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LAKE ELMO CITY COUNCIL MINUTES MAY 1, 1990 should not be allowed. Williams added he did not idea for the Council to be taking any action on a properly postponed by the PZ. The PZ has 60 days Hearing to submit a report. PAGE 5 think it was a good matter that has been after a Public C. PUBLIC HEARING: Stephen & Elizabeth Johnson Variance,to Sideyard Setback Mayor Dunn opened up the public hearing at 8:03 p.m. in the City Council chambers. The Public Hearing notice was published in the St. Croix Valley Press on April 11, 1990 and abutting property owners were notified. Stephen Johnson, 2945 Lake Elmo Avenue, explained he was granted at an October, 1989 Council meeting a Shoreland Permit to add on to the existing structure. A survey was requested, but was not done until a week after the October Council meeting. After having the property surveyed, it was determined the addition cannot meet the 10' setback, and he has applied for a 1 1/2' to 2' variance to the sideway setback. Johnson indicated his hardship was that the addition cannot be built without granting this variance due to the layout of the house and lot. He would still have access from the front of the house to the back of his property once the addition has been added. The DNR has no concern with this request. Jim McNamara, Building Official, explained the reason this was missed because one corner of the house sits on an angle to the lot. Once the survey was taken, which was after the shoreland permit was granted, it was determined they were 2' short. Dave Swanson, 2929 Lake Elmo Avenue, stated he had no problem with this variance. The houes are parallel, but not parallel to the lot line. If Mr. Johnson builds the addition as planned., the house is not going to be any closer to his house. Mayor Dunn closed the public hearing at 8:07 p.m. Councilman Hunt felt the City has shown in the past a history of granting small variances, especially in older areas with existing housing layout from the road and lake which has been considered a hardship. Currently, there is no access to the back part of the property. Mayor Dunn had no problem with granting a 2' variance to the sideyard setback. Councilwoman Armstrong voiced her concern about the 10' on the side, which is the access to lot behind his house, would be cut off by the addition to the back property. Johnson responded that it is his intention to settle the easement issue before he would start construction. If he moves 8" the other way, he would start infringing up the restriction of the septic system.