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LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 5, 1989 PAGE 4 The Council indicated the site the applicant proposed to put the house was the most desirable and practical place for a house as the lot is heavily wooded and a minimal amount of trees would have to be disturbed. It was also noted that if the applicant was required to met the setback, fill would have to be placed on the site which would disturb and take away from the natural, esthetically pleasing topography of the lot. A favorable recommendation was received by City Engineer Larry Bohrer with the recommendation of granting a shoreland permit with a 40 foot variance from the Shoreland requirements. The DNR had no problem with this application. M/S/P Graves/Moe - to adopt Resoluiton 89-38 granting a simple lot subdivision to John Hanner at 8151 Hill Trail N., based on the favorable recommendation of the Planning Commission, the City Engineer and based on the applicant paying a park dedication fee of $450 for 'the newly created lot. (Motion carried 5-0). M/S/P Graves/Moe - to grant a 40 foot variance to the shoreland regulation (100 foot setback from the Ordinary High Water Mark), based on the recommendation of the Planning Commission, City Engineer and based on the hardship being this is the only buildable site on the px e y tp/ 641d �}�e topography b tdi/q/�gf��li of the land and the wooded lakeshore. (Motion carried 5-0). M/S/P Williams/Hunt - to reconsider the above motion. (Motion carried 5-0). M/S/P Williams/Graves - to amend the motion to include granting a shoreland permit with a 40 foot variance to the shoreland regulation (100 foot setback from the Ordinary High water Mark), based on the recommendation of the Planning Commission, City Engineer and based on the hardship being this is the only buildable site on the property due to the topography of the land and the wooded lakeshore. (Motion carried 5-0). C. Simple Lot Subdivision, 2798 Jamley Avenue N. Jim Palecek, Resolution 89-39 James and Vivian Palecek have submitted a preliminary plan and Certificate of Survey for a two lot subdivision which would create one additional lot adjacent to the Palecek homestead on Jamley Avenue. At their August 28th meeting, the Planning Commission voted, unanimously, to recommend Council approval of the simple lot subdivision conditioned on a favorable recommendation from the City Engineer and contingent upon applicant paying a park dedication fee of $450 for the newly ceated lot. City Engineer Larry Bohrer reported that all of the information submitted has been completed and the proposed subdivision meetgall of the size requirements, setbacks, frontage, and easement dedication requirement and no variances are required. Bohrer recommended the following point be made part of the approval in his letter dated September 1, 1989: There is a low point in Jamley Avenue located about 200 feet south of the northeast