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LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 3, 1991 3 Since there was a misunderstanding between Mr. Peterson and the City that a variance would be granted and he would be permitted to build this garage, Councilman Johnson made the following motion: M/S/F Dick Johnson/Dave Johnson - based on extenuating circumstances the City would repay the $400 fee submitted by James Peterson for this variance application. (Motion failed 2-2: Williams: it was noted in the discussion that the $250 escrow fee would be refunded to Mr. Peterson, the payment of an application fee does not assure the award of such a variance, the staff does spend time on an application and this cost has to be paid, Mottaz). B. PUBLIC HEARING: Variance to setback from NOHWM for replacement of drainfield, David Johnson, 9287 Jane Road N. Mayor Johnson opened up the public hearing at 8:50 p.m. in the Council chambers. The public hearing notice was published in the August 21, 1991 St. Croix Valley Press and the abutting property owners were notified. A letter was received from Tom Prew, City Engineer, dated August 28, 1991. David Johnson, 9287 Jane Road N., is requesting a shoreland permit and variance to the setback from the Ordinary High Water Mark on Lake Jane for the purpose of replacement of faulty septic system. Jim McNamara, Building Official, reported Molly Shodeen, DNR, indicated her concern was making sure there was a functioning septic system and to preserve lake quality. Mayor Johnson closed the public hearing at 8:55 p.m. M/S/P Williams/Mottaz - to grant a shoreland permit and variance to setback from the OHWM to David Johnson, 9287 Jane Road N., for replacement of drainfield based on no other suitable place on lot for a septic system to be installed and to preserve lake quality; conditioned upon the City Engineer's recommendations of August 28, 1991 and the manhole cover being preserved at new grade surface so adequate pumping can be obtained. (Motion carried 4-0). C. Robert Gardner (Continuation), 2898 Legion Avenue N. Variance for front yard setback for garage The Council postponed consideration on this item until the Building Official and homeowner could confirm the front yard setback measurement and look into the option of building a garage behind the house.