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LAKE ELMO CITY COUNCIL MINUTES J'ULY 17, 1990 PAGE 6 Mayor Dunn; Do you understand why the DNR has a concern on the encroachment of the walkway on the Lake? Kiesling: Part of it I don't understand. There was an existing deck on the original house and the way the permits were issued to me, I was able to reconstruct the house without further encroachments. The proposed walkway and stairway would not go any further than what it was originally. I was permitted to reconstruct the house as it was. I am not changing the point of going any closer to the lake than it was before. The DNR has approved the deck to the southside of the house, and a walkway needed to have access to the lake out of the house from the second floor. Mayor Dunn: Do you perceive any other requests for variances on this dwelling? Kiesling: No, I cannot see any variance requests. This is the first variance request I have applied for other than when I requested moving the garage to the other site. Mayor Diann: At the last meeting you stated you could live with a 4' walkway instead of a 6' walkway. Kiesling: My original request was for a 6' walkway. When I was asked at the last meeting what minimum size of walkway I could live with, I stated I could go to a 4' walkway. I would chose not to because of my footings. With a 6' walkway, I wouldn't have to bore through my concrete that is already existing because it doesn't patch well. I could get in my footings and still stay above the ordinary high water mark and not come out to the farthest point than the original deck. Mayor Dunn: Mr. Kiesling has a concrete patio under the proposed walkway which was allowed by the DNR. The proposed 4' walkway would not go out any further towards the lake than the existing concrete patio. The original Keane house had a deck attached. The proposed, walkway would not increase the non -conformity that existed prior to Mr. Kiesling owning the home. I look at a walkway as an exit for safety reasons and have no problem with it as long as all. the permits have gone through the DNR and City office. Councilman Hunt: (Referred to the letter from the DNR, dated July 15, 1988, which states in Permit 88-086, to place fill and raise existing structure above the 100 year flood elevation.) At that time no demolition work had occurred on the house. It was as the Keanes had left it. I cannot see where it dictates that the existing deck was different from the structure. The DNR has allowed Mr. Kiesling to have the concrete patio. The DNR has stated that no deck would be allowed., but I cannot see in any of the documentation from them or in the permit where it pulls apart the existing deck from the structure of the first constructor. We have approved variances to the OHWM when the encroachment was no greater. We did allow Mr. Kiesling to bring in fill and reconture the shoreline. The hardship is the potential of safety and feels it is appropriate to have two exits on the main level in terms of water and fare safety. Councilwoman Armstrong: The new garage and lateral expansions, the walkway and deck, to the existing structure were not part of the review made by the City when the Keanes obtained the variance to raise