05-07-02 CCM - Laserfiche WebLink

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Rod Sessing, Planning Commission member and adjacent neighbor, stated he had a problem with the ordinance. This is a variance without going through the variance process because it's a legal non conforming structure. The Planning Commission has recommended dumping this entire section. Attorney Filla explained the applicant received a permit to construct a building. The property owner spent money based on approval by the city. The new addition is not violating the terms of the code. B. Amendment to Section 1340 — Outside Storage of Boats & Trailers The Council suggested that the definition of rear yard needs redefining. The Council was looking for reasonably screened and placed in the rear yard. Council member DeLapp stated if we cannot enforce the regulations, then we shouldn't adopt these ordinances. What we have in the code now is unattainable. DeLapp asked if the Planning Commission could suggest how the City can enforce this ordinance. M/S/P Dunn/ DeLapp - to send this amendment to Section 1340 — Outside Storage of Boats and Trailers to the Planning Commission for review and comments. (Motion passed 5-0.) C. Zoning Variance — Daniel Rude, Kraft Circle Planner Dillerud reported the Planning Commission recommended denial of this application for variance from several Zoning Ordinance standards to construct a new residence on a parcel of approximately 24,000 square feet. This 2002 application assumes the applicant is permitted to acquire approximately 12,000 sq.ft. of the City owned parcel to the west — one of the 3 parties with remaining interest in that City owned land. That would double the size of their house site from the 2001 application. Dillerud explained the Commission conducted the public hearing on this application on March 11, 2002. The application was then tabled twice; first to secure the Engineer's opinion as to whether successful septic treatment could be accomplished on the enlarged site; and, second to await the Council's action regarding sale of city -owned land policy. The Council extended the 60 day application review period to June 8, 2002 at its April 2, 2002 meeting. Even though the Council had not made a decision regarding sale of the remaining City owned land related to Kraft Circle. Mr. Rude requested his variances be placed on the April 22, 2002 Planning Commission Agenda. The Council decided to address at this time the Resolution adopting the Policy for the Sale of City owned land that was prepared for consideration. M/S/P DeLapp/Armstrong — to postpone 9C to discuss agenda item I IA. Policy for the Sale of City Owned Land. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES MAY 7, 2002