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LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 6, 1.990 PAGE 4 no net change for septic system sizing. (The septic system was replaced recently). All building setbacks can be met and no variances are required. With this Shoreland application, Larry Bohrer pointed out there was a drawing for driveway access to 30th Street. When Rohrer spoke to Mr. Johnson, Johnson assumed that the driveway request was part of this permit application. Therefore, Bohrer reviewed both requests. See Larry Bohrer's letter, dated January 31, 1990 . Bohrer stated the proposed driveway to 30th street will serve the accessory structure that was recently approved. The concerns for this driveway are proof of ownership and drainage. The Council received a letter from Attorney Alan Tschida representing the Taylors, property owners to the west, regarding court determination of ownership of this 33' easement. Armstrong voiced, her concern, if this permit was approved for an addition, would it further complicate this property at the back. if this problem with the Taylors cannot be resolved„ she didn't see any way you could get to the pole barn. If in the future the Johnson's were to come back to the Council and ask for a variance because this addition has caused a hardship, the hardship would have been created by their own actions. Liz Johnson, applicant, explained there is room on the south side of the house to get building materials into the back of the house. I£ the issue of ownership of the 33' easement doesn't get resolved, Johnson stated she understood the pole shed could not be built. At this time, Johnson asked the Council not to consider the driveway permit request. M/S/P Hunt/Armstrong - to approve the shoreland permit for an addition to the existing structure for Stephen and Elizabeth Johnson, 2945 Lake Elmo Avenue, and that the record reflect the applicant requested the driveway issue not be considered at this time. (Motion carried 4-0). D. "The Forest", Development Stage and Rezoning At the September 26, 1989 Council Meeting, approval of the Development Stage Plan was postponed because Lots 7, 8 and 9 did not have at least one (1) acre of land suitable for septic system purposes. The soil was suitable, but the drainage easement established by the VBWD at elevation 917 occupied the western portion of the lots. The developer has proposed to fill out into the drainage easements to achieve the one -acre of high ground. This method was acceptable to VBWD as long as the filling does not r4i.se the flood level by more than 0.1 foot. Larry Bohrer pointed out in his letter, dated February 1st, the revised preliminary plat shows a revision in the road alignment at the west end of the platwhich was not requested by the City. The developer changed the relatively straight road to one that has two sharp reverse curves just before the cul-de-sac in order to save some significant trees. The sharp back-to-back curves would only allow a safe speed of 15-20 mph. In his opinion, this would create a