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05-01-90 CCM
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05-01-90 CCM
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LAKE ELMO CITY COUNCIL MINUTES MAY 1, 1990 PAGE 6 <br />Councilman Williams referred to the certificate of survey which states <br />( 8' for a sideyard setback. Our code is specific in that there must be <br />a hardship for granting a variance, and he did not see a hardship <br />demonstrated here. Mr. Johnson could decrease the size of the <br />addition or change the design to avoid the variance. <br />Councilman Graves had no problem with granting this variance. The <br />Council has granted variances such as this in the past. The neighbor <br />has no problem with the variance, and there was no one else to speak <br />against it. The addition would upgrade the neighborhood, improve the <br />overall economic appearance and esthetics to the property and still <br />allow access to the back lot. <br />M/S/P Graves/Hunt - to grant approval of the 2' variance request to <br />Stephen and Elizabeth Johnson, 2945 Lake Elmo Avenue, to the sideyard <br />setback based on the hardship being stated there are no other physical <br />options and on the orientation of the houses on their lots due to <br />circumstances surrounding the road placement and placement of the lake <br />and the septic system. Mr. Johnson acknowledge he was made aware that <br />approval of this request may be detrimental to himself in cutting off <br />access to the back lot. (Motion carried 3-2: Williams: I definitely <br />disagree with the stated hardship; Armstrong: I agree there is no <br />hardship stated and want to wait for the outcome of the 30th Street <br />Easement.) <br />D. PUBLIC HEARING: Feasibility Report and Order Project <br />for Improvement of Legion Avenue <br />Mayor Dunn opened up the Public Hearing at 8:18 p.m. in the City <br />Council chambers. The Public Hearing notice was published in the St. <br />Croix Valley Press on April 18 and April 25, 1990. All benefitting <br />property owners were notified. <br />City Engineer, Larry Bohrer, reported on the proposed improvement and <br />on the proposed preliminary assessment rate and assessment role. (See <br />L. Bohrer's Feasibility Report). <br />Proposed Improvement: <br />It is planned to overlay the street with a 1 1/2" thick bituminous <br />overlay to strengthen the entire surface and seal off the cracks. A 1 <br />1/2" overlay was chosen instead of a 2" overlay because Legion Avenue <br />has very little rutting compared to other streets and no leveling is <br />required. Gravel will be added to the shoulders and all driveways <br />will be matched. <br />Proposed Assessments <br />It is proposed that the entire cost of the project be assessed to <br />benefitting property. Benefitting property is every parcel which <br />abuts the street or gains primary access from the street. Corner lots <br />which were recently assessed for street imrpovements on one side will <br />receive a one-half assessment on Legion Ave. Lots that have double <br />frontage, but are not corner lots, will be reviewed individually to <br />see if the property benefits from the second frontage. In this <br />particular case, Lots 3 and 4, Packard Park 2nd Addition, have <br />secondary frontage on Legion Avenue. But since the building part of <br />
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