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current litigation and will impact the ultimate determination of whether the property is <br />being used for an illegal commercial purpose or for a permissible home occupation. <br />Allowed Uses for Side Yard Setback: <br />Attorney Filla reported that in the case of the Sessing property, the' City allowed field <br />stone to be used as a form of landscaping material within the side yard area (Lake Elmo <br />Resolution No. 99-37). He concluded that a retaining wall of some type is a permissible <br />encroachment within a side yard setback area and that all side yard setback improvements <br />must be maintained in an attractive and well kept condition by the property owner. <br />Mayor Johnston stated the City has a responsibility to manage runoff and grading and <br />implied in that responsibility is an authority to manage things that affect grading and <br />runoff. In his opinion, the retaining wall was installed without authorization and has had <br />a detrimental affect on runoff, therefore, he would require the retaining wall to be <br />removed. <br />Attorney Filla stated that in this case the City would be hard pressed to say that the <br />property owner could not use fieldstone on this property. He'card tha&c,didn't believe <br />draintile was a permitted encroachment in the side yard. He said the City is on very <br />weak grounds regarding size of garage to residential dwelling aid the Council needs to <br />tell staff what regulations the want to see regarding gu y g g garage s e versus house size. Then <br />staff can tell the Council how to fix the code. <br />Council. member Smith pointed out that the properly owner fi: mentioned and stated in <br />writing, which is documented, that this is a ret4ging\wa11.:She noted that in her opinion <br />the illegal structures that need to be removed are {,b�;; pet containment system, which <br />crosses the property line, the retaining wall; drainage systems, benn and restore the <br />natural drainage and made the cilI ing?tioq <br />M/S/P Smith/Johnston - to direct thy, staff to take enforcement action against the property <br />owner of 5699 Keats Alien re by.regiiring all four illegal structures need to be moved to <br />the required 10side yard setback ;:the pef containment system, retaining wall, drainage <br />system and manna een, the natural drainage pattern needs to be restored and a legal <br />landscape material use "n the required side yard setback (sod, seed, mulch and <br />plantings); the removal of the structures and restoration of natural grade along with <br />appropriate landscaping needsb be done from the screening structure on the east to the <br />end of the retaining wall on the west. The 4" drainage pipe that runs under the driveway <br />and is laying in the required 10' side yard setback needs to be removed and that water <br />needs to be redirected to stay on the Sessing property. (Motion passed 5-0.) <br />Attorney Filla also noted that the property owner had been instructed to install gutters and <br />change the drainage so that it goes across the driveway to the southeast. As of now, the <br />property owner has not done as directed. The Council said they would take a wait and <br />see what happens on this. <br />LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6, 2005 10 <br />