March 21, 2006 CCP - Laserfiche WebLink

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M/S/P Smith/Johnston - to direct the staff to take enforcement action against the property owner of 5699 Keats Avenue by requiring all four illegal structures need to be moved to the required 10' side yard setback: the pet containment system, retaining wall, drainage system and manmade berm, the natural drainage pattern needs to be restored and a legal landscape material used in the required side yard setback (sod, seed, mulch and plantings); the removal of the structures and restoration of natural grade along with appropriate landscaping needs to be done from the screening structure on the cast to the end of the retaining wall on the west. The 4" drainage pipe that runs under the driveway and is laying in the required 10' side yard setback needs to be removed and that water needs to be redirected to stay on the Sessing property. (Motion passed 5-0.) Attorney Filla also noted that the property owner had been instructed to install gutters and change the drainage so that it goes across the driveway to the southeast. As of now, the property owner has not done as directed. The Council said they would take a wait and see what happens on this. Joan Ziertman said it had been discussed at a previous Council workshop and she would like to know what the legal bearing would be that the inspector interpreted the code for 23 years that you cannot have more garage space than the size of the principal building. She felt this needed further discussion. Mayor Johnston responded that the City Attorney has interpreted the code, that there is no legal basis, and the City has to fix this section of the code. 11. CITY ADMINISTRATOR'S REPORT: A. Snowmobile Ordinance; Ordinance No 97-164 The Administrator explained he had a visit from the homeowner and the snowmobile problem has not been eliminated. The City has to have this ordinance in place in order to be enforced by the Deputies and recommended passing the ordinance. Valdi Stefenson, representing two organizations the Stillwater Snow Lords and Star Trail, said they were in opposition to adopting this ordinance as this would be bad public policy to make a revision upon one single complaint. This ordinance will negatively impact other residents and is much stricter than state or county regulations. He said it was his understanding that the problem with the affected homeowner was resolved by moving the trail. M/S/P Johnson/Johnston — to adopt Ordinance No. 97-164, A Snowmobile Ordinance. As presented. (Motion passed 3-2: Conlin, Johnson). Council member Conlin voiced her concern that in her neighborhood a snowmobile could be within 50' of a residential dwelling not owned by the operator and still be on her property because her lot is only 95' wide. Attorney Filla said this is a common problem and asked where you draw the line. I Ie said it's difficult to craft an ordinance to fit all neighborhoods. LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6, 2005 11