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1 Minutes of Regular Council Neeting November 24, 1980 Jogging and N a t u re Trail License - Be the 1 College Lynden explained that managemen t, maintenance and repair of the t rai Is will he by Bethel; suggested th at an indemnification clause be added to the Jogging and Nature Trail License. Coun- cil concurred, and au th 0 ri ze d Attorney to prepare same. RCWD ~Ieeting - November 26th Lynden recommended that the affected cities multilaterally re- que s t an Attorney Gene ral' s opinion; noted th at Attorney General's op in ion is advisory only; can file a declaratory judgement if opinion is not satisfactory to the city. Council authorized Lynden's attendance at the November 26th meet- . ing; requested th at he de te rmi ne whether other cities are asking for an Attorney General's opinion, and if not, to proceed wi th re- que s t on behalf of Arden Hills . . OTHER BUSINESS Case No. 80-41 . Side Yard Variance - Lo t 5, Block 4 , Ka rth Lake South. Mar'eel Eibens teiner, developer, explained tha t they purchased the plat unde r Hyn ri dge Addition; adjusted the lots to create la rge r lots and filed the Karth Lake South p la t as approved. Eibensteiner explained tha t corne r lot sideyard setbacks were 20' when plat was proposed; Lot 5 , Block 4 was sold for a 44' wide walkout with a 20' ga rage facing e as t - an ideal lot for this house. Note d that sewe r and water is stubbed on the e as t side of tbe 10 t. S ewe r may not be deep enough in the s t re e t to face the house to the sou th . Noted tha t there are o th e r homes in the area constructed wi th a 20' setback from the side street. In discussion, it was noted that if the lot were not substandard in size, Council would be more inclined towards granting a variance; Noted that it was Council's unde ra tanding that va r i an ce s would not be needed on the substandard-sized lots when plat was approved. Mr. and ~lrs . Yako1, p u rch ase rs of the house and lot, e xp lained that the lot is most sui tab Ie for their h ou s e design as proposed to be sited. Hanson moved, seconded by Woodburn, that Council approve a 10 ' sideyard se tback variance from Wynridge Drive on Lo t 5 , Block 4, Karth Lake Sou th, bas e d on the contour of the land. Motion carried (Hanson, Crichton, Crepeau voting in favor of the motion; Woodburn voting in opposition). It was noted that Council is aware that some platted corner lots pose problems in siting houses wi th the required 40' se tb ack from both streets (Ordinance 213) , but granting a variance from th is requi remen t is not automatic. Developer was requested to obtain variance approval before selling and/or building henceforth. Request to Temp 0 ra ri 1 y Store Aggregate on Lot 2 7 , Rohleder Home and Garden Acre s - William Milton . Milton referred Council to his letter of 11-21-80 requesting the temporary storage of aggregate on his property by Shafer Contract- ing Company fo r 2 ye a rs wi th an option for an additional year if needed. Milton explained tha t placement of aggregate as proposed will improve soil compaction of the site sufi icien tly to enable con- struction. 2