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LAKE ELMO CITY COUNCIL MINUTES MARCH 21. 1995 3 There was no one to speak against the variance request. Mayor John closed the public hearing at 8:05 p.m. M/S/P Conlin/Hunt - to grant to Stephen Bachman for Lots 4 and 5, Block 1, Ruth's 1st Addition a variance to expand a legal non -conforming structure, a variance to setback from the Ordinary High Water Mark, and a variance to the minimum floor elevation to allow an addition to the existing structure as shown on site plan submitted (dated March 21, 1995) with application based on the favorable recommendation from the Department of Natural Resources and the following Findings of Fact: (1) no net increase in risk for damage with this addition because elevation is the same as the house, (2) recognizing the lake elevations have changed since the original construction of the house, (3) that a second septic system site could still be found on the property, (4) removal of old deck would make the lot less non -conforming; and the variance is conditioned upon the applicant combining Lots 4 and 5, Ruth's 1 st Addition, prior to issuing a building permit, and with the understanding that the City will assume no liability for damages incurred if the level of Lake Elmo, or the existing pond next to the proposed addition rises to a point where they cause damage to the house. (Motion passed 5-0). B. Lake Elmo Heights 3rd Addition - Preliminary Plat Applicant: Royal Oaks At the March 13, 1995 meeting, the Planning Commission recommended the council approve the preliminary plat of Lake Elmo Heights 3rd Addition as presented, with the following conditions: 1) that the applicant meets the conditions set forth by the Valley Branch Watershed District in its letter of February 24, 1995; 2) meets the conditions set forth by the City Engineer in his letter dated February 23, 1995; 3) meets the conditions set forth by the City Planner in his letter dated February 22, 1995; 4) provides a revised landscape plan with the final plat that is consistent with city landscape regulations and incorporate Bob Helwig's comments that some of the discretion, of the placement on the landscaping requirements of the individual lots, should compliment what the individual property owner wants as long as its in compliance with the City ordinances; 5) the park land dedication as shown on the preliminary plat, and cash combination to meet the city code requirements, be accepted by the city as recommended by the Parks Commission; 6) that 27th Street not be used for construction and be so signed for construction traffic. The Council received a copy of a letter from Joseph Lux, Washington County Public Works, indicating they have reviewed the revised platting of Lake Elmo Heights Third Addition and found it to be acceptable. They would like access control to be shown on the final plat on the south and east property lines. The location of the intersection of 26th Street and Inwood Avenue has been questioned due to limited sight distance and have checked the location and found it to be marginally acceptable. They can accept