state the City Staff recommended that neither these proposed nor any future variances be allowed on this property based on irs close proximity to the lake. Mr. Kiesling advised the Council that docks decks are being put up now without permits in his area. He would now be building, one inch from his house, a floating deck. The Council asked Mr. Kiesling to check with the Building Offical and the DNR before he starts any work.