06-19-90 CCM - Laserfiche WebLink

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LAKE ELMO CITY COUNCIL MINUTES JUNE 19, 1990 PAGE 2 At the last Council meeting, the applicant submitted information for Council review and requested consideration be postponed until the June 19th Council meeting. Mayor Dunn reviewed the information submitted and visited the site and thought Mr. Kiesling did a fantastic job on remodelling the house. She noted the old newspaper article and picture which showed the existing Keane house having an attached deck. Dunn pointed out Kiesling has a patio that extends out 14' on the bottom level which was allowed by the DNR. Kiesling stated he would consider a 4' walkway and Dunn felt a narrower walkway would not go out any further than the concrete patio already existing. Councilman Hunt recalled when the house was abandoned it had a deck attached to it. Hunt believed the house could have been raised with the deck still attached which would have preserved the deck and the non-comformity. Hunt referred to Council approval of a similar situation, a deck was to be demolished and a new deck created. In case of an emergency, Mr. Kiesling does not have access to the water so there is a safety factor. Hunt considered the addition of a walkway did not increase the non -conformity that existed prior to Mr. Kiesling owning the house. He also took the opinion that the shoreline has been recontured and was no longer lakebed. Councilman Williams noted he did not see a hardship for granting this variance. The DNR does not recommend approval, and, in the past, the Council has tried to go along with the DNR recommendations. Mr. Kiesling bought the house "as is" knowing work had to be done because the house was unliveable. According to our code when a structure is non -conforming and is damaged more than 50% of its value, Williams pointed out it should not be replaced. By adding the walkway and stairs to the walkway, he is increasing the degree of non-comformity. Councilwoman Armstrong referred to Molly Shoedeen's letter, July 20, 1989, stating the DNR allows only raising the home on fill and clearly states that no deck be allowed. Also the City received a letter, May 10, 1990, John Stine, DNR, stating they have repeatedly stated they would not approve any further waterward encroachment on this site and was opposed to the variance for the walkway. The City's Building Official told Mr. Kiesling not to put sliding glass doors in, he went ahead and put them in, and now he is claiming the three sliding glass doors going nowhere as a hardship. The DNR recommends not granting a variance for a walkway, and we should abide by the DNR's wishes. A variance request requires a majority vote of the Council. The applicant requested postponement for consideration of his request until the next Council meeting. M/S/P Hunt/Dunn - at the request of the applicant, the Council postponed the request by Joseph Kiesling for a variance and shoreland permit until the next City Council meeting. (Motion carried 3-1: Williams: based on reasons stated).