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Peterson, Fram 6t Bergman, P.A. <br />50 East Fifth Street, Suite 300 <br />St. Paul, Minnesota 55101 <br />PH: 651-291-8955/FX: 651-228-1753 <br />ifilla®ofb-oa com <br />Direct Dial: 651-290-6907 <br />.DeiwrabaL,.1jic05December 6, 2005 <br />Mayor Dean Johnston <br />Lake Elmo City Council <br />City of Lake Elmo <br />3800 Laverne Avenue North <br />Lake Elmo, Minnesota 55042 <br />RE: Accessory Structure/Building Regulations <br />Construction with Side Yard Setbacks <br />RR Zoning District <br />Our File No.: 11155.04-2 <br />Dear Mayor and City Council Members: <br />The City's regulations (City Code 100.03) incorporate the Minnesota Statutory Rules of <br />Construction (MS Chapter 645). In part, the State rules of legislative construction <br />indicate that the following presumptions should apply when construing the City Code <br />provisions: <br />1. The City Council did not intend a result that is absurd, impossible of execution <br />or unreasonable (MS 645.17 Subd. 1); and <br />2. The City Council did intend that the entire City Code be effective and certain <br />(MS 645.17 Subd. 2). <br />RELATIONSHIP OF GARAGE TO HOME <br />In order to ascertain the City Council's intent in regard to the use and regulation of <br />accessory buildings and accessory structures in the RR Zoning District, it is my opinion <br />that a person must review the definitions of accessory building, accessory structure, <br />building, private garage, principal structure or use, and structure (all contained in <br />City Code Section 150) in conjunction with the City Code provisions relating to the RR <br />Zoning District (City Code 300.07 Subd. 4.6.) and the design standards for accessory <br />buildings and structures (City Code Section 300.13 Subds. 3 and 4). When I review <br />those sections in conjunction with each other, I conclude: <br />1. That the terms "accessory building" and "accessory structure" refer to <br />detached buildings or structures. <br />