09-06-94 CCM - Laserfiche WebLink

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LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 6, 1994 B. Appeal Hearing to Administrative Decision: Thomas G. Armstrong, Thomas P. Armstrong, Jodi Armstrong (Low Cost Storage) Administrator Kueffner pointed out there was an error in the Request for Council Action cover sheet. The ordinance was repealed by the City Council on June 21, 1994 and was published and became effective on June 23, 1994. Attorney Filla explained it is appropriate to consider the appeal of the property owner. The application was to do two things: amend the text of the zoning code and to amend the CUP. Once the city repealed the Alternate Ag regulations, which were standards that were applicable to that type of use, there was nothing to judge the application by. For that reason, it didn't make any sense to go forward with the application. Thomas G. Armstrong asked the council to consider and to issue findings in writing as to what action was taken by Administrator Kueffner. Armstrong added, "I am here to merely exhaust our administrative remedies before taking further action. The PZ already has made a recommendation to those exact changes to the ordinance and that recommendation was made on February 28, 1994, and this council has never acted on that recommendation." Attorney Filla pointed out there are options available to the city: take action based upon current code and the application of the property owner and to view the application as a request to amend the text, first. Second, to amend the permit consistent with the text that would be adopted OR recite, reasons if deciding not to go forward with the application. Filla's recommendation, depending on the council's view of this, was to prepare some written findings after some discussion of the council and bring them back for their review OR let this matter wind its way to the PZ. The application is to expand what is now a legal non conforming use which cannot be accomplished by a variance because you cannot allow by variance a use that would not otherwise be permitted. Alternate Ag is no longer an allowed special use in the Ag zone. Councilman Johnson defended the request made because he felt this application was submitted prior to the council's repealing the Alternate Ag and in denying Mr. Armstrong the ability to go through the request that he has made we are being heavy handed, and we should process the application according to what was in existence at the time the application was made. Council member Conlin pointed out that consideration of repealing the ordinance was before the council prior to the application being submitted. They were considering amending the Alternate Ag when the application was submitted. The council could not prevent the Armstrong's from submitting the application. Mayor John indicated during the time the city discussed amending the Alternate Ag ordinance, the Armstrong CUP was declared outside the conditions of the CUP. Mr.