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the structure remains on the transporting trailer pending the outcome of this after -the -fact application. The applicant's only apparent option for location will technically violate the city code provision that prohibits accessory structures from being located closer to the front property line than the principal structure. The builder chose to physically face the home on Hytrail, but the Highlands Trail site of the lot is actually the front by section 150 definitions (shortest street frontage on a corner lot). This code provision may be waived by Council resolution. M/S/P Dunn/Johnston — to adopt Resolution No. 2003-068, approving an after -the -fact application by Jerome and Tracy Pierre to move into the City a 624 square foot structure to their tax lot at 5665 Hytrail Avenue, based on the recommendation and subject to the conditions of the Planning Commission; and, to approve a waiver from the terms of Section 300.13 Subd. 3I. of the City Code regarding the location of accessory structures closer to the front lot line than a principal structure. (Motion passed 5-0:Council member DeLapp indicated he was supportive of this request as long as the garage is a residential use and not used as a business). B. Amendments to the ATV Ordinance (Agenda Item moved) C. Lake Elmo Fire Relief Association Audit (POSTPONED to 8/19/03) D. 201 System Connection Request: 8048 Hill Trail; R. Johnson Roger Johnson, 8048 Hill Trail, has requested connection to the Tri-Lakes Remote C 201 system. The Planner noted the request appears timely from the perspective of the upcoming Hill Trail reconstruction project (the home is on the opposite side of Hill Tail from Remote C), there may be capacity issues with Remote C, and, also issues with compliance with implied City Policy regarding connection to 201 systems. The implied policy is that the 201's were originally intended to serve private septic systems that had already failed at the time the 201 systems were constructed; and, to have capacity to accommodated homes in the immediate vicinity of the 201, when their systems actually failed, and no replacement option was possible on the failed system's lot. Mr. Johnson was asked to demonstrate to the City Engineer that he cannot locate a replacement septic system on his own property at such time as his existing system may fail. Roger Johnson said he talked to the Building Official about adding to the garage closer to street and raising it up. He said according to the Building Official the septic system is 27 years old and even though it's not failing now, he would have trouble with the system in the future. Council member Siedow said if the system is not failing he would not vote for this. M/S/P Johnston/Dunn — to direct the City Engineer and staff to determine the unused capacity and expansion capabilities of the Tri-Lakes "Remote C" 201 system; and, requesting Roger Johnson to coordinate with the City Engineer regarding the potential for Mr. Johnson to construct a replacement septic system on his property with a report to Council on both matters on August 19. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES AUGUST 5, 2003 7