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LAKE ELMO CITY COUNCIL MINUTES MAY 15, 1990 PAGE 6 filling, the home is no longer within the flood plain or lower than the OHW. (See Chandler letter dated 4/4/90). (2) A letter was submitted from DNR stating they could not approve any further waterward encroachment at this site and would be opposed to a variance or the walkway. They realize that there are decks constructed on other non -conforming houses, but none of these houses have footings in the lakebed. This structure is at a zero setback from the OWHW elevation, and prior to filling, was in the lakebed. (See DNR letter dated 5/10/90). (3) A letter from Mrs. Carl Paul, neighbor to Mr. Kiesling, indicating her approval for construction of a deck. Larry Bohrer reported the elevations and measurements the DNR quoted are accurate. When the original owner had the house it was below the OHWM, and there was water in the lower level for years. When the house was raised, the footings were put below the original lakebed elevation. The lakeside of yard is not natural --it was created by fill. Therefore, whatever setback there is, exists by virtue of fill being placed. The setback was created. The Keane house was in the Flood Plain. Councilman Hunt asked for clarification of the DNR's original position on the permits to allow this house to be reinhabited and what numbers the DNR were working from. Bohrer felt the DNR was saying the fill was placed by a variance to the regulations, and now, because the variance was granted, that is being used as .justification for another variance. Councilwoman Armstrong pointed out in the August 1, 1989 Council Minutes the staff recommended neither these proposed, nor any future variances be allowed on this property based on its close proximity to the lake. The applicant was informed by the DNR, by a letter to David Keane and subsequently transferred to Mr. Kiesling, clearly stating that no deck would be allowed. Acting Mayor Williams closed the public hearing at 9:17 p.m. The Council asked the City Administrator to request clarification from the DNR as to the reason for their position. Was it based on Mr. Kiesling being here for a variance now because he had a variance granted previously? Is the DNR aware of what the VBWD claims to be the current elevation and current setback? If they were not aware of this, would these figures change their mind. M/S/P Hunt/Graves - to postpone consideration until the June 5, 1990 City Council meeting in order to receive clarification from the DNR. (Motion carried 4-0). E. Shoreland Permit: David Brown, 7990 50th Street N. David Brown has applied for a shoreland permit tq c n truct a 26' x 20' garage on their property at 7990 50th St. Jim c amara, Building