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LAKE ELMO CITY COUNCIL MINUTES OCTOBER 17, 1995 Acting Mayor Johnston closed the public hearing at 7:40 p.m. i Council members DeLapp and Conlin indicated the applicant did not provide a hardship to justify the request for variance to construct a larger house and agreed with the Planner's findings in her staff report. M/S/P Conlin/DeLapp - to deny Case No. V/95-32, a variance request to the side yard setback by David Schwarz, 10961 32nd St. to construct an addition based on the findings outlined in the staff report. (Motion passed 3-0). C. Public Hearina: Case V95-32 - Variance to side yard setback, Applicant: Mark Edlund, 5431 Hilltop Avenue N. The public hearing notice was published in the October 6, 1995 Stillwater Gazette and adjoining property owners were notified. Planner Terwedo reported the proposed accessory building, 32' x 24% is to be located approximately 11'5" from the side yard where 25' side (corner) setback is required. In order to construct an accessory structure in the rear yard, the site would need to be graded In order to provide a levelbuilding pad and impact the drainfield. If the structure were to be moved another 14' north along the concrete drive, it would also impact not only the drainfield, but the rear of the home and existing maple tree and deck. The site slopes to the east. There are two driveway accesses off of this lot; one off Highlands Trail to the rear of the structure and one in front of the home off of Hilltop Avenue. Acting Mayor Johnston opened up the public hearing at 7:42 p.m. Mark Edlund explained the edge of the garage would be 35' off from the right-of-way. There is no other location to build the garage because of the sloping of the back yard and the placement of the drainfield. The existing garage is about 22' x 26' and the new garage is 24' x 32'. The downstairs level is used for a shop, but has a garage door. He does intend to make garage look as much like the house as far as color and design. Todd Williams asked if the garage currently attached to the house Is being used as a garage. What does our ordinance say about the number of accessory structures allowed in this type of zoning? Acting Mayor Johnston closed the public hearing at 7:45 p.m Jim McNamara explained the existing structure has 450 sq.ft. on each level which is a total of 900 sq.ft. The new garage will be approximately 800 sq.ft. The ordinance states the detached structure in R1 zoning can have 1,000 sq.ft. Councilman DeLapp asked if the lot is considered conforming. The current lot size for that zoning is 1.5 acres. Kueffner explained DeMontreville Highlands 4th Addition was platted as a 1 acre subdivision. Attorney Filla stated this is considered a non -conforming lot. The septic tank will be 7' from the building, where the code requires 10' separation from the septic tank to a building and 20' is required for the actual drainfield portion to a building. The staff was asked to review all the variances required; such as; variance from the side yard set back requirement, separation from the septic tank to a building, and increasing the use on a substandard lot M/S/P Johnston/Conlin - to table until the staff can review what variances are required. (Motion passed 3-0).