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LAKE ELMO CITY COUNCIL MINUTES FEBRUAR.Y 5, 1991 PACE 4 <br />M/S/P Williams/Hunt - to instruct the city staff to reschedule the <br />Legion Avenue, 20th Street to Legion Lane (N.Jct.) bituminous overlay <br />public hearing from February 19th to March 5th City Council meeting. <br />(Motion carried 5-0). <br />M/S/P Williams/Hunt - to instruct the city staff to reschedule the <br />public hearing for a variance request to rear yard setback by Philip <br />Zimmer from February 19th to March 5th City Council meeting. (Motion <br />carried 5-0). <br />M/S/P Mottaz/Williams - to hold a special meeting of the City Council <br />on February 19th, at 6:30 p.m., at Oak -land Junior High School. <br />(Motion carried 5-0). <br />B. Continuation of variance to height of accessory structure: <br />Applicant: David Schwarz, 10961 32nd St. <br />M/S/P Mottaz//Dick Johnson - to remove this item from the table. <br />(Motion carried 5-0). <br />Councilman Johnson noted he has talked to the neighbors who voiced <br />their concern that the structure does exceed our height limit and <br />looks out of place in the neighborhood. However, the Council <br />indicated the garage was built according to the plans submitted and <br />approved by the Building Official. The city staff made an error and <br />the homeowner relied on that error. <br />M/S/P Mottaz/Dick Johnson - to grant a variance to David Schwarz, <br />10961 32nd St. N., from the required 14' building height for the <br />purpose of constructing a garage based on the city staff errored in <br />approving the submitted plans, issued the building permit, and the <br />homeowner justifiably relied on that error. (Motion carried 4-1: <br />Williams). <br />As a future agenda item, the Council will discuss Section 301.070 <br />D.3.C. which lists all minimum district requirements in the R1 zoninq <br />district. This is the section of the code used to determine that a <br />variance was needed for the garage setback, and is the section that <br />states building height maximum is 35 feet. It doesn't say primary <br />structure only, and it doesn't reference any other section of the <br />code. <br />C. Planning and Parks Commission Applications <br />Each Council member will review the submitted applications and have a <br />list of their selections available for the February 21st meeting. <br />Councilman Williams formally introduced a resolution as a motion so <br />the Council could determine the number of seats on the PZ that need to <br />be filled. The motion addressed only the Mayor's authority to act <br />outside of the Council meeting. <br />