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LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 7, 1995 3 D. Dave & Mary Schwarz, 10961 31st St. N; Request for Council reconsideration of variance request The Schwarz' have sent each council member a letter asking for reconsideration of their request for a variance to allow them to construct an addition to their existing home Dave Schwarz asked the council to reconsider their variance request because he was given the indication before the last council meeting that his application for a variance would meet with approval. An additional staff report was prepared using the criteria for a hardship as a basis for denial. The Schwarz' feel they were not given adequate time to prepare an explanation of the hardship. M/S/P Conlin/Hunt - to direct the staff to prepare a public hearing of this request which includes notification of property owners affected. Further, that the staff prepare a summation of similar variance requests that have been considered by the Council. (Motion passed 5-0). Attorney Filla pointed out the applicant should not leave with the impression that if there has been five similar variances granted by the city that means this variance needs to be granted. The city considers each request on their own merits on the basis of hardship as opposed to how many similar variances have been granted in the past. Granting similar variances in the past does not compel the city to grant a variance unless there is a justified hardship. E. George & Katie Dege: Request to amend code to allow wind generators in Agricultural zoning districts George and Katie Dege are requesting the Council to allow a 15' diameter wind generator on top of a pole 85' tall on one of the rolling hills on their property at 5193 Keats Avenue which would supply some of their energy as well as reduce waste and pollution. Pictures and information on design were submitted. Section 301.120 of our Code states: "Antenna and wind generator towers shall not exceed 65' in height". Administrator Kueffner checked the Washington County ordinance to see how they dealt with this type of request because there is a wind generator at Park Nursery located north of Highway 36. The County's ordinance was made to require a conditional use permit for towers/antennas between 45' and 100'. A copy of the County ordinance was provided. WS/P Hunt/DeLapp - to direct the staff and Planning Commission to study wind generators that exceed 65' in height and come back with recommendations on restrictions or conditions on use. (Motion passed 5-0). F. Recommendation to County Board for appointment of Dave Bucheck to Valley Branch Watershed Board of Supervisors Administrator Kueffner had informed the council that Gordon Moosbrugger was not reappointed to the VBWD of Managers. West Lakeland now has two residents on the Board and has one application along with another application from a resident in Baytown Township submitted to the County to fill the vacancy created by Peter Zetterburg's resignation. The city received an application from Dave Bucheck and Administrator Kueffner sent the application to the County Administrator with a request that Dr. Bucheck's name be considered for appointment. Kueffner also asked the Cities of Oakdale, Woodbury and Afton to support the legislation that each City appoint Its own representative to a Watershed rather than having the County make appointments. M/S/P DeLapp/John - to direct the City Administrator to send a letter to the Washington County Board of Commissioners in strong support of Dr. Dave Bucheck's appointment to the VBWD. (Motion passed 5-0).