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Resolution 99-37
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Resolution 99-37
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RESOLUTION NO 99-37 <br />RESOLUTION RELATING TO AN APPEAL FROM <br />ADMINISTRATIVE <br />WHEREAS, on May 17, 1999, the Lake Elmo Building Inspector notified Rod Sessing <br />who resides at 5699 Keats Avenue North, that the landscaping /erosion control improvements <br />which had been made to a portion of his property were not in compliance with the City's <br />Regulations (Lake EImo Code Chapter 1365 and Chapter 150 - Landscaping); and <br />WHEREAS, on May 24, 1999, Rod Sessing appealed the administrative decision of the <br />City and requested that the appeal be heard by Lake Elmo City Council pursuant to its <br />Regulations; and <br />WHEREAS, on July 6, 1999, the Lake Elmo City Council heard the appeal of Rod <br />Sessing and made the following findings of fact: <br />Rod Sessing used field stone to Iandscape and construct erosion control <br />improvements within the side yard of his property; <br />2. Lake Elmo Code, Section 1365.01 requires "soil retention cover such as sod, seed <br />and rn- alcli, plantings, or as may be necessary to protect the soil and aesthetic <br />values on the lot and adjacent property "; <br />3. Lake Elmo Code, Sections 1365.03 and 1365.04, requires side yards to be <br />landscaped; <br />4. Lake Elmo Code, Chapter 150 defines landscaping as the "planting of trees, <br />shrubs and turf covers such as grasses and shrubs "; <br />5. In the past, the City of Lake Elmo has not interpreted the provisions of Chapter <br />1365 or the definition of landscaping to prevent the exclusive use of field stone <br />and decorative rock; <br />6. Field stone and /or decorative rock have been used as a subsidiary component of <br />landscaping in the City of Lake Elmo; <br />7. The City Building Inspector specifically authorized the use of field stone on the <br />Sessing property in September, 1997 and in July of 1998; <br />
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