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Mayor Dean Johnston <br />Lake Elmo City Council <br />December 5, 2005 <br />Page 3 <br />the case of the Sessing property, the City also allowed field stone to be used as a <br />form of landscaping material within the side yard area (Lake Elmo Resolution No. 99- <br />37). <br />Based upon my review of the above sections, I conclude that a retaining wall of some <br />type is a permissible encroachment within a side yard setback area and that all side <br />yard setback improvements must be maintained in an attractive and well kept <br />condition by the property owner (Lake Elmo Code 1365.05). <br />Very truly yours, <br />/s/ JPF <br />Jerome P. Filla <br />JPF:jtc <br />F:\users\Janice\Jerry\LE\Accessory Building -Structure Letter to Mayor and Council.doc <br />1 Uses and structures which are customarily accessory and clearly incidental and subordinate to allowed <br />uses and structures; accessory structures cannot exceed the size of the principal building. <br />2 No accessory building used or intended for the storage of passenger automobiles shall exceed 1,000 <br />square feet of gross area, nor shall any access door or other opening exceed the height of ten (10) feet, <br />nor shall any structure exceed one (1) story in height except when the garages are located in business, <br />industrial or planned unit developments. <br />3 On parcels of 20,000 square feet in area or less, no detached accessory building or garage shall <br />exceed the size of the principal building in gross floor area. <br />