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LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 6, 1996 B. Variance Request:David Schwarz, 10961 32nd St The Council received letters from Steve and Elizabeth Johnson, 2945 Lake Elmo Avenue N.; Kurt and Kate Vanden Branden, 11008 32nd St.; and Robert Fodness, 10920 32nd St. N.; supporting the efforts of Dave and Mary Schwarz to make improvements to their home in their neighborhood. Planner Terwedo reported that in comparing the Schwarz variance request to the literal interpretation of the Shoreland ordinance would be a recommendation for denial. However, the Shoreland ordinance fails to deal with the nature of nonconforming uses which, if expanded, would not greatly impact the shoreline, The shoreline as viewed from the lake during the summer months and especially, the septic system. This is an "old" area and the existing septic system can accommodate the expansion. M/S/P John/Hunt - to grant the variance to the side yard set back to David and Mary Schwarz, 10961 32nd St., for the purpose of building an addition based on the following findings of fact: (Motion passed 4-0). 1. The applicant's home is located in a part of the Old Village where special historical conditions apply. 2. The lot size and shape were established before the City adopted its 1 acre, and subsequently 1.5 acre minimum lot sizes. 3. Literal interpretation of local codes prevents the applicants from increasing their bedroom size, but not the number. 4. The special circumstances are not a result of the applicants own action. Applying a 1.5 acre minimum standard to all Lake Elmo homes makes a number of other homes non -conforming with no prospect of enlargement. 5. Granting of the variance will not confer a special privilege on the applicant. Denial would permit others in adjacent properties, who had already received variances to enjoy a special privilege. 6. The variance requested is the minimum needed to relieve the hardship. 7. Granting of the variance is not materially detrimental to the purposes of the Ordinance. 8. The view from the lake is not materially affected. 9. The DNR, which reviewed all variances in the shoreland area, does not have a concern with granting the variance. 10. The existing septic system can accommodate the expansion. C. Case No. ZAM/V/96-3 Lake Elmo Inn Rezoning from R1 to GB In order for the Lake Elmo Inn to develop their addition, a rezoning is requested for 3466 Lake Elmo Avenue from R1 to GB. The Planning Commission held a public hearing on January 22, 1996 and recommended approval. M/S/P Hunt/DeLapp - to adopt Ordinance 8129, An ordinance amending Section 301.080C Zoning District Map of the 1979 Municipal Code of Lake Elmo rezoning 3466 Lake Elmo Avenue N. from Residential (R-1) to General Business (GB) based on the Planning Commission's recommendation and the findings in the City Planner's review. (Motion passed 4-0).