08-19-2008 CCM - Laserfiche WebLink

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LAKE ELMO CITY COUNCIL MINUTES August 19, 2008 5 MOTION: Council Member Johnson moved to adopt Ordinance no. 08-008 amending the definition of impervious surfaces and amending the allowable impervious surface coverage for lots excluding swimming pools in Open Space Preservation developments. Council Member DeLapp seconded the motion. Mayor Johnston and Council Members Johnson, DeLapp, Park voted for the motion and Council Member Smith voted against the motion. MOTION: Council Member Johnson moved to adopt Resolution no. 2008-040 authorizing summary publication of Ordinance no. 08-008 in the official newspaper. Mayor Johnston seconded the motion. The motion passed unanimously. Appeal hearing on zoning code violations related to accessory structures at 5761 Keats Avenue Mayor Johnston convened the Board of adjustment and Appeals at 10:00 p.m. City Attorney Jerry Filla reported the City Council, acting as the Board of Adjustment and Appeals, is being asked to hold an appeals hearing to determine if the accessory structure on the Ziertman property at 5761 Keats Avenue violates three sections of the zoning code (Sections 154.094, 154.092 subd I and 154.092, subd K) as identified by the city attorney after receiving a report from consulting planner, Ben Gozola. Notices were distributed to the property owners, the abutting neighbors and the planning commission chair as required by city ordinance. Attorney Filla reminded the Board that it must act specifically on the validity of this appeal and not act as a policy body of the city. Ben Gozola, consulting planner, presented the information on the alleged zoning code violations to the Board of Appeals. Joan Ziertman, 5761 Keats Avenue, stated that historically the City has supported the code in that a small building sheltering animals are not regulated based on the number of structures under 35 sq.ft. located in the city. The 35’ sq.ft. accessory structure is based on very little and not regulated as an accessory structure. The threshold should be 100 sq.ft. which requires a building permit. She believes the definition of domestic farm animals has changed because animals are not kept just for animal producing purposes but large lots have hobby farms which have animals for pets and which require buildings for shelter. Their goat shed does have wind anchors, is not located closer to the road and in her opinion is not considered an accessory structure because it is less than 35 sq.ft. and does not require a building permit. The Board discussed the appeal, the options for acting on it and timeline for removal of the non compliant structure.