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LAKE ELMO CITY COUNCIL MINUTES JUNE 6, 1989 PAGE 4 (3) A structure setback from the drainfield of 8 feet or 9 feet where 20 feet is required. (Motion carried 5-0). C. PUBLIC HEARING: (1) Variance --Allow commercially licensed vehicle parking in R-1 Zone R.J. Linnell, 9402 Stillwater Blvd. Mayor Dunn opened up the public hearing at 7:36 p.m. in. the City Council chambers. R.J. Linnell is a private contractor hauling mail for. the U.S. Postal Services and works out of the Minneapolis Post Office. Mr. Linnell is requesting a variance to the Lake Elmo Municipal Code (301.130 E.5) that prohibits parking of a commercially licensed vehicle over (1) ton capacity in a Residential area which would allow hint to drive his vehicle home and park it in his driveway overnight. Normally, Mr. Linnell comes home from work at 7 p.m. and leaves for work at 3:30 a.m.. Mr. Linnell presented pictures of his truck and views from sides of his property showing what is visible. He explained this truck is under contract with the Minneapolis/St. Paul Postal Service and require the truck be at his disposal 24 hours a day. The truck has government equipment on it and has to be secure; therefore, he has an umbrella insurance policy on his home for the truck. Delray Espelien, 9340 Stillwater Blvd, advised the Council he has lived in this residence for 21 years and owned this house, himself, for .11 years and presented his pictures showing various views from his house. Espelien stated "he doesn't believe there is any commercial vehicle under contract which states it has to be driven home and parked in your yard." Mr. Espelien, Delray's father, lives in Oakdale, but owns 2 lots opposite to his son. when he bought this place there was atrucking business next to him on a I acre lot, this is why he moved to Oakdale. when it burned dowr),;the land owner couldn't sell it. Mayor Dunn closed the public hearing at 7:46 p.m. When the City Attorney was asked if the condition, of Mr. Linnel having no other option than take this vehicle home due to his job, could be considered a legal based hardship for granting a variance, Knaak stated it would be difficult for him to say, based on this hardship alone, because he considered this an economic hardship. The Council asked the staff to use their expertise to find how widespread in the City is parking of a business vehicle at home. The Council asked the question "Does the ordinance really intend to stop someone from driving back and forth to work OR is it more to stop the actual storage of such vehicles,in a residential area?" and "how do other contract drivers maintain or store their trucks?" The Administrator will contact the Postal Service on their requirements. MIS/ Moe/Hunt - to grant a temporary variance to R. J. Linnell, 9402 Stillwater Blvd, to allow commercially licensed vehicle to park overnight in the R1 Zoning District.