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LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 5, 1992 2 <br />M/S/P Williams/Hunt - to direct the City Administrator to <br />consult with the City Engineer and ask if he can roll <br />examination of Mr. Stevenson's proposal with the feasibility <br />study without incurring any additional cost, then go ahead. <br />If there is additional cost to the petitioner, they should <br />come back to the City Council to decide what to do. (Motion <br />carried 5-0). <br />5. Resolution No. 92-24, Canvassing Local Election Returns <br />M/S/P Dick Johnson/Williams - to approve Resolution No. 92- <br />24, A Resolution Canvassing the Returns and Declaring the <br />Winners of the 1992 Local Election. (Motion carried 5-0). <br />6. OLD BUSINESS: <br />A. Shoreland Permit and variance for structure setback <br />from OHWM, <br />Applicant: Mike & Gayle Wagner, 9040 Jane Road N. <br />At the September 16th meeting, the City Council made a <br />motion to grant a shoreland permit and variance for a deck <br />based on reasons stated. The variance request for the <br />addition was postponed until the shoreland ordinance has <br />been passed. The Council had taken action on an identical <br />request at the October 20th meeting; therefore, the Council <br />asked that Mr. Wagner's request be placed on this agenda. <br />Mr. Wagner was unable to attend the meeting, but indicated <br />in a telephone call that he be given equal treatment as was <br />given to an applicant with a similar request. Otherwise, if <br />it was in his best interest to wait, then he would do that. <br />M/S/P Hunt/Mottaz - to amend the September 16, 1992 motion <br />regarding Mike Wagner's request to delete the postponement <br />of consideration of a variance request for an accessory <br />building addition and to allow Mr. Wagner construction of a <br />20' x 16' accessory building addition to the east end of the <br />existing home. (Motion carried 4-1: Williams: This would be <br />extending a non -conforming use, and it is poor public policy <br />to base any decision on an ordinance that has not been <br />adopted. Dick Johnson: At the last meeting he voted against <br />the Dillon request on a similar structure until the <br />shoreland ordinance was in place. Since the Council chose <br />to approve that variance, he felt it necessary to vote in <br />favor of this amendment because a precedent has been set by <br />the Council.) <br />