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food. DRAFT VOTE: 4:1 Nay -Conlin she would have voted to approve the appeal and then ask the Planning Commission to review it. The Planner will bring it to Planning Commission in February and return to Council with it by the end of February. e. Appeal ofAdministrative Order —Rod Sessing The Planner said the Building Official ordered modifications requested by City Council to The Sessings. The Board of Adjustment and Appeals will review the appeal by Rod Sessing of an order to relocate a pet containment system, retaining wall, drainage system, and magi -made berm to the 10 feet setback line and to restore natural drainage and landscape material with all run off to remain on the Sessing property. The Mayor opened the hearing at 10:00 p.m. Rod Sessing, 5699 Keats Avenue He said he received the letter from James McNat items are structures. He read the code definition a pet containment system is a structure. He said; when the pole building was constructed, and that said that Tom Prew told him that grading, permit,, was astonished that all of these s. He paifcularly disagreed that ,rm was approved by the City insulation to frost footings. He issued for residential properties. Two small spots of erosion on his properly tnthe past, resulted in his putting in the drain tile. Neighbors allowed storage of the stone on Cheir pz' p%y for 30 days while work was completed. In 1998, the complaint was sattsired , 1°399, the fieldstone was alleged illegal and the Council created a resolution to allow it." Those items were not illegal then, yet now they are. He said a Grading Plan was, submitted in 2004, yet the City never required one from a residential property before 2 5 weeks bier the Grading Plan was approved. The plan shows the 6X6s, the drain tile, and felds ile. It was all approved. All of a sudden it has become a structure. He turn$ ltt a letter to3he City with a statement from a certified civil engineer that M,.. there is less waterrriovmg�ff his property now than before the grading. He installed electrical fencing over the entire 11.5 acre pareel. There was never a problem with the location of the fencing during all;rhe discussron of electronic fencing. He said the City allows The Ziertmans to have an electrtfiedthree feel''fence, and there is a sign that says it is electrified. He said that is illegal. His wife moved their home occupation off site. He said the City shut down his business but allow The Ziertmans to have retail sales on their property. He asked how much money the City will waste on this. Now you want me to move dirt approved in two separate years. Now electric fences can't be there. Now the Code allows a solid stone fence on the property line but the City won't allow the six -by -six retaining wall that was approved in 1998. He pulled Building Permits as they were needed. Council wants him to move the dirt and not put the fieldstone back in, but the resolution of 1999 specifically allowed it. Culverts are greater structure than 4" pvc pipe that functions to keep water on his property. The City should not go back on their word. There is no statute of limitations for grading. If the Council sends it to court they let the residents pay more. Mr. Sessing distributed pictures of what he said were retaining walls within setback areas all over Lake Elmo. Joan Ziertman Mrs. Ziertman said this is fifth time she has spoken to Council on this issue. Council gave Lake Elmo City Council Minutes of Janu uy 17, 2006