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LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 21, 1995 D. Status of Lighting around the Lake Elmo Bank Larry Bohrer reported the, lighting system that was approved for 39th Street consisted of underground electric cable and four street lights. They will be located near Highway 5 at the curb near the westerly entrance of the Lake Elmo Bank, at the intersection of Laverne Avenue, and the intersection of Lake Elmo Avenue. The underground cable is in the ground, poles will be erected next week and the system operational before the end of the year. 7. PARKS/MAINTENANCE DEPARTMENT: None 8. PLANNING/LAND USE & ZONING: A. Case No. W95-32: Public Hearing - Variance to the side yard setback Applicant: David and Mary Schwarz, 10961 32nd St. The public hearing notice was published in the November 10, 1995 Stillwater Gazette and the adjoining property owners were notified. At the November 7 meeting, David Schwarz appealed a denial to Case No. W95-31 and staff was directed to review the case, meet with Mr. Schwarz, and publish a public hearing to be held on November 21, 1995. Planner Terwedo met with Mr. Schwarz and no additional information on the plans for the addition were submitted to the city. The Request for City Council Action is the same report submitted at the last public hearing since no changes to the plans have been made, The variance requests include a five yard side yard setback (10 feet is required) and expanding an existing structure on a substandard lot. The existing septic system can accommodate the expansion of the structure. The DNR does not have concerns regarding this variance. Mayor John opened up the public hearing at 7:40 p.m. in the council chambers David Schwarz pointed out their hardship, in his opinion, is their lot has been made non -conforming recently and were not notified of that. When they built a garage in 1990, their lot was a conforming lot. Since that time, the city has changed their ordinance to require 1.5 acres and they couldn't do anything about it. Section 308.070 of the Shoreland Ordinance states that "All legally established non -conformities as of the date of this ordinance may continue, but they will be managed according to applicable state statutes and other regulations of this City for the subjects of alterations and additions". This is meant to regulate, not prohibit additions to non -conformities. The Shoreland ordinance does allow additions and expansions to non -conformities. What they are requesting Is the minimum to alleviate their hardship and Is not unlike what the city has granted to others in the Old Village. Mr. Scharwz felt they have meet the conditions necessary under Section 308.020. Mary Schwarz stated they live in the Old Village and the building ordinances are meant for the entire City. The Old Village should be looked at differently because of the lot sizes. Their family has had the property since 1908, but it was not a year around residence. The DNR has no problem with what we are proposing, we are not in a flood plain and have two alternative drainfield sites.. Todd Williams commented that a 15,000 SF lot has been non -conforming in an R1 zone for many years long before the prior Shoreland Ordinance was revised and continues to be non -conforming. The existing structure is a non -conforming use and the city does not permit the use to be expanded. The hardship raised by the Schwarz is not interpreted by them correctly. They enjoy an adequate use of their property at this time. There is no hardship involved by definition of our city ordinances. When they bought the house they knew they had a small house and were on a substandard lot. A letter was received from Evelyn Kramer, 10949 32nd St. N., stating she had no objection to the addition proposed by Dave Schwarz.. A letter was submitted from Carol Kelm, 10975 32nd St.N., stating she wants the new house addition to be ten feet from her property line. The variance for the side yard setback is not on Carol Kelm's side.