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LAKE ELMO CITY COUNCIL.^'MEETING, JANUARY 6, 1981 -2- ROSSOW: Mr. Rossow went on to say that he would prefer a piece of Commercial property at that location in the future. Mayor Eder said that in order to accomplish this, the Rossows' would have to ask the City to revoke the present plat approval, remove the building and then apply for rezoning and permits to construct the building. After considerable discussion the Council asked the Rossows' what exactly they were looking for at this meeting. Lee Rossow answered that they want permission to finish construction of the building so that the building materials will not be vandalized. He said in the future they wanted to replat the property and leave the building under construction on a 30 acre lot. Several Councillors advised Mr. Rossow that the correct procedure for accomplishing what hb now wants to do would be to abandon the old plat, apply for a Comp Plan Amendment; and rezoning, and then apply for a Building Permit. The Council also advised him that they did not believe they should issue a variance to build something in violation of the ordinances, especially if the building was not something they would normally allow. Mo.ttaz moved, seconded by Morgan, to instruct the City Attorney to take whatever action is necessary to cause Rossows' to remove the building under construction. In discussion Lee Rossow said that it was his impression that an Ag building was permitted on Ag land without a permit. The Council and Administrator advised him that this was not Ag land and that the building did not meet the requirements of the Zoning Ordinance. Mr. Rossow said he did not believe he should have to tear down his building and rebuild it later simply to meet a formality. The Council informed Mr. Rossow that the variance procedure did not exist to make illegal uses legal. Motion carried 5-0. B. Dave Johnson - Possible Rezoning of the House Next to City Office for Car Repair Business - Mr. Johnson did not appear. The Council took no action. C. Olinger - Non -Conforming Use and Mining - The Administrator, Larry Whittaker, presented a sketch plan of the Olinger property and a list of the vehicles they intend to store there over time. He suggested that, if this list was acceptable to the neighbors and the City Council, that it become the limit of non-conformance for the Olinger property. The Council, through questions, tried to ascertain if this was a normal level of equipment storage on the property. Councillor Novak asked if the Olingers' had attempted to screen this storage and their mining operation from adjacent properties. Dan Olinger said that they had not really tried to although there was some screening between his home and the storage. Councillor Mottaz asked if he had always stored materials for Griffth Landscaping. Dan Olinger said that they had been storing it for at least`, six years. In discussion Mr. Olinger agreed that they would get a mining permit defining the extent of the mining, the final landscaping plan, and the time limit for mining this earth; and agreed that they would develop some type of screening between the mining and storage uses and adjacent residential properties.