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WHEREAS, Mr. Johnson presented further information indicating <br />that an additional charge of $2,276.00 would be made by Morton <br />Buildings, Inc. upon cancellation of the building order (see <br />cancellation expenses attached as Exhibit 14); <br />NOW THEREFORE, the Council Committee consisting of Council <br />Members Williams and Graves, on behalf of the City Council of the <br />City of Lake Elmo makes the following findings: <br />1. That a 1,000 square foot Canopy attached to a 1,Ooo <br />square foot garage is not permitted under the Municipal <br />Code of the City of Lake Elmo in an R1 Zoning District. <br />2. Stephen and Elizabeth Johnson proceeded in good faith at <br />the direction of the City Council to apply to the <br />Building Official of the City of Lake Elmo for a Building <br />Permit for a 1,000 square foot storage building with a <br />1,000 square foot canopy and permit #89-254 was issued <br />in good faith by the Building Official, James McNamara; <br />3. In reasonable reliance on the permit as issued, Stephen <br />and Elizabeth Johnson entered into a contract with Morton <br />Buildings, Inc. for the construction of the proposed <br />building, paid an excavator to excavate the proposed site <br />including the removal of a large number of trees, and <br />incurred expenses for equipment storage; <br />( 4. In the event the construction cannot go forward as <br />planned, Mr. and Mrs. Johnson will incur cancellation <br />charges in the amount of $2,276.00 in addition to the <br />$1,700.00 down payment already paid on the building; <br />5. Mr. and Mrs. Johnson ask no relief except to continue <br />with construction under permit #89-254 and expressed a <br />willingness to execute a complete release to the City if <br />work could proceed. <br />6. That Mr. and Mrs. Johnson have demonstrated expenses for <br />improvements that are unique to the project and which <br />would not otherwise be usable under the existing <br />municipal code. <br />7. The equities advanced by Stephen and Elizabeth Johnson <br />in this particular case are sufficiently great to <br />outweigh the public interest advanced through strict <br />enforcement of the Municipal Code which would otherwise <br />not allow the 1,000 square foot canopy. <br />3 <br />