10-17-95 CCM - Laserfiche WebLink

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LAKE ELMO CITY COUNCIL MINUTES OCTOBER 17, 1995 Larry Bohrer voiced his concern on adequate site distance to the left when a car stops before pulling out. The lower branches on the tree appear to be about 4' off the ground and need to be trimmed. When a person sits in an automobile the height of your eye is about 31/2'. There may be gas, telephone, or electricity in the boulevard; therefore, make sure the contractor has those located before he digs. M/S/P DeLapp/Conlin - to approve Case No. W95-30 granting a variance requested by the Lake Elmo Bank, 11465 39th St. N., to Section 535.05 Subd. 1 Illuminated Signs Location; for the purpose of locating an illuminated sign closer than 25 feet from the roadway surface and closer than 10 feet to the right-of-way based on the Findings in the staff report: 1. The proposal includes the hardship, the concern for the health, safety and welfare of the traveling public, will be eliminated by this new sign location from the existing location and it will allow a tree to be saved. 2. The curve in the road makes a site impediment and the location of the sign will not be detrimental to the public welfare. and the following conditions: 1. The applicant will landscape around the base of the sign with small shrubs and perennials. 2. Since this sign is in an unimproved right-of-way and If the city needs to trench in this area, the sign be removed at the expense of the Lake Elmo Bank. (Motion passed 3-0). B. Public Hearina: Case v95-31 - Variance to allow a non -conforming structure to be expanded and variance to side yard setback. Applicant: David Schwarz, 10961 32nd Street Planner Terwedo explained she has revised her staff report because she assumed that the structure was not going out, but going up. She found out Monday (10-16-95) the addition is adjacent to the structure so she revised the staff report. Terwedo recommended denial based on the findings stated in the revised staff report. A variance to the side yard set back requirement (5 feet proposed, 10 feet required) and expanding an existing structure on a substandard lot in the Shoreland District. The lot in which the structure is proposed to be expanded is 15,000 sq.ft. and the addition will be 800 sq.ft, The public hearing notice was published in the October 5, 1995 Stillwater Gazette and adjoining property owners were notified. Acting Mayor Johnston opened up the public hearing at 7:30 p.m. in the council chambers. Dave Schwarz stated at first they contemplated going up because they thought it was better. The existing structure was built in 1906 with no foundation under it. It was pretty much a cabin, has been remodeled, and currently consists of 1200 or 1300 sq.ft.. You would have to tear the house down and start from scratch. Schwarz said they thought it best to go out the back and doesn't believe they are overbuilding for the lot. Shoreland ordinance provides for 15% or 6,000 sq.ft. of Impervious coverage, whichever is larger, and they are not close to that. Schwarz verbally stated they do have the blessing of their neighbors, but there was nothing submitted in writing. He pointed out other homes on Klondike and 32nd Street that were expanded recently on smaller lots. Todd Williams, 3025 Lake Elmo Avenue N., stated he is familiar with the property because he was on the council when Mr. Schwarz was given a variance to erect a garage on the property. The variance was granted because of the existence of a large tree. If we wanted to save the tree, the garage had to be built closer to the lot line. Williams did not see any circumstances in this case to grant a variance. Dave Schwarz knew the size of the house when they bought the property and doesn't see anything more than their desire to have a larger house.