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LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 21, 1995 4 Mayor John closed the public hearing at 7:55 p.m. Attorney Fills. informed the Council that what is requested is a side yard setback variance which is necessary because if the zoning regulations are more restrictive than the shoreland regulations, then the zoning regulations apply to shoreland property. In order to construct any expansion to this property a variance to the non -conforming use regulations follows the Shoreland code. Filla read the definition of hardship as it applies to our shoreland regulations. When the city changes its regulations, it creates non- conforming lots or structures. Those uses are allowed to continue, but not to expand. The idea is that eventually these non -conforming uses should be grandfathered or amortized out of existence and not allowed to continue to expand. Councilman DeLapp stated since the Schwarz merely wish to increase their living space, there is nothing about their situation that constitutes a hardship and; therefore, no basis to grant them a variance that he Is aware of. Mayor John preferred the city adopt regulations indicating certain areas of the city, because of abnormal historical situations which we want to preserve and continue, develop an overlay district. This could take 3 or 4 months in the future. Kueffner asked what is the impact of all the lots in the city that are platted at one acre --are they all going to have to come in for a variance to increase the non -conformity. Planner Terwedo suggested a land use study of the Old Village area addressing lot sizes, location of garages, setbacks and come up with a description of the Old Village and set regulations to preserve the character. Filla suggested considering the Old Village riparian lots regulations and Old Village non - riparian lots regulations for now. Mary Schwarz indicated she would like their application postponed because there are so many questions Mrs. Schwarz volunteered to work on the committee that would study the Old Village area. M/S/P Conlin/DeLapp - to postpone decision on variance application of Mary and David Schwarz until the January 16, 1996 meeting because of the request of the applicant and further to study the Old Village Riparian lots. (Motion passed 4-0). B. Case No. V/95-33: Public Hearing - Variance to Driveway Width in RE Zoning District Applicant: Stephanie Downs, 2656 Imperial Avenue N. The public hearing notice was published in the November 10, 1995 Stillwater Gazette and adjoining property owners were notified. Mayor John opened up the public hearing at 8:38 p.m. in the council chambers Charles and Stephanie Downs had signed with Broadway Builders to build the house on April 20, 1995. At the time the builder was told they wanted a three car garage and a driveway wide enough to accommodate backing up recreational trailers. When the house was constructed the driveway was graded to the width and length two weeks before the actual asphalt was installed. During that time the inspector saw the graded driveway width and nothing was ever said to the homeowner or the builder. It was not until, one week after the driveway was asphalted that anything was said by the inspector. At that point is when the inspector checked the ordinance and why an after -the -fact variance became necessary. The Downs submitted a written statement stating the driveway at 2656 Imperial Avenue N. looks appropriate to the home and the 3.5 acres it sits on was signed by Thomas Bens, 2580 Imperial Avenue N., Teri Franzwa, 8367 26th St. N., and Brenda Foster, 2655 Imperial Avenue N. Todd Williams spoke in favor of the council allowing this discrepancy to go without further consequences Mayor John closed the public hearing at 8:43 p.m.