08-04-2009 CCM - Laserfiche WebLink

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LAKE ELMO CITY COUNCIL MINUTES JULY 21, 2009 3 Authorize Enforcement Action re:5699 Keats Avenue North Craig Dawson, Interim City Administrator, reported in December, 2008 the City Council, acting as the Board of Adjustment and Appeals, ordered several code violations at 5699 Keats Avenue N. be remedied by June 30, 2009. A compliance review was made on July 11, 2009 found that only one item had been completed satisfactorily. The remaining violations continue. 1. Removal of proper storage of personal property items including, but not limited to, piles of brick, piles of wood, a large tank, etc. 2. Removal of the small cabin or proper changes to the structure necessary to meet the definition of “tool shed”. 3. Landscaping to the east of the house between the garage door and the rear entry door, including required construction of a retaining wall. In a review by the acting building official, with the assistance of a TKDA structural engineer, it was determined that the retaining wall as constructed required a building permit and an engineer’s certification; the property owner did not apply for a permit nor provided the engineer’s certification. Rod Sessing, 5699 Keats Avenue, believed that many of the issues were now in compliance or would be shortly. With regard to the retaining wall, Mr. Sessing was not aware, until now, that it had to meet structural engineer’s regulations and required a permit. In response to Mr. Sessing’s complaint regarding another property, Attorney Snyder pointed out that a resident should come into the City and files their complaint and the City staff will make its review. MOTION: Council Member Smith moved to authorize commencement of legal proceedings for enforcement of the Order of the Board of Adjustment and Appeals regarding property at 5699 Keats Avenue N. Mayor Johnston second the motion. The motion passed 3-1 (Council Member DeLapp voting against.) Budget Discussion Council Member Smith requested a committee be formed comprised of two council members, for the purpose of providing recommendations and options on the budget. Mayor Johnston and Council Members DeLapp and Smith volunteered to serve on the budget committee.