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LAKE ELMO CITY COUNCIL MINUTES AUGUST 20, 1991 PAGE 4 l C. PUBLIC HEARING: SHORELAND PERMIT & VARIANCE GARY KIMLINGER, 9461 JANE ROAD N. Mayor Johnson opened the public hearing at 8:10 p.m. in the city council chambers. The public hearing notice was published in the St. Croix Valley Press on August 7, 1991, and adjoining property owners were notified. A written report was submitted by the city planner with his recommendations. Also, a written report was submitted by Molly Shodeen of the DNR. Mr. Kimlinger has applied for a shoreland permit with a variance in order to construct a three -season porch above his existing garage. A covered structure was in this same location until it was destroyed by a storm in late May and did considerable damage to the roof and chimney of the house. Mr. Kimlinger stated there was a cover above the garage, but it was destroyed in a storm in May. Mr. Kimlinger stated he is proposing a three -season porch as per City Ordinance 301.050 b.8, allowing for restoration of a non -conforming building or structure. Mr. Kimlinger stated the proposed replacement structure will be the same size as the previous cover, but will be more stable than the previous cover as they are trying to avoid a repeat of the damage they incurred, also, this structure will better match the existing building. Carol Schneider, 9409 Jane Road N., stated this structure will increase the value of the home, will allow Kimlingers to use their patio, Kimlingers are good neighbors and she is in favor of this proposed structure. Mayor Johnson closed the public hearing at 8:20 p.m. Councilman Johnson stated Mr. Kimlinger assured him that he was going to do more planting to screen the lake and to screen his accessory building. M/S/P Dick Johnson/Mottaz - to approve a shoreland permit for Gary Kimlinger, 9461 Jane Road, and the council finds there is not an expanded use to the existing legal non -conforming use, therefore a variance is not required. (Motion carried 4-0). D. SITE & PLAN REVIEW: KUNZ OIL The Kunz Oil Company is requesting through Dahl & Associates a building and site plan review for a temporary structure (approximately 5 years) to be located on their property at the corner of Highway 5 and County Road 15. This is a required contamination cleanup project through MPCA for cleanup of contaminants due to leaky fuel tanks while being operated as a gas station. City Planner Mike Black and City Engineer Tom Prew have submitted their review of this proposal. Roger Axel of Dahl & Assoc. stated the structure will be 10' x 24' of concrete block and will be removed after the contaminants are removed from the soil (according to MPCA acceptance levels), and the site will be restored to its original state.