07-02-2013 CCM - Laserfiche WebLink

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LAKE ELMO CITY COUNCIL MINUTES July 02, 2013 Page 8 of 12 MOTION: Council Member Park again moved TO APPROVE 085A AS AMENDED- STRIKING “ON ANY LOT UNDER ½ ACRE (21,780) IN SIZE.” The motion did not receive a second (no second was called for). MOTION FAILS FOR LACK OF SECOND. Mr. Snyder noted that the variance can easily be granted, but rarely can be denied. Certificates of compliance are much easier to administratively grant and easier/cheaper for resident to obtain. Mr. Zuleger recommended that the ordinance be sent back to Planning Commission. The Planning Commission will then resubmit to council. MOTION: Council Member Smith moved TO POSTPONE TO A LATER COUNCIL MEETING. Council Member Park seconded the motion. MOTION PASSED 5-0. Council Member Bloyer called for point of privilege. Meeting recessed at 9:09PM Meeting reconvened at 9:12PM ITEM 16: ZONING TEXT AMENDMENT – ARTICLE III: ADMINISTRATION AND ENFORCEMENT; ORD. 08-086, RES. 2013-52 Planning Director Klatt explained the proposed ordinance and related the historical action. Mr. Klatt summarized the changes since last meeting. Change to the design standard language. He stated that staff must get permission before entering property or follow judicial process. Council Member Nelson asked about the certificate of compliance process. Mr. Klatt explained that it would combine the current process with the anticipated future process. Council Member Smith asked about the 4/5 requirement. It was explained again that because the rewrite does not include it, it would not survive and the code would simply follow the state law of requiring simple majority except for the limited situations of major rezoning or comp plan amendments. Mr. Nelson asked about the “disturbing” language item on page 8, #7. Mr. Klatt said it could be removed. Mr. Nelson also asked about removing the historical language. Legal status of entering property was discussed. City Attorney Snyder stated that the law allows staff to enter on property and even walk around the property without trespassing. Once the owner Council Member Bloyer stated that he has struggled, but currently supports keeping the 4/5 requirement because he is in favor of slowing down government action. Council Member Smith is in favor of keeping 4/5 vote. Mayor Pearson and Council Members Park and Nelson are in favor of going to simple majority. Mr. Bloyer is not hung up on the 4/5 issue. “Historic” language was discussed. Ms. Smith wants to preserve historic buildings in Lake Elmo. Mr. Klatt explained meaning of historic term and that removing the term would not have great impact because there is not anything historic in Lake Elmo.