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LAKE ELMO CITY COUNCIL MINUTES MARCH 2, 1993 4 the city's code. After that if he chooses to come back with another request he could do that. M/S/P Johnson/Johnston - to deny Derrick Land's request for an alternative to testing in the spring and that Derrick has to test and can take whatever action he chooses after that. (Motion carried 3-0). Councilman Johnson commented that it was not the fault of the city that Derrick's timeline would be delayed by a motion to postpone because they could have brought this before the council much earlier. B. Response from Lake Elmo Jaycees At the last meeting, it was brought to the council's attention that there were some residents in the area of Lions Park that complained about the noise and the late hour of the dance during Huff n'Puff last year. The council received the residents list of concerns and the response to their concerns from the Jaycees. It appears that the Jaycees are more than willing to work with the residents, and the residents are willing to give it another chance as long as their concerns are recognized. If the residents have concerns that are not resolved, they will be in right after the dance to express them. M/S/P Johnston/Johnson - to approve the Lake Elmo Jaycee' Huff'n Puff dance for 1993; subject to the agreements between the Jaycees and the residents. (Motion carried 3- 0). 6. PLANNING/LAND USE & ZONING: A. PUBLIC HEARING: Shoreland Permit with variance to OHWM and a variance to the non -conforming use of the zoning code, Charlotte Morgan & Mark Fritsch, 4563 Birch Bark Trail N. Mayor John opened up the public hearing at 8:45 in the city council chambers. The public hearing notice was published in the February 17, 1993 Stillwater Gazette Extra and the adjacent property owners were notified. William Park, 4589 Birch Bark, who also submitted a letter of support, indicated this addition would be situated adjacent to their property and felt that in no way will this addition create or cause any sort of hardship or eyesore. Moreover, he felt it would be an enhancement to the community and more specifically to the neighborhood. Mayor John closed the public hearing at 8:50 p.m.