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LAKE ELMO CITY COUNCIL MINUTES AP RIL 2, 1991 PAGE 2 update, the landfill video was Played, and Chris Naylor presented them a press kit. Pat Forciea will update the Council on his activities at the April 16th Council meeting. 6. PLANNING/LAND USE & ZONING: A. PUBLIC HEARING: Gregory Lohmer, 8199 Hill Trail N. Variance to side yard setback and variance to OHWM Mayor Johnson opened up the public hearing at 7:16 in the City Council chambers. The Public Hearing notice was published in the St. Croix Valley Press on March 20, 1991 and adjoining property owners were notified. Gregory Lohmer, 8199 Hill Trail N., is requesting a variance from the sideyard setback requirements to construct a deck on the north side of his house. The deck would come to within 6" of the north property line. He is also requesting a shoreland permit with variance to reconstruct a deck and add a lattice shade structure at the OHWM along with extensive landscaping on the lake side. Darrel Paulsrud, 8195 Hill Trail No. noted he did not dive nermission to build up to the property line, but would be in agreement if Lohmer_ kept the deck within code of 10 feet from the property line. Mayor Johnson closed the public hearing at 7:20 p.m. The Council received a letter from molly Shodeen, DNR, dated March 28, 1991, indicating it is their recommendation that if the deck is to be rebuilt that it be removed from the bed of the lake and constructed out of the flood plain. Once our shoreland ordinance is revised, the city will determine whether they wish to allow these type of structures or if they wish to be more restrictive. The Council received a letter from Karen Chandler, Barr Engineering, dated March 25, 1991, indicating their concern that the proposed landscaping may result in the placement of fill within the floodplain of Olson Lake. On Olson Lake, you are limited to placing no more than 1.7 cubic yards of fill per foot of shoreline in the floodplain. It appears that Mr. Lohmer has 144 feet of shoreline; therefore, he would be allowed to place 245 cubic yards of fill. The floodplain of Olson Lake currently extends up to Elevation 931.5 feet, but the DNR is considering changing that elevation. The Council agreed that the existing deck should be allowed to be rebuilt, but did not believe it should be rebuilt in the flood plain. Mr. Lohmer was willing to postpone consideration of the lake deck variance request until such time he decides to come back to the City for action. Therefore, he would not have to pay another fee, the application is still active, the DNR will have come to a decision on the flood elevation. The following motion was made: