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LAKE ELMO CITY COUNCIL MINUTES APRIL 2, 1991 PAGE 8 our code, a front lot line is defined "In the case of a corner lot, it shall be the shortest dimension of a public street". The staff erred when it issued the original building permit for this house by not recognizing this and providing wrong setback information to the builder. The Administrator explained that we essentially allowed, by issuing this permit, a structure that does not conform to our rear -yard setback requirement of 40 feet. Even if the house would have been closer to Jasper than it was placed, a non-conformancy still exists. M/S/P Hunt/Dick Johnson - to reconsider the variance request of Philip Zimmer, 4850 Jasper Avenue, which was denied by the Council at the April 3rd meeting. (Motion carried 5-0). M/S/P Dick Johnson/Hunt - to rescind the April 3rd motion to deny the variance from the side yard setback request by Philip Zimmer, 4850 Jasper Avenue, because a request for a variance was inappropriate in that a variance was not required. (Motion carried 5-0). M/S/P Hunt/Dick Johnson - to grant a variance to Philip Zimmer, 4850 Jasper Avenue N. for a rear yard setback on the existing structure based on the fact that staff created the non-comformity through an error of issuing a building permit, a variance should have been granted, therefore, the hardship was not self-created. (Motion carried_5-0). I. Request by Robert Ziertman Robert Ziertman requested correction of an error in a legal description from a two 10-acre subdivision that were granted in 1990. This error gives one of the property owners 4.135 acres more than they should have. In order for this to be recorded, staff will have to draft a resolution for Council adoption. M/S/P Hunt/Williams - to direct staff to prepare a resolution for the reconveyance of land as legally described in the quit Claim Deed provided with the understanding that no lot less than 10 acres wil:L be created. (Motion carried 5-0). 7. CITY ENGINEER'S REPORT: 8. CITY ATTORNEY'S REPORT: A. Continuation of request from APAC B. Update on legal matters City Attorney, Jerry Filla, reported: -- Derrick Land has decided that they will proceed with the testing procedures to see if these lots can be built upon. -- The Jamie Olson lawsuit was heard. The attorney suggested going over why we are in litigation to begin with and some of the ramifications of procedures that were or were not followed.