07-17-90 CCM - Laserfiche WebLink

Home Browse Search

LAKE ELMO CITY COUNCIL MINUTES JULY 17, 1990 PAGE 8 considering they do not increase their non -conformity to the setbacks from the lake. None of these homes were as close to the lake as this one. 12. The people around Lake Jane has suffered a great deal from the high waters. This was before Mr. Kiesling lived here. It isn't fair to these people if this applicant is given special treatment of this property which is probably at the lowest point on the shoreline of any of the homes. The other property owners have had to abide by the Shoreland Ordinance and the directions given by the Dept. of Natural Resources and this property should too. M/S/P Hunt/Dunn - to approve the variance request and shoreland permit to Joseph Kiesling, 9359 Jane Road N., granting a 4' walkway to the front of his house based on the hardship of safety as it would be appropriate to have two exits on the main level in terms of water and fire safety. (Motion carried 2-1: Armstrong: For reasons stated above. Mr. Kiesling has created what is being considered as hardships.). 11. CITY ATTORNEY'S REPORT: A. Letter from Prosecuting Attorney, Car]. Blondin The Council received a letter from Carl A. Blondin, the City's prosecuting attorney, asking for direction from the City regarding appeals. Admin. Kuef£ner reported she has checked the file and could not find where the City has ever had a definite policy on appeals. Mr. Blondin indicated the Council may wish to establish some kind of strict guidelines which would involve the prosecutor getting a written order from the Mayor or City Admin. before initiating an appeal. Attorney Knaak agreed that such a policy was an excellent idea. The Council thanked Mr. Blondin for bringing this matter to their attention. M/S/P Hunt/Armstrong - to direct staff to draw up draft policy for appeals from ciminal prosecutor cases and present policy to Council for review. (Motion carried 3-0). B. Litigation Report The City Attorney handed out the pending Litigation Report for Council review. Section 32 Annexation Proceedings #1: The City has until July 30 to file an appeal of Judge Maas' Order opposing decision of the Board. Attorney Knaak recommended that the City appeal this decision to the Court of Appeals. M/S/P Armstrong/Hunt - to file an appeal of Judge Maas' Order opposing decision of. the Board on Section 32 Annexation Proceedings #1 (File No. 1608-10). (Motion carried 3-0).