08-20-91 CCM - Laserfiche WebLink

Home Browse Search

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