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LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 18, 1986 Page 9 <br />commercial business in his Rl zoning and was forced to tear down <br />his building. Mayor Morgan stated that the Rossow situation was <br />handled administratively and. legally. <br />John Schiltz asked why he pays commercial taxes to run a <br />commercial busiess and other people can pay Ag Preserve taxes to <br />run their business. Councilwoman Armstrong stated that the people <br />that put together the Ag Preserve Act had other uses in mind that <br />people could do on their farms while they were maintaining their <br />land. <br />Councilman Christ stated that on more than one occasion the City <br />Attorney had said that it is not a code violation. <br />City Attorney Knaak advised that there is no code violation. In <br />this instance I was asked to do an analysis and opinion with the <br />facts I had on hand with those presumptions, if in effect. The <br />code states that if there is a previous existing use (which I saw <br />no evidence to indicate that there was not), then that is an <br />allowed use and it is grandfathered in. If it is a common <br />practice for other people to use farm buildings for similar <br />purposes and it was argued that it was, and I saw evidence to <br />suggest that it was, and again the presumptions are in effect, <br />then I have to say that it is an allowed use. <br />City Attorney Knaak advised the Council that he has discussed this <br />with City Administrator Overby and has since worked out some <br />language which would require an annual review for these kind of <br />uses. As the code is currently worded, this is an allowed use <br />with the facts that we got,. If you don't like it, change the <br />code. <br />M/S/P Dunn/Christ -• to adjourn the City Council meeting at 11:05 <br />p.m. (Motion carried 5-0). <br />