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LAKE ELMO CITY COUNCIL MINUTES DECEMBER 3, 1985 PAGE 2 <br />Morgan advised it should be made clear to the Hammes' that the <br />City expects reasonable progress on these violations with the <br />deadline date being March 1, 1986. If not, they will recommend to <br />withold issuance of the Hammes 1986 Conditional Use Permit for its <br />mining operation until the code violations existing on the Hammes' <br />property are corrected. <br />Mayor Morgan stated that the discharge of firearms and the <br />operation of ORV's by non -property owners are both activities that <br />shall cease immediately. <br />M/S/P Morgan/Mazzara - to authorize the City Administrator and <br />City Attorney to pursue this matter as the response from William <br />Hammes has not been satisfactory and recommend withholding <br />issuance of the Hammes 1986 Conditional Use Permit for its mining <br />operation until the code violations existing on the Hammes <br />property are corrected. (Motion carried 5-0). <br />City Administrator Overby stated that the family has expressed <br />intentions toward setting up an off -the road vehicle facility in <br />1986. <br />B. Public Hearing - Request for Variance- Dean Johnston <br />Pursuant to published notice, Mayor Morgan opened up the public <br />hearing at 7:40 p.m. in the City Council Chambers. <br />The purpose of this public hearing is to consider a request for a <br />variance by Dean Johnston at 8200 Hill Trail N. The variance <br />would allow a parking area that would be closer to the neighbor's <br />property line than the code allows. <br />Tom Radio, Dean Johnston's attorney, referred to a letter writen <br />by himself to the Mayor and City Council dated November 27, 1985 <br />regarding this variance application. In this letter, Mr. Radio <br />has advised Mr. & Mrs. Johnston that a variance is not required <br />for their continued parking of an automobile on their north <br />driveway based upon the following opinions: <br />1. The Johnstons are entitled under the nonconforming <br />use status of the property to continue their prior <br />parking activity; <br />2. The Development Agreement, dated October 7, 1982, <br />granted all necessary variances for the use of the <br />property; and <br />3. Their current parking activity complies with the <br />Lake Elmo Municipal Code. <br />Radio - The key test for a variance application is hardship. The <br />hardship in this case is being able to back out of their driveway <br />in a safe fashion both for themselves and the neighbors. The <br />Johnston's have three vehicles, two of whch are parked in their <br />