January 17, 2006 CCP - Laserfiche WebLink

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Mayor Dean Johnston Lake Elmo City Council December 5, 2005 Page 2 2. That the owner of a 10+ acre parcel in the RR Zoning District can have one (1) 2,500 square foot detached building in addition to an attached garage. 3. That the last clause of the provisions of Lake Elmo Code Section 300.07 Subd. 4.B.2.a.1 seems to apply to all accessory structures which, depending upon your interpretation, would include both attached and detached accessory structures; and that this clause does not further define the term "size of principal building" so that it could be interpreted to mean just the square footage of the first floor of the dwelling unit or the total square footage of all dwelling space contained in the building. 4. That the meaning of the first sentence in Section 300.13 Subd. 3.D.2 depends upon whether the term "accessory building" refers to an attached building/structure or to a detached building/structure. If it refers to an attached building/structure, the area of the principal building which is intended for the storage of passenger automobiles cannot exceed 1,000 square feet. If, instead, the above referenced sentence refers to a detached_ building, J then the area of a detached building intended for the storage of passenger automobiles cannot exceed 1,000 square feet. 5. That the restrictions of the last sentence of Section 300.13 Subd. D3 do not apply to property in the RR Zoning District. The recent addition to the Sessing home has a first floor area that is designated as workshop/storage area. Most residential dwellings have workshops/storage areas and such areas are considered as permissible incidental uses. Determining the actual use of these areas will occur as part of the discovery process in a current litigation and will impact the ultimate determination of whether the property is being used for an illegal commercial purpose or for a permissible home occupation. SIDE YARD RETAINING WALLS Except for buildings that house livestock, the required side yard setback for primary and accessory buildings/structures in the RR Zoning District is ten (10) feet (Lake Elmo Code 300.07 Subd. 4.13.3). Various items, including gutters, fences, walls, hedges, trees, shrubs and plants are permitted encroachments in the side yard setback area (Lake Elmo Code 300.07 Subd. 1 and Subd. 2). Drain the is not enumerated as a permissible encroachment within the side yard setback area. Fences are defined as "a partition, structure, wall, or gate erected as a dividing marker, visual or physical barrier, or enclosure (Lake Elmo Code Section 150). Other than the permitted side yard encroachments, side yards should be landscaped with materials such as sod, seed, mulch and plantings (Lake Elmo Code 1365.01). In