07-05-2011 CCM - Laserfiche WebLink

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MINUTES APPROVED AS AMENDED 7/19/11 LAKE ELMO CITY COUNCIL MEETING JULY 5, 2011 3 actions have resulted in an unusual situation that has created the issue with Staff’s interpretation of “front yard”. Mayor Johnston stated he concurred with the applicants regarding the health and safety issue of the covered steps. Council Member Smith inquired as to whether the applicants could proceed with a zoning variance application under the new variance standards recently adopted by the legislature and proposed for adoption by the City later on the Agenda. Council Member Park suggested that the Council could define the proposed improvements as steps rather than a deck and therefore become an allowable encroachment. Council Member Emmons commented that the proposed action may be better as a variance to overcome issues of precedent for the Staff. Attorney Sandstrom stated that the issue before the Council appears to be more of a variance matter than a Staff interpretation. Appeal Hearing opened at 7:49 p.m. City Planner read into the record a letter from the adjoining neighbors, Veronica and Allen Siedle, in support of the applicants’ proposal. Property owner Jim Norton stated that they had a survey done and another improvement to their home in recent years and no mention was made of setback issues or yard definition. Property owner Pam Beytien further advised that the proposal to cover the proposed entry steps was to overcome ice buildup on the steps. Appeal Hearing closed at 7:58 p.m. Council Member Smith stated that this situation was unique but that Staff interpretation was correct based on the City Code and prior similar interpretation by Staff. She said she would prefer that the City Council handle this as a variance. City Attorney Sandstrom said he agreed that if the improvements were called steps rather than a deck, this issue could be handled without a variance. The Council reviewed the current configuration of the lot and determined that, based on the historical platting of this area and the current location of the home, that the northern property line should continue to function as the front property line for purposes of determining building setbacks.