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LAKE ELMO CITY COUNCIL MINUTES AUGUST 20, 1991 PAGE 3 <br />Mr. Kedrowski has applied for a Shoreland Permit with a variance in <br />order to construct a single family residence. The variance request is <br />for approval of a setback of 83 feet from the ordinary high water mark <br />where as a 100 feet is required (17' variance). The property location <br />is Lot 1, Oace Acres and Lot 24 & 25 2nd Addition Oace Acres. <br />Mayor Johnson stated to Mr. Kedrowski that he has not demonstrated a <br />true hardship, and asked if Mr. Kedrowski had any comments with regards <br />to that. <br />Mr. Kedrowski stated he was lead to believe, by the city building <br />official, that the setback from the high water mark was 75 feet. Mr. <br />Kedrowski stated he has incurred some considerable cost in moving <br />forward in getting a contract signed, in doing survey work, layout work <br />and the city should take that into consideration before turning this <br />down. <br />Mayor Johnson asked Mr. Kedrowski if there was an insurmountable problem <br />that would make the 100' setback difficult or impossible, other than <br />taking out a couple trees? <br />Mr. Kedrowski stated it is possible to meet the setback, but at the same <br />time in proceeding and incurring costs, he was lead to believe the <br />setback was 75 feet initially. Mr. Kedrowski stated in fact the sight <br />100' back from the water mark would not be the one he would choose, and <br />had he been told there is a 100' setback he would not have proceeded at <br />all with this lot. <br />Mayor Johnson Closed the public hearing at 7:50 p.m. <br />Councilman Mottaz asked Jim McNamara, City Building Official, if he had <br />told Mr. Kedrowski that the set back was 75 feet. Mr. McNamara stated <br />the set back for the septic system is 75 feet, but that the setback from <br />the ordinary high water mark for a home is 100 feet. <br />M/S/P Mottaz/Hunt - to deny the request for a 17 foot variance of 83 <br />feet from the Ordinary High Water Mark instead of the required 100 feet <br />for Leonard Kedrowski, 8162 Hidden Bay Tr. due to the applicant has not <br />demonstrated a true hardship as stated in Section 301.060 C.b. (p.301- <br />18) of the city code. (Motion carried 4-0). <br />Mr. Kedrowski asked the council what is the procedure for getting <br />reimbursed for some of the cost he incurred. <br />City Attorney, Jerry Filla stated according to city code Mr. Kedrowski <br />is not entitled to be reimbursed because applicants have an obligation <br />to be aware of the laws that apply to their request. Also, city's <br />cannot be bound by comments of staff members. The city would have to <br />find some liability on its part to authorize a disbursement. <br />