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LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 15, 1987 PAGE 3 M/S/P Graves/Moe - to deny the request for the variance for the sideyard setback for the construction of a garage on the property of 2855 Lake Elmo Avenue North. (Motion carried 5-0). B. PUBLIC HEARING: Request for Variance to the Number of Size of Accessory Structures in the R-1 Zoning District. Bernard Meyer, 3303 Lake Elmo Avenue Mayor Christ called the public hearing to order at 8:00 p.m. in the City Council chambers. Mr. Bernard Meyer wishes to construct a 30' x 60' (pole barn) accessory building to house construction equipment for his existing on -site business. In 1965 when he bought this, it was zoned "Light Industrial", but now he has new neighbors who have children that have been playing on the equipment that is parked on the site. City Administrator Overby stated the following in his review: 1. The business has operated at this location for many years and should be considered as a "grandfathered" non -conforming situation in th R-1 zoning district. The City Ordinance does not allow expansion of an existing non -conforming use. The question here is whether the construction of an accessory building to house existing construction equipment already stored on the site could be considered an expansion of the non -conforming use. 2. The second issue is the size of accessory buildings allowed in the R1 zoning district. The City code allows: "for parcels over twenty thousand square feet in land area, on building with a total area not to exceed one thousand square feet". (Section 301.130C.114). Mr. Meyer's lot is approximately 5.1 acres in size. Thus, he would be allowed a building of up to 1,000 square feet in size. However, there already exists one accessory building (25 x 45 = 1125 sq.ft.). This is why a variance is requested on the size of accessory buildings allowed. 3. The third issue concerns the number of accessory buildings allowed in the R1 zoning district. There is already one accessory building on the property, thus a variance is needed to allow the proposed new building. Marjorie Williams, 3025 Lake Elmo Avenue, added a caution that even though Mr. Meyer has been a good neighbor, if you do too much expansion of light industrial uses in a Residential neighborhood those people move out and leave this, the next owner may not be as good a neighbor. Then we are stuck with some non -conforming uses. She would like to see Lake Elmo Avenue maintained as a viable residential neighborhood. Mr. Meyer responded that there would not be an expansion of this business. The old barn will stay, but he still needs this size of building in order to keep all of his equipment inside.