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tDEPARTMENT 2STATE OFy�Ni Z � LrZ O May 10, 1990 F Ms. Mary Kueffner City of Lake Elmo 3800 Laverne Ave. N. Lake Elmo, MN 55042 Dear Ms. Kueffner: RE: KIESLING VARIANCE REQUEST, LAKE JANE (82-104) Metro Region Waters has reviewed the information submitted.by Joseph Kiesling for a variance to construct a walkway on the lakes.ide of the house. We have repeatedly stated that we could not approve any further.waterward encroachment at this site. We are, therefore, opposed to a variance for the walkway. We would not object to the granting of a variance for a deck addition parallel to the existing structure's setback from Lake Jane; in other words, a deck to the south of the house that is no closer to the lake. If the City grants a variance for the lateral deck, Mr. lesling could construct a walkway on the street side of the structure and replace the sliding doors with windows. We realize that there are decks constructed on other non -conforming houses, but none of those houses have footings in the lakebed. This structure is at a zero setback rom e igli- water elevation (OHW) and prior to filling was in the lakebed; further encroachment should not be permitted. Before we were able to comment on the revegetation plan, the plants had already been ordered and delivered. The plan is basically satisfactory; however, we may have some concerns over some of the ornamentals, such as the aronia and white snowberry. We are willing to observe the plantings once in place, but we may require removal of the ornamentals as part of DNR permit #88-6068 (issued to Mr. Kiesling). Our July 14, 1989 letter and Attachment A specifically stated that the plan should be approved by the Regional Hydrologist. The current plan does not include the planting of any emergent aquatic vegetation. This may later be required to fulfill the terms of the restoration as explained in Attachment A. AN EQUAL OPPORTUNITY EMPLOYER