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