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LAKE ELMO CITY COUNCIL MINUTES JULY 17, 1990 PAGE 7 <br />the house. I have been told the Keanes have received full valuation <br />of that house from their insurance company on the assumption that <br />the house was totalled. Therefore, I'll make the following motion: <br />M/No Second/ Armstrong/No Second - to deny the request by Joseph <br />Kiesling for a walkway based on the following Findings: <br />1. There is NO hardship. <br />2. A deck is allowed on the south side of the home. <br />3. The (3) sliding glass doors which Mr. Kiesling claims are his <br />hardship were placed after he was made aware by the City that <br />neither deck nor walkway would be automatically allowed. <br />4. Mr. Kiesling chose to arrange the rooms inside the home as <br />they exist with the bedrooms on the south side in spite of <br />comments by the City Inspector about the deck and walkway not <br />being allowed on the lake side. <br />5. The footings for the house are in the lakebed. <br />6. According to a letter from the Valley Branch Watershed Dist. <br />dated April 4, 1990, even after your house was raised up and <br />out of the water, it is still only 12.5 feet from the <br />100 year flood elevation. <br />7. In letters dated July 20, 1989 and May 10, 1990, the Dept. <br />of Natural Resources states they have consistently opposed <br />any further encroachment on the lake side of this house and <br />oppose the deck and/or walkway being built there. <br />8. In a letter dated July 15, 1988, the DNR stated their <br />feelings that your proposal of a 4-foot walkway across the <br />front of the house was not allowed in the permit obtained <br />by the Keanes to raise the house and they further state <br />that this walkway would not meet the City of Lake Elmo's <br />Shoreland ordinances. <br />9. The concrete patio under the proposed walkway was not <br />approved by the City. <br />10. Mr. Kiesling's modifications have been planned and made <br />with the full knowledge that his property was too close <br />to and, in fact, in the lake and that the City would most <br />likely not approve of his actions encroaching further <br />toward the lake. The City Council strongly advised <br />Mr. Kiesling in the past that no further variances would <br />be granted for his house, because of the number of <br />concessions already allowed. <br />1.1. This denial is not taking away from Mr. Kiesling any <br />rights that have been enjoyed by other residents in <br />similar situations. Other decks on lakes have been allowed <br />to be demolished and rebuilt no closer to the shoreline <br />